Parliament is set to debate a Bill which seeks to bar the Public Service Commission and other government appointing authorities from engaging persons who have attained the age of 60 years into public service.
The proposed Bill which is sponsored by Embakasi Central MP Mejjadonk Benjamin Gathiru wants an amendment to be done on the Public Service Act of 2023, by prescribing the retirement age of sixty years in the Act. He wants the amendment done on Section 80 of the Act.
Gathiru had introduced the Bill in the 12th Parliament but it was not processed during that time hence the reintroduction.
The legislator says that the Bill is meant to increase the job vacancies available to Kenyan citizens below the age of 60 years.
The sponsor has, however, offered a reprieve to those currently engaged in government service beyond the mandatory age.
The Bill which Gathiru notes does not limit any fundamental rights and freedoms as provided under the Constitution, has under Clause 4 proposed that officers engaged by the PSC or any other appointing authority be allowed to complete their contracts.
It also proposes to allow the Commission any other appointing authority a grace period to train officers for the necessary skills required by the organization.
“A public officer engaged for service by the Commission or any other appointing authority after attaining the mandatory retirement age before commencement of this Act shall serve for the remainder of the contract,” reads a section of the Bill.
The Bill comes in the wake of rising unemployment especially amongst the youth in the country, which according to the Kenya Bureau of Statistics data currently stands at 4.9%.
Last week, the Departmental Committee on Labour and Social Protection recommended the disapproval of a presidential nominee to the Salaries and Remuneration Commission (SRC) as she was above the mandatory retirement age for the PSC.
The Committee noted that though Phyllis Wagacha held all the requisite qualifications for the position, at 75 years she was not suitable to represent the PSC at the SRC.
Legislators noted that while the retirement age does not apply to State officers and Dr. Wagacha has met both the academic qualifications and Chapter 6 requirements, it is necessary for the representative of the PSC to be below the mandatory retirement age.
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