Functions, Powers and Independence

Functions of the Commission

In accordance with Section 10 (1) of the Public Service Act No. 8 of 2002 as amended by Public Service (Amendments) Act No. 18 of 2007, the Commission has the following functions:

· To advise the President through the President's Office, Public Service Management on the exercise of such functions conferred upon the President by Article 36 of the Constitution;

· To assist the President in relation to such matters relating to the Public Service as the President may require;

· To issue guidelines and monitor compliance in the Public Service;

· To receive and act on appeals from the decisions of other delegates and Disciplinary Authorities;

· To facilitate, monitor and evaluate performance by officials in the Public Service to secure result oriented management;

· To ensure that Service Schemes are formulated and implemented effectively and

· To exercise such other functions as may be conferred upon the Commission by or under any written Law.

Powers of the Commission

In order to effectively discharge its responsibilities, the Commission has the following statutory powers:

· To call upon all executives in service to account for their performance. The Commission should be seized with evidence or complaints indicating mismanagement or non-performance of a mission.

· To take measures in relation to any executive who fails to take action concerning public servant under him in accordance with the requirements of the law for the service.

· To confirm, vary or rescind the decision of the disciplinary authority appealed against.

· To demand information from employing or disciplinary authorities and where such employing or disciplinary authorities fail to provide information as required by the Commission, the Commission shall report the failure to the Chief Secretary who shall take appropriate action.

Independence of the Commission

The Public Service Commission is and Independent department under the office of the President. The Chairman and Commissioners, though not executives, enjoy a stable security of tenure. Although the President is empowered to remove a member from the office, the law is clear that the President shall invoke such powers only for good sake.

In the course of making its decisions, the Commission is required to be impartial and free from unwarranted influences, any political interference or pressure from the government. This enables the Commission to discharge its duties freely and without fear. Similarly, the law provides that any person who directly or indirectly, personally or by any other person  in any manner, influences or attempts to influence any decision of the Commission, is guilty of an offence and is liable on conviction, to imprisonment for a term not exceeding two years.