These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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The Public Service and National Security: An Overview of Chapter Thirteen of the Kenya Constitution, 2010CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE
PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION
Overview;Chapter Thirteen of the Kenya Constitution, 2010, titled "The Public Service," outlines the principles and structure of the public service in Kenya. This chapter is divided into different parts, each addressing a specific aspect of the public service.
Part One of Chapter Thirteen focuses on the values and principles of the public service. It emphasizes the importance of upholding high standards of professional ethics, promoting the efficient, effective, and economic use of resources, and ensuring the responsive, prompt, effective, impartial, and equitable provision of services. Additionally, the chapter highlights the significance of involving the people in the policy-making process, ensuring accountability for administrative acts, and promoting transparency and the provision of timely and accurate information to the public. It also emphasizes the importance of fair competition and merit-based appointments and promotions, while also upholding the representation of Kenya's diverse communities and providing equal opportunities for appointment, training, and advancement for all individuals in the public service. Part Two of Chapter Thirteen focuses on the establishment and functions of the Public Service Commission. The Public Service Commission is responsible for overseeing the recruitment, appointment, and promotion of public officers. It ensures that these processes are conducted fairly and based on merit. The Commission also has the power to investigate and take disciplinary action against public officers who breach their code of conduct. Furthermore, this part addresses the staffing of county governments, emphasizing the importance of having qualified personnel to serve at the county level. It also outlines measures to protect public officers from victimization or unfair treatment. Part Three of Chapter Thirteen introduces the Teachers Service Commission, which is responsible for the management and regulation of the teaching profession in Kenya. This commission oversees the recruitment, training, and discipline of teachers, ensuring that they meet the required standards. Moving on to Chapter Fourteen, titled "National Security," it is related to the public service as it addresses the principles of national security and the establishment of various national security organs. This includes the Kenya Defence Forces, the National Intelligence Service, and the National Police Service. These organs play a crucial role in safeguarding the security and well-being of the country and its citizens. In summary, Chapter Thirteen of the Kenya Constitution, 2010 provides an overview of the public service in Kenya. It highlights the values and principles that guide the public service, the establishment and functions of the Public Service Commission, the role of the Teachers Service Commission, and also touches on national security organs. This chapter serves as a comprehensive guide for the structure, functioning, and principles of the public service in Kenya. Citation: The Kenya Constitution, 2010 PART 3—TEACHERS SERVICE COMMISSIONThe Functions and Responsibilities of the Teachers Service Commission in KenyaTEACHERS SERVICE COMMISSION.
EXPLAINED;According to the Kenya Constitution, 2010, the Teachers Service Commission (TSC) is established as a vital institution responsible for various functions and responsibilities related to the teaching profession in Kenya. The TSC plays a crucial role in ensuring the efficiency and effectiveness of the education system. Let us delve into the functions and responsibilities of the TSC as outlined in the constitution.
Firstly, the TSC is responsible for the registration of trained teachers. This function ensures that individuals who have undergone the necessary education and training to become teachers are officially recognized and licensed by the commission. Secondly, the TSC is entrusted with the responsibility of recruiting and employing registered teachers. The commission plays a vital role in the selection and hiring process, ensuring that qualified teachers are appointed to fill vacant positions in the education sector. Furthermore, the TSC is responsible for assigning teachers employed by the commission to various public schools or institutions. This function ensures the equitable distribution of teachers across different educational settings, addressing any imbalances and ensuring that the educational needs of all students are adequately catered for. The TSC also holds the authority to promote and transfer teachers within the education system. This function ensures career development opportunities for teachers, allowing them to progress professionally and contribute to the improvement of the education sector. In addition to these functions, the TSC exercises disciplinary control over teachers. This responsibility includes taking appropriate disciplinary actions against teachers who have violated professional codes of conduct or committed misconduct. The commission ensures that disciplinary procedures are followed, upholding the principles of fairness and justice. The TSC is also empowered to terminate the employment of teachers. This function is exercised when circumstances warrant such action, such as cases of gross misconduct or professional incompetence that cannot be remedied through other means. Moreover, the TSC has a broader mandate to review the standards of education and training for individuals entering the teaching service. This function ensures that the quality of education and training programs for teachers remains high, aligning with the evolving needs of the education sector. Additionally, the TSC is responsible for reviewing the demand for and supply of teachers. This function helps address the challenges of teacher shortages or surpluses, ensuring a balanced and adequate teacher-to-student ratio across the country. Lastly, the TSC serves as an advisory body to the national government on matters relating to the teaching profession. The commission provides expert advice and recommendations to the government, contributing to the development and improvement of the education sector in Kenya. In conclusion, the Teachers Service Commission (TSC) in Kenya, as established by the Kenya Constitution, 2010, has various functions and responsibilities aimed at ensuring the efficiency, effectiveness, and professionalism of the teaching profession.Citation: The Kenya constitution, 2010 Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Protection of Public Officers in Kenya According to the Kenya Constitution, 2010PROTECTION OF PUBLIC OFFICERS.
