ADVOKS GLOBAL · KENYA
Public Service Commission Act
41. Confirmation of appointment
Edition: 2023-12-11 · In force
41. Confirmation of appointment
(1)Where it is necessary to appoint a public officer on probationary terms before confirmation of appointment, the probationary period shall not exceed six months but may be extended, with the consent of the public officer, for a further period of not more than six months.(2)The probationary period of service shall not be extended except on account of—(a)affording the public officer further opportunity to fulfil a condition for confirmation of appointment prescribed in writing prior to the appointment of the public officer; or(b)affording the public officer an opportunity to improve with respect to any matter in which the public officer's work or conduct have been adversely reported on.(3)An authorized officer or the Commission shall, where it is necessary to extend a probationary period—(a)notify the affected public officer of the intended extension at least thirty days before the expiration of the probationary period; and(b)give reasons for the intended extension.(4)Where the affected public officer is not notified in accordance with subsection (3), or where the authorized officer has failed to confirm the appointment of the public officer who was initially appointed on probationary terms and the probationary period has lapsed, the officer shall stand confirmed in appointment upon the expiry of the probationary period.(5)The period served on probationary terms shall be taken into account when computing the period of service for the purpose of payment of pension benefits, gratuity or any other terminal benefits.(6)Appointment on probationary terms shall only apply to a person appointed from outside the public service and shall not apply to any person already employed in the service of the county governments, the national government or any public body.