ADVOKS GLOBAL · KENYA
Public Service Commission Act
36. Criteria for appointment and promotion
Edition: 2023-12-11 · In force
36. Criteria for appointment and promotion
(1)In selecting candidates for appointment or promotions, the Commission or other lawful appointing authority shall have regard to—(a)merit, equity, aptitude and suitability;(b)the prescribed qualifications for holding in the office;(c)the efficiency of the public service;(d)the provable experience and demonstrable milestones attained by the candidate; and(e)the personal integrity of the candidate.(2)For the purposes of this section, "merit" in regard to a person means, the person—(a)has the abilities, aptitude, skills, qualifications, knowledge, experience and personal qualities relevant to the carrying out of the duties in question;(b)has potential for development; and(c)meets the criteria set out in subsection (1).(3)In making appointments or promotions, the Commission or authorized officer are bound by the constitutional principles which require that—(a)no applicant or candidate is discriminated on any ground;(b)no one gender constitutes more than two thirds of those appointed;(c)at least five percent of the appointments constitute persons with disabilities;(d)there is proportionate representation of all ethnic communities; and(e)the youth are appointed.(4)For purposes of ensuring representation of the diverse Kenyan Communities in the public service, the Commission or authorized officer shall, where necessary, adopt affirmative action measures in line with Articles 27(6) and 56(c) of the Constitution.(5)Where the Commission or other authorized officer prescribes a standard application form for submitting applications for employment, the Commission or other lawful appointing authority shall ensure that the form meets the requirements of this Act.(6)Where an expatriate is to be appointed to a position that falls within the Commission's jurisdiction, the Commission shall approve such an appointment.(7)The Commission shall approve the appointment of an expatriate only where the expertise sought is not locally available.
Case law referring to this provision