CODE OF REGULATIONS PREAMBLE

REPUBLIC OF KENYA Code of Regulations

REVISED 2006 i

CODE OF REGULATIONS

PREAMBLE The Public Service is the engine for socio-economic growth of the nation and must, therefore, take a leading role in stimulating such growth. To this end, the main objective of the Public Service is to effectively support the Government of the Republic of Kenya to lead and propel the country to greater heights of economic growth and prosperity. In accomplishing this objective, public servants will be guided and inspired by a shared vision, that the Public Service will be an efficiently performing institution; committed to serving the Public with integrity and utmost courtesy and giving value to the tax payers' money.

The Code of Regulations does not purport to be exhaustive of all the rules and regulations governing public servants in their day to day activities and is to a great extent a well thought out summary of the core and significant regulations. The Code incorporates provisions of all relevant legislations which are applicable on matters of employment and all other Human Resource Management issues. In this regard, it is important to note that the Code of Regulations should be read along with the relevant Acts of Parliament, where applicable, for better understanding.

This Code is applicable to the Civil Service and will be updated from time to time to reflect the socio-economic changes in the country. Where clarification of any regulation contained in this Code is required, it should be sought from Permanent Secretary/Director of Personnel Management.

Permanent Secretary/Director, Directorate of Personnel Management, P. O. Box 30050, 00100 NAIROBI. May 2006

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CODE OF REGULATIONS

TABLE OF CONTENTS

SECTION A

SECTION B SECTION C SECTION D SECTION E SECTION F SECTION G SECTION H SECTION J SECTION K SECTION L SECTION M SECTION N SECTION O SECTION P SECTION Q SECTION R

- Organization of Government and Procedures for Conduct of Government Business

- The Public Service Commission of Kenya - Staff Negotiating Machinery - Correspondence, Publication, Printing and Inventions - Terms and Conditions of Employment - Annual Staff Appraisal Reports - Rules of Conduct - Salaries and Advances - Allowances - Transport - Housing - Medical Benefits - Leave - Terms and Conditions of Employment of Foreigners - Training and Examinations - Ceremonial: Uniforms: Dress Code - Miscellaneous.

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DEFINITION OF TERMS (i) Accounting Officer

- Means the Permanent Secretary/Head of Department appointed by the Permanent Secretary, Treasury to take full responsibility on the finances, assets and liabilities of the respective Ministry/Department.

(ii) Authorized Officer - Means (a) The Permanent Secretary who exercises supervision over the Ministry concerned or over the Ministry in which the public officer concerned holds an office, as the case may be; or (b) in the case of a Department which is not assigned to any Minister, the Head of that Department; or (c) in the case of the Kenya National Audit Office, the Controller and Auditor- General.

(iii) Basic Salary

- Means an officer's salary excluding allowances.

(iv) Bon Vacantia

- Means property not disposed off in a will and to which no next-of-kin is entitled under intestacy law e.g. where someone dies without an heir and having made no will.

(v) Children

- Means the biological offspring or legally adopted child under the age of twenty two (22) years who are unmarried and are wholly dependent on the officer. For purpose of records, the names of the children must be declared at the time of birth or adoption if it occurs during employment in the Civil Service. Copies of birth certificates or legal adoption papers will be required in either case.

(vi) Civil Servants

- Means employees of Public Service Commission of Kenya deployed in Ministries/Departments.

(vii) Code

- Means the Code of Regulations.

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(viii) Commission (ix) Extended Family (x) Immediate Family

- Means the Public Service Commission of Kenya.

- Includes the officer, spouse, children, parents, brothers and sisters of the officer.

- Includes the officer, spouse, children and the officer's parents.

(xi) Leave Year (xi) Next-of-Kin

(xii) Nuclear Family (xiii) Pro-rata (xiv) Pro tanto (xv) Public Service

(xvi) Reimbursable Allowances

(xvii) Remunerative Allowance

- Means the period commencing 1st July to 30th June of the following year.

- Means the name of the person provided by the officer for the purpose of contact during emergency and in case of death, the person assumes the role of legal administrator of the deceased estates.

- Means the officer, spouse and children.

- Means computation of benefits for the period served in relation to the full term entitlement.

- Means proportionate i.e. to that extent or for so much or as far as it goes e.g. in payment of debts.

- It incorporates the Civil Service, Disciplined Services, Teaching Service, Judiciary, Armed Forces, Local Authorities, Public Universities, Parliamentary Service Commission, State Corporations and Statutory Bodies.

- Means those allowances where an officer gets reimbursement on the expenditure incurred in the course of duty e.g. accommodation allowance, transfer allowance, etc.

- Means those allowances paid to an officer, in addition to salary as a form of compensation for additional responsibilities e.g. overtime allowance, acting allowance, special duty allowance, etc.

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(xviii) Spouse (xix) Tour of Service

- Means legal marriage partner of an officer specified under the Marriage Act or in accordance with the relevant Customary Law. The spouse must be disclosed at the time of appointment or at the time of marriage if it occurs during employment in the Civil Service.

- Means the period of employment contract in the Civil Service awarded to a foreign employee.

The Code of Regulations is formulated with due regard to gender; thus where reference is made either to `he' or `she' only, it shall be construed to mean and include reference to both `he' and `she' and where reference is made to spouse, it shall be construed to mean and include reference to both `husband' and `wife' where applicable and vice versa.

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SECTION A ORGANIZATION OF GOVERNMENT AND PROCEDURE

FOR CONDUCT OF GOVERNMENT BUSINESS INTRODUCTION Section A of the Code of Regulations is a summary of matters connected with organization of Government and procedures for conduct of Government business. It shall be read in conjunction with the Government Office Manual and the Constitution of Kenya. Where necessary, clarification on any regulation contained in this Section should be sought from the Office of the President.

(Revised 2006)

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SECTION A

ORGANIZATION OF GOVERNMENT AND PROCEDURE FOR CONDUCT OF GOVERNMENT BUSINESS

CONTENT

Regulations

Allocation of Functions to Ministries/Departments ............................................... A.1

Role of Ministers ............................................................................................... A.2

Communication by Ministers .............................................................................. A.3

Role of Assistant Ministers ................................................................................. A.4

Role of the Public Service .................................................................................. A.5

Role of the Public Service Commission of Kenya ................................................. A.6

Role of the Permanent Secretary, Secretary to the Cabinet

and Head of Public Service ................................................................................ A.7

Role of the Permanent Secretary/Director of Personnel Management ................... A.8

Role of the Permanent Secretaries/Heads of Autonomous Departments................ A.9

The Provincial Administration........................................................................... A.10

The Attorney General ...................................................................................... A.11

Absence from Headquarters............................................................................. A.12

Senior Officers on Tour ................................................................................... A.13

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