The outgoing Public Service Commission (PSC) chairman, Anthony Muchiri, has handed President William Ruto a final report calling for urgent Public Service Commission reforms. His main concern? How national and county governments hire staff.
Muchiri says County Public Service Boards have too much independence—and it’s causing real harm. Right now, many counties act like private job centers. They fill positions mostly with people from the dominant ethnic group. This isn’t just unfair—it’s illegal. So he wants the PSC to supervise inter-county transfers and enforce consistent standards. After all, a unified public service should serve all Kenyans equally.
In fact, the law already tries to stop this bias. The County Governments Act requires that at least 30% of entry-level hires come from outside the dominant community. And the National Cohesion and Integration Act caps any single ethnic group at one-third of staff. Yet many counties ignore these rules. Some even hire almost entirely from one community.
But ethnic favoritism isn’t the only problem. Muchiri also warns that other state bodies are overstepping. For example, the State Corporations Advisory Committee (SCAC) keeps handling HR for state firms—even though the High Court ruled that’s the PSC’s job. Similarly, the Salaries and Remuneration Commission (SRC) gives pay advice directly to agencies under PSC control. That bypasses the PSC as the official employer. As a result, pay structures get messy, and inequality grows.
Worse still, past laws tried to strip the PSC of its powers over the Attorney General’s office. Those powers were handed to an internal advisory board instead. Thankfully, the Employment and Labour Relations Court later struck down those changes as unconstitutional. Even so, the episode shows how easily the PSC’s role can be weakened.
Now, Parliament is taking notice. The Constitutional Implementation Oversight Committee (CIOC) recently confirmed the PSC is being sidelined. SCAC and the Inspectorate of State Corporations (ISC) keep stepping into its space—with the SRC often helping them. According to CIOC, the SRC talks directly to agencies instead of going through the PSC. That fuels unfairness and erodes accountability.
That’s why Muchiri urges quick action. He believes devolution went too far in splitting HR functions. “In hindsight,” he writes, “the Constitution should have given the PSC oversight over key county HR roles.” Doing so would cut disputes, improve talent development, and align county practices with national values.
Looking ahead, CIOC has told the PSC to work with the Attorney-General. They must fix the State Corporations Act to match the Constitution—and end overlapping mandates. Remember, the SRC’s role is only to advise on salaries. It shouldn’t run HR or set pay behind the PSC’s back.
Ultimately, these Public Service Commission reforms are about more than paperwork. They’re about fairness, unity, and effective service. Without them, counties may deepen divisions and lose public trust. And in a nation still healing from ethnic tensions, that’s a risk Kenya can’t afford.
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