Public Sector Profile of Kenya

Public Sector Profile of Kenya

According to the World Bank –Independent Evaluation Group “The effectiveness and efficiency of a country’s public sector is vital to the success of development activities. Sound financial management, an efficient civil service and administrative policy, efficient and fair collection of taxes, and transparent operations that are relatively free of corruption all contribute to good delivery of public services”.  Therefore the public sector of Kenya comprises of the central government, local government, development partners and public corporations. The public sector provides basic goods or services that either are not or cannot be provided efficiently by the private sector.

Objectives of public sector

• To enhance quality and efficiency of public service delivery;
• To improve performance management in the public service;
• To strengthen management systems and processes in Government;
• To enhance the capability of public service leadership and management and

To transform the culture and attitude of public service employees.

Vision 2030

An efficient, motivated and well trained public service is expected to be one of the major foundations of the vision. Kenya plans to build a public service that is more citizen focused and result oriented, a process whose achievements so far have received international recognition and awards. The government will intensify efforts to bring about an attitudinal change in public service that values transparency and accountability to the citizens of Kenya. A Kenyan school of government will be established to provide research and training for transformative leadership to the highest international standards.

Regulatory framework

Kenya constitution 2010

In August 2010, the Republic of Kenya enacted a new constitution following 20 years of failed attempts at constitutional reform as well as a failed 2005 referendum. The new Kenya constitution 2010 witnessed 67% approval from the Kenyan people signalling a new era in Kenya history. It is expected to create the legal framework to allow the government to address several institutional problems like the concentration of vast political powers in the executive branch, aggravated by corruption, impunity, and the inadequate protection of minority rights.

The Transition to Devolved Government Act 2012

The government act is a law to provide for a framework for transitional arrangements and processes for the establishment and operationalization of the devolved government. Its provisions include;

• Provides mechanism of how devolved system of government should be implemented
• Establishes structures that will assist in the implementation of the devolved government

The Local Government Act, Revised Edition 2010 (1998)

This is an Act of Parliament to provide for the establishment of authorities for local government; to define their functions and to provide for connected matters.

The Public Procurement And Disposal Act Revised Edition 2010 (2005)

This act of Parliament establishes procedures for efficient public procurement and for the disposal of unserviceable, obsolete or surplus stores, assets and equipment by public entities.

Land Act Revised Edition 2012    

The land Act gives effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources.

Public Service Commission

Article 234 of the Constitution outlines the functions and powers of the Public Service Commission. According to the article the Commission is expected to;

• Establish and abolish office in the public service;
• Appoint persons to hold or act in public offices, and to confirm appointments;
• Exercise disciplinary control over and remove persons holding or acting in those offices;
• Promote the values and principles referred to in Articles 10 and 232 throughout the public service;
• Investigate, monitor and evaluate the organization, administration and personnel practices of the public service;
• Ensure that the public service is efficient and effective;
• Develop human resources in the public service;
• Review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service;
• Evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service;
• Hear and determine appeals in respect of county governments’ public service; and
• Perform any other functions and exercise any other powers conferred by national legislation.

The Constitution further bestows upon the Commission other functions which include the following:

• Nominating persons to the Judicial Service Commission and Salaries Remuneration Commission under Articles 171(2) and 230(2){b} respectively;
• Recommending persons to be appointed as Principal Secretaries under Article 155 (2) (a); and
• Receiving petitions for the removal of the Director of Public Prosecutions and recommending appointment of a tribunal to investigate the complaints under Article 158(2) (3) and (4).

Public Finance Management

Public Finance Management deals with the administration of public funds and is guided by the following documents among others:

(i) The Constitution;

(ii) Public Financial Management Act, 2012,

(iii)The public Procurement and Disposal Act, 2015;

(iv) The Public Procurement and Disposal Regulations, 2006;

(v) Standard Bidding Documents; and (vi) Treasury Circulars (issued from time to time).

The information under the public sector of Kenya is organized as follows;

Civil Service
Financing Developments
Private Public Partnerships
Water Sub Sector
Mining sub sector