The Public Service Commission (PSC) is conducting public participation on two important draft regulations – Affirmative Action Regulations 2024 and Removal of the Director of Public Prosecutions (DPP) Regulations 2024.
PSC in a statement on Tuesday, April 9, 2024, notified Kenyans about the two draft regulations and their need to submit views.
“The Public Service Commission, pursuant to the provisions of Section 48, 76 and 92 of the Public Service Commission Act, 2017, has developed Draft Public Service Commission (Affirmative Action) Regulations, 2024 and Reviewed the Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2024,” PSC said in a notice.
PSC further explained that the Affirmative Action Draft Regulations is aimed at giving effect to the Constitutional requirement regarding inclusivity in terms of gender, Kenya’s diverse communities, persons with disabilities and the youth in the public service.
The Commission additionally said that the Reviewed Draft Regulations on DPP removal will provide a framework for consideration of petitions for the removal of the Director of Public Prosecutions.
“On the other hand, the Reviewed Draft Regulations on Removal of the Director of Public Prosecutions is as provided for under Article 158 of the Constitution and will provide a framework for consideration of petitions for the removal of the Director of Public Prosecutions,” PSC said.
The Commission asked stakeholders and the public in general to submit their views through written memoranda on the two Regulations on or before April 16, 2024.
“Written Memoranda may be sent to the Secretary, Public Service Commission, P 0 Box 30095-00100, Nairobi; hand-delivered to the Public Service Commission, Commission House, Harambee Avenue, or emailed to the [email protected] and, or [email protected] to be received on or before Friday, 26th April, 2024,” PSC said.
The Draft Affirmative Action Regulations 2024 and Removal of the Director of Public Prosecutions (DPP) Regulations 2024 can be accessed on the PSC website.
DPP removal
A person desiring the removal of the Director of Public Prosecutions must present a written petition to the PSC, setting out facts constituting the grounds for the removal.
The Commission is mandated to go through the petition and if it is satisfied that it meets the set conditions for the removal of DPP, then the petition is forwarded to the President for action.
Under the current regulations, the DPP may be removed from office only on the grounds of; inability to perform the functions of office arising from mental or physical incapacity, non-compliance with Chapter Six of the Constitution (leadership and Integrity), bankruptcy, incompetence and gross misconduct or misbehaviour.
