ADVOKS GLOBAL · KENYA
Public Service Commission Act
42. Secondment
Edition: 2023-12-11 · In force
42. Secondment
(1)The authority to second a public officer shall vest in the Commission and shall be carried out on the request of an authorised officer or a public officer.(2)Unless there is an agreement to the contrary, the public body or the organization to which a public officer is seconded shall bear all the costs, remuneration, allowances and other benefits due to the officer during the period of secondment.(3)Where it is no longer necessary for a public officer on secondment to remain seconded and the secondment period has not lapsed, the public officer shall be entitled to revert to the public office held before the secondment.(4)The Commission shall not approve secondment of a public officer, if—(a)the public officer to be seconded has not served in the public service for at least three consecutive years after the initial appointment;(b)the public body or organization to which the public officer is to be seconded presents a conflict of interest with the public office held by the public officer or the core functions of the public body in which the public officer is employed;(c)the public officer may be exposed to undesirable experience in view of the core functions of the organization to which the public officer is to be seconded ; or(d)the secondment, if permitted, would bring the public service or the public officer into disrepute.(5)An authorised officer or other lawful authority shall not approve a request for secondment unless the Commission has approved the secondment in writing.(6)The period of secondment shall vary from case to case depending on the overall assessment under this Act but shall not in any case exceed the prescribed period:Provided that a public officer who intends to remain on secondment after the expiry of six consecutive years, shall retire from the public service with accrued retirement and other terminal benefits in accordance with the relevant law or agreement.