EXPLAINED;Public officers in Kenya are granted certain protections under the Kenya Constitution, 2010, to ensure their fair treatment and safeguard their rights. These protections are outlined in Article 236 of the constitution.
Firstly, public officers are protected from victimization or discrimination for performing their functions in accordance with the constitution or any other law. This means that public officers cannot be subjected to adverse actions or treated unfairly due to their adherence to the duties and responsibilities of their office. It ensures that public officers can carry out their duties without fear of reprisal or discrimination. Secondly, public officers are safeguarded against arbitrary dismissal, removal from office, demotion in rank, or any other form of disciplinary action. These actions can only be taken against a public officer through due process of law. Due process ensures that public officers have the right to be heard, to present their case, and to receive a fair and impartial review of the allegations or charges made against them. This protection prevents public officers from being unjustly penalized or disciplined without a fair opportunity to defend themselves. By providing these protections, the Kenya Constitution, 2010, aims to create a conducive environment for public officers to perform their duties effectively and without fear of unfair treatment. These safeguards also promote accountability and transparency within the public service by ensuring that disciplinary actions are based on justifiable grounds and are conducted in a fair and transparent manner. It is important to note that these protections are in place to uphold the rights and dignity of public officers while ensuring that they fulfill their duties and obligations to the best of their abilities. Public officers play a crucial role in the delivery of public services and the functioning of government institutions. Therefore, it is essential to provide them with the necessary safeguards to ensure their professional growth and protect them from any form of victimization, discrimination, or unjust disciplinary actions. In conclusion, the Kenya Constitution, 2010, provides important protections to public officers in Kenya. These protections include safeguards against victimization and discrimination for performing their functions according to the constitution and the law. Additionally, public officers are protected from unjust disciplinary actions and can only be subjected to such actions through due process of law. By upholding these protections, the constitution aims to create a fair and conducive environment for public officers to fulfill their duties effectively and contribute to the betterment of society. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Responsibilities of County Governments in Staffing their Public Service in KenyaSTAFFING OF COUNTY GOVERNMENTS.
EXPLAINED;According to the Kenya Constitution, 2010, county governments in Kenya have specific responsibilities when it comes to staffing their public service. These responsibilities are outlined in Article 235 of the constitution.
Firstly, county governments are responsible for establishing and abolishing offices within their public service. This means that county governments have the authority to create new positions or departments that are necessary to effectively deliver public services at the county level. Similarly, they can also abolish offices or positions that are no longer needed or have become redundant. Secondly, county governments have the power to appoint individuals to hold or act in the offices within their public service. This responsibility involves the selection and recruitment of qualified candidates to fill the available positions. The appointment process should be based on merit, fairness, and adherence to any uniform norms and standards prescribed by an Act of Parliament. Additionally, county governments are responsible for confirming appointments made to the public service. This ensures that the appointment process is transparent and that the individuals selected for the positions meet the necessary qualifications and requirements. Confirming appointments is an important step in ensuring that the county government has competent and capable individuals serving in the public service. Furthermore, county governments have the authority to exercise disciplinary control over and remove persons holding or acting in offices within their public service. This responsibility involves maintaining discipline and enforcing professional conduct among public servants. County governments can take appropriate disciplinary measures when public servants engage in misconduct or fail to perform their duties effectively. They also have the power to remove individuals who are not meeting the required standards or are no longer suitable for the positions they hold. It is important to note that the responsibilities outlined above do not apply to any office or position subject to the Teachers Service Commission. The Teachers Service Commission is a separate entity responsible for the staffing of teaching positions within the education sector. In conclusion, according to the Kenya Constitution, 2010, county governments in Kenya have specific responsibilities in staffing their public service. These responsibilities include establishing and abolishing offices, appointing individuals to hold or act in those offices, confirming appointments, and exercising disciplinary control over and removing persons in the public service. By fulfilling these responsibilities, county governments aim to ensure that their public service is efficient, effective, and capable of delivering quality services to the citizens. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Functions and Powers of the Public Service Commission in KenyaFUNCTIONS AND POWERS OF THE PUBLIC SERVICE COMMISSION.
