Public Service (Values and Principles) Act

10. Fair competition and merit as the basis of appointments and promotions

Edition: 2022-12-31 · In force

10. Fair competition and merit as the basis of appointments and promotions

(1)The public service, a public institution or an authorised officer shall ensure that public officers are appointed and promoted on the basis of fair competition and merit.

(2)Despite subsection (1), the public service may appoint or promote public officers without undue reliance on fair competition or merit if—

(a)a community in Kenya is not adequately represented in appointments to or promotions in the public service or in a public institution;

(b)the balance of gender in the public service or in a public institution is biased towards one gender;

(c)an ethnic group is disproportionately represented in the public service or in a public institution; or

(d)persons with disabilities are not adequately represented in the public service or in a public institution.

(3)Each public institution or each authorised officer shall develop a system for the provision of relevant information that promotes fairness and merit in appointments and promotions.

Case law referring to this provision

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Source: Kenya Law