Brief History of PSCK

The Public Service Commission of Kenya is a body created under chapter VIII of the Constitution of Kenya. It is an independent state organ which does not fall under the Executive, legislature or Judiciary. Its independence in the exercise of its Constitutional powers is clearly guaranteed under the Constitution thus: “The Commission shall, in the exercise of its functions, under this constitution not be subjected to the direction or control of any other person or authority”. The history of the Public Service Commission of Kenya dates back to 1947 when the colonial government set up the Holmes Salaries Commission to "review the structure, remuneration and superannuation arrangements of the Civil Services in East African territories". The Holmes Salaries Commission recommended that public service commissions be set up for each of the East African territories.

The Public Service Commission of Kenya was set up in 1954 with a mandate 'to advise on the appointment of candidates to posts in the Civil Service in cases where the approval of the Secretary of State was not required.' It was subsequently enshrined in the constitution at independence by the Kenya Order in Council of 1963   The new Constitution which was meant for a federal state, provided for regional public service commissions and a national public service commission. The mandate of such commissions was stated thus: "subject to the provisions of the Constitution, the power to appoint persons to hold or act in the public service of the Government of Kenya (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons shall vest in the Public Service Commission of the Government of Kenya and the corresponding powers in relation to offices in the public service of a Region shall vest in the Public Service Commission of the Region".

The Kenya Independence Order in Council 1963, which repealed parts of the Kenya Order in Council 1963, established only ONE Public Service Commission whose mandate was stated as follows: " the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission."  The remit of the Commission was further widened through the enactment of two constitutional amendments in 1964 and 1984.

The Constitution of Kenya (Amendment) Act, 1964 allowed the Commission to delegate any of its powers, on such conditions as it deemed fit, to any one or more of its members or to any officer in the Public Service. It also introduced a provision in the constitution for Parliament to prescribe through enactment, the manner of the exercise of the functions of the Commission, and for any matters incidental or supplementary to the exercise of those functions. The Constitution of Kenya (Amendment) Act, 1984 again expanded the powers of the Commission by bringing the local authorities under its purview.