EXPLAINED;The Public Service Commission in Kenya plays a crucial role in ensuring the effective functioning of the public service. According to the Kenya Constitution, 2010, the Commission is entrusted with various functions and powers to uphold the principles and values of the public service.
Firstly, the Commission has the authority to establish and abolish offices in the public service. It also appoints individuals to hold or act in these offices and confirms appointments. This power allows the Commission to shape the structure and composition of the public service to meet the evolving needs of the country. Disciplinary control and removal of persons holding or acting in public service offices is another key function of the Commission. This power ensures accountability and maintains high standards within the public service. The Commission has the responsibility to investigate, monitor, and evaluate the organization, administration, and personnel practices of the public service. By doing so, it promotes transparency, efficiency, and effectiveness in the delivery of public services. The Commission is also tasked with promoting the values and principles outlined in Articles 10 and 232 of the Kenya Constitution throughout the public service. These values include integrity, transparency, accountability, and professionalism. By upholding these principles, the Commission contributes to a culture of good governance and ethical conduct within the public service. Furthermore, the Commission plays a crucial role in the development of human resources in the public service. It focuses on enhancing the skills, knowledge, and capabilities of public servants through various training and development programs. This function ensures that the public service is equipped with competent and qualified personnel to effectively serve the citizens of Kenya. The Commission also reviews and makes recommendations to the national government regarding conditions of service, code of conduct, and qualifications of officers in the public service. By providing guidance in these areas, the Commission helps establish uniform standards and practices across the public service. Additionally, the Commission evaluates and reports to the President and Parliament on the extent to which the values and principles outlined in Articles 10 and 232 are complied with in the public service. This reporting mechanism ensures transparency and accountability in the public service and allows for necessary improvements to be made. The Commission has the authority to hear and determine appeals in respect of county governments' public service. This function ensures that grievances and disputes within the county governments' public service are addressed fairly and impartially. Lastly, the Commission has the power to perform any other functions and exercise any other powers conferred by national legislation. This provision allows for flexibility and adaptation to changing needs and circumstances within the public service. In conclusion, the Public Service Commission in Kenya plays a vital role in ensuring the effective functioning of the public service. Its functions and powers, as outlined in the Kenya Constitution, 2010, encompass various responsibilities such as establishing offices, appointing personnel, disciplinary control, promoting values and principles, developing human resources, and providing oversight. Through its actions, the Commission upholds the principles of good governance and aims to deliver efficient and effective public services to the citizens of Kenya. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONEligibility Criteria for Appointment as a Member of the Public Service Commission in KenyaTHE PUBLIC SERVICE COMMISSION.
EXPLAINED;The Public Service Commission in Kenya plays a crucial role in the governance of the country. To ensure the integrity and effectiveness of this commission, specific eligibility criteria have been outlined in the Kenya Constitution, 2010. These criteria aim to ensure that only qualified individuals are appointed as members of the Public Service Commission.
