Why was this Act enacted?
To implement the provisions of Article 232 of the Constitution which deals with the values and principles of public service.
What are the Objectives of the Act? (Section 3)
This Act is meant to provide for—
Who does the Act apply to (section 4)
This Act applies to the public service including —
Who is a public officer?
“public officer” means:
VALUES AND PRINCIPLES OF PUBLIC SERVICE
What are the standards of professional ethics that a public officer should observe?
What is a professional association?
What if the public officer is a member of a professional association? (Section 5)
How should Public Officers use Public Resources? (Section 6)
A public officer shall use public resources in an efficient, effective and efficient manner.
When can it be said that Public Resources have not been properly used?
A public officer fails to use public resources in an efficient, effective and economic manner if, in the process of their usage—
How should Public Services be provided? (Section 7)
The public service shall ensure that public services are provided—
2) Every public institution shall—
Is Mwananchi entitled to timely, accurate information? (Section 8)
(1) A public officer shall not—
(a) give information that the public officer knows or ought to know to be inaccurate; or
(b) unduly delay the provision of any information where required to provide that information.
(2) The public service, a public institution or, where permitted, an authorized officer shall develop guidelines for the provision to the public of timely and accurate information, and the promotion of transparency and accountability.
(3) For the purposes of this section, "undue delay" includes a failure by a public officer to provide information within the time required in accordance with the guidelines of the public institution in which he or she serves.
Are Public Officers accountable for their for administrative acts (Section 9)
(a) keeping an accurate record of administrative acts of public servants in each public institution;
(b) requiring every public officer to maintain an accurate record of their administrative acts;
(c) maintaining a record of relevant documents prepared by a public officer; and
(d) establishing a mechanism to address complaints arising out of the administrative acts of a public officer.
Fair Appointment and Promotion of Public Officers (Section 10)
Public participation (section 11)
The public service shall facilitate public participation and involvement in the promotion of values and principles of public service.
In what ways can the public participate? (Section 11)
Public participation and involvement may be through—
(a) citizens' fora;
(b) the village councils which comprises of a village administrator and between 3 – 5 village elders competitively appointed with the County Assembly’s approval. (section 53 of the County Governments Act, 2012 (No. 17 of 2012);
(c) elected leaders such as members of the County Assembly, National Assembly, Senate and such other elective positions.
Aside from the provisions of section 11 of this Act, the rights and duties of residents specified in the Second Schedule to the Urban Areas and Cities Act, 2011, are also applicable. These are provisions on the rights of and participation by residents in affairs of their city or urban area.
Can Mwananchi Participate in Public Policy Making? (section 12)
The public service is required to develop guidelines for the involvement of the people in policy-making.
The guidelines developed should ensure that the public is given—
Complaints Procedure (section 13)
Who can you report a complain to?
How is a complaint made? (Section 13 (2))
A person who makes a complaint under this section against a public officer may do so:
What happens when a complaint is made?
Where a person makes a complaint to a service Commission, that service Commission shall—
What happens if your complaint is not acted on?
If after three months a service commission has not investigated and determined a complaint, the officer responsible for handling the complaint shall give the complainant satisfactory reasons, in writing, for noncompliance.
Appropriate disciplinary action shall be taken against any officer who is found to have unreasonably delayed in handling a complaint made to the service commission.
A person aggrieved by the decision of a service Commission may seek judicial redress by going to Court.
How are complaints recorded? (section 14)
Each service Commission shall keep and maintain a register of complaints made against public officers and shall, upon request by a complainant, allow the complainant to inspect the register to verify details relating to his or her complaint.
Can you also give Compliments for good service? (Section 15)
Are the Values and Principles of the Public Service Monitored? (section 16)
Once in every year, each service Commission shall prepare a report on the status of the promotion of the values and principles of public service. The report is presented to the President and Parliament, and the Governor and county assembly, where relevant, by 31st December of each year.
The report shall provide information on—
(a) the measures taken to promote the values and principles of public service;
(b) the progress achieved in the promotion of values and principles of public service;
(c) the challenges faced in the promotion of values and principles of public service;
(d) any recommendations for the progressive realization of values and principles of public service; and
(e) any other matter that may be relevant to the realization of the values and principles of public service.
How can each Service Commission implement the provisions of this Act? (Section17)
Each service Commission may make regulations for the better carrying into effect of this Act
including regulations regarding—
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