PSC faces backlash for ignoring own directive on retirement age rule

Auditor General Nancy Gathungu. [File, Standard]

The Public Service Commission is in trouble over a decision to ignore its own directive and employ staff above the mandatory retirement age of 60.

According to a report by Auditor General Nancy Gathungu, the commission chose to re-hire three senior officers who were past retirement age during the 2021/2022 financial year.

"A review of human resource records reveals that the Commission has three officers in service who were appointed and continued to be retained past the retirement age of 60 years. This is contrary to section 80 of the Public Commission Act, 2017..." reads the report in part.

"In the circumstances, the Commission was in breach of the law and its guidelines," it adds.

Sections 1(a) and (b) of the Act stipulate that a public officer shall retire from service with effect from the date of attaining the mandatory retirement age; and the commission or other appointing authority shall not extend the service of such retired public officer beyond the retirement age.

While appearing before the National Assembly Public Accounts Committee (PAC), the commission was put to task to explain why it contravened its own directive through the retention of retired officers in service.

This was after the watchdog committee heard that the commission retained the deputy commission secretary (Corporate Services), deputy commission secretary (Technical Services) and senior accountant (PSC 4) after they exited from service after attaining the mandatory retirement age.

Interestingly, it emerged that the PSC had in November 2020 issued a circular stopping the approval of any extension of service for staff who had reached the retirement age.

"I am disturbed by the fact that PSC is the one engaging in malpractice. What right, then, does it have to tell others what should be done?" posed Rarieda MP Otiende Amollo.

"Where do you get the authority to be exempt from your own circular?" he wondered.

Mathioya MP Edwin Mugo said the circular by PSC had over the years been prone to abuse by the commission and the State, adding that this was evidenced by the recent appointment of the Inspector General of Police Douglas Kanja.

Mr Kanja was on Tuesday given the greenlight by the Senate after it adopted his nomination despite attaining the age of 60 years.

"Instead of giving jobs to younger people you are retaining retired people. Kenya has no shortage of skills...it is a case of poor planning on the commission," said Mr Mugo.

Funyula MP Wilberforce Ounda faulted the commission for abuse of office. "This suggests to me that there was utter abuse of office and the law. This should never be allowed to happen again in this country," he remarked.

In his defense, PSC chief executive Paul Famba submitted that the contracts of the three officers were renewed for varied periods as they "served in critical dockets".

"The officers were retained for having institutional memory and possessing rare knowledge beneficial to the commission. We will, however, strive to ensure this will not happen again," said Famba.

The MPs also quizzed Famba on whether the officers were still employed. “Are the officers still in office or what’s their fate?” asked Ounda.

To which the CEO responded: “The term of one official has ended while the rest are expected to exit service by the end of this year."