According to the constitution, the Public Service Commission consists of a chairperson, a vice chairperson, and seven other members. The President appoints these members with the approval of the National Assembly. However, there are certain restrictions that determine the eligibility of individuals for these positions. Firstly, a person is not eligible for appointment as a member of the Public Service Commission if they have held office or stood for election as a member of Parliament or a county assembly within the preceding five years. Similarly, individuals who have been members of the governing body of a political party are also ineligible for appointment. Furthermore, holding any State office disqualifies an individual from becoming a member of the Commission. This provision ensures that there is no conflict of interest or undue influence in the functioning of the Public Service Commission. Additionally, individuals who have been candidates for election as a member of Parliament or a county assembly, or have held office in any political organization that sponsors or supports such candidates, are not eligible for appointment. However, it is important to note that these restrictions cease to apply to a person after two general elections for Parliament have been held since the person ceased to be a candidate or office holder. Apart from these restrictions, the constitution also mentions the appointment of a secretary to the Commission. The secretary serves as the chief executive of the Commission and is appointed for a term of five years, with the possibility of re-appointment once. In conclusion, the eligibility criteria for appointment as a member of the Public Service Commission in Kenya aim to ensure that only qualified and unbiased individuals hold these important positions. These criteria, as outlined in the Kenya Constitution, 2010, prevent individuals with recent political involvement or conflicts of interest from becoming members of the Commission. By upholding these eligibility criteria, the integrity and effectiveness of the Public Service Commission are safeguarded, contributing to transparent and accountable governance in Kenya. Citation: The Kenya constitution, 2010 PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICEUpholding Values and Principles: The Essence of Public Service in KenyaVALUES AND PRINCIPLES OF PUBLIC SERVICE.
Explained;The Kenya Constitution, 2010, emphasizes the importance of values and principles in public service. These fundamental ideals guide the conduct and actions of public servants at both levels of government and within state corporations. By adhering to these values, public servants contribute to the efficient, effective, and equitable provision of services to the people of Kenya.
High standards of professional ethics form the bedrock of public service. Public servants are expected to uphold integrity, honesty, and moral conduct in their professional endeavors. This ensures that their actions are guided by ethical principles and serve the best interests of the public. Efficient, effective, and economic use of resources is another crucial value. Public servants are entrusted with the responsible management of public funds and resources. By optimizing resource allocation and usage, they ensure that public services are delivered in a cost-effective and efficient manner, maximizing the benefits for the citizens. Responsive, prompt, effective, impartial, and equitable provision of services is a key principle in public service. Public servants must be attentive to the needs and concerns of the people they serve, providing timely and effective solutions. They are expected to treat all citizens impartially, without favoritism or discrimination, ensuring that services are accessible and equitable for all. Involvement of the people in the process of policy making is an essential value in public service. Public servants should actively engage citizens, seeking their input and feedback in the formulation of policies. By involving the people, public servants ensure that policies are reflective of the needs and aspirations of the population, fostering a sense of ownership and inclusivity in decision-making processes. Accountability for administrative acts is a cornerstone of public service. Public servants must take responsibility for their actions and decisions, ensuring transparency and answerability to the public. This promotes trust and confidence in the government and state corporations, reinforcing the legitimacy of their actions. Transparency and the provision of timely, accurate information are vital principles in public service. Public servants are obligated to provide the public with accurate and up-to-date information, facilitating informed decision-making and fostering public trust. Transparency ensures that the public is aware of the government's actions and holds public servants accountable for their conduct. Fair competition and merit as the basis of appointments and promotions are emphasized in public service. Public servants should be selected and promoted based on their qualifications, skills, and merit, ensuring a level playing field and fostering a culture of excellence within the public service. Representation of Kenya's diverse communities is a value that promotes inclusivity and the recognition of the country's rich cultural heritage. Public service should reflect the diversity of the nation, with representation from different ethnic groups and individuals with disabilities. This ensures that policies and services are sensitive to the unique needs and perspectives of all Kenyan citizens. Lastly, the values and principles of public service apply to both levels of government and state corporations. All state organs, regardless of their level, are expected to embody these ideals in their operations and service delivery. State corporations, as extensions of the government, must also adhere to these values and principles to ensure effective governance and efficient service provision. In conclusion, the values and principles of public service outlined in the Kenya Constitution, 2010, form the basis for ethical and effective governance in Kenya. By upholding these values, public servants at all levels of government and within state corporations can contribute to the betterment of society, ensuring the delivery of prompt, responsive, and equitable services to all citizens. Citation: The Kenya Constitution, 2010 |
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