A proposal by the Ministry of Public Service to transition all public servants from permanent to contract jobs has elicited reactions from players across Kenyas labour sector, even as the government appears determined for the change.
Debate started following a letter by Public Service Principal Secretary (PS) Amos Gathecha to Solicitor-General Shadrack Mose on Tuesday, titled Proposal on transitioning all public service staff from permanent and pensionable to contract terms.
The above proposal has been made with a view to enhancing productivity and addressing the wage bill. A meeting therefore, has been convened for Wednesday April 24, 2024, 2pm at the fifth floor, Harambee House boardroom, PS Gathecha said in the letter.
Yesterday, the ministry confirmed that the meeting resolved to form a taskforce to advise the government, on how to undertake the transition so as to increase productivity in the public service.
We are on course. We are committed but more will be coming. The proposal has been made with a view to enhancing productivity and addressing the wage bill, said Public Service Cabinet Secretary (CS) Moses Kuria.
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Head of Ministerial Programmes at CS Kurias office, Dr Peter Mbae, said members proposed to the taskforce during the meeting to include representatives from the ministries of Public Service, National Treasury and Labour, Attorney-General, Public Service Commission (PSC), Teachers Service Commission (TSC), Salaries and Remuneration Commission (SRC), National Police Service Commission (NPSC), Retirement Benefits Authority (RBA) and State Corporation Advisory Committee (SCAC).
The meeting agreed to the formation of a taskforce to look at the issue in a broader context. The matter is to be tabled before the Cabinet at a higher level so as to agree on the issue of the taskforce, Dr Mbae said.
What we are proposing is that we want to go the contract way so as to increase productivity even if it means paying more than what the government is currently doing in wages, he said adding; at the end of the day, the pension remains.
But while the government progresses with actions to transition the public service, which has an estimated 970,000 workers across national and county government levels, unionists, the opposition and legal experts yesterday faulted the proposal for its legal shortcomings.
Mr Tom Odege, Union of Kenya Civil Servants (UKCS) secretary- general, condemned the plans by CS Kuria, terming it reckless and impossible to implement.
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Civil servants must not be the scapegoat for the rising wage bill while the government gobbles up billions of shillings every month in unnecessary and unproductive local and foreign travels, Mr Wandayi, the Ugunja MP said.
As the unions and the opposition faulted the proposal, legal experts in the labour sector raised questions regarding legality of the proposal, since the Employment Act, 2007, requires that a change on an employees the form and duration of the contract be done in consultation between the employer and the worker.
Labour issues lawyer, Dan Okemwa, says such a change must be done in writing and the subject-employee(s) must signify his/her consent to the change/revision.
Human Resource Committee Chairperson at the Council of Governors (COG) Mutahi Kahiga, yesterday said putting government workers on contract would boost productivity in the public service and help control workers on issues such as strikes.
This is a matter we discussed under former President Uhuru Kenyatta about three years ago during the nurses strike. It was a resolution of the summit that all employees would be put on contract. There is nothing wrong with a contract as long as it is well stipulated, takes care of the employees interests, Mr Kahiga, the Nyeri Governor said.
But even as the debate persists and SRC is indicated as being among members of the taskforce, the Commissions chairperson, Lyn Mengich, yesterday said SRC had not formally received the proposal from the Ministry OF Public Service, staying mum on what this means for the government.
When we receive such formal proposal and get an opportunity to look at details of what it is and how it is proposed to be implemented, we will be at a position to respond, Ms Mengich told
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