Code of Regulation

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Kenya Revised Code of Regulation 2006
Uploaded bysise1 Date uploadedon Mar 06, 2011
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REPUBLIC OF KENYA Code of Regulations REVISED 2006

ii
CODE OF REGULATIONSPREAMBLE
The Public Service is the engine for socio-economic growth of the nation and must,therefore, take a
leading role in stimulating such growth. To this end, the mainobjective of the Public Service is to
effectively support the Government of theRepublic of Kenya to lead and propel the country to greater
heights of economicgrowth and prosperity. In accomplishing this objective, public servants will beguided
and inspired by a shared vision, that the Public Service will be an efficientlyperforming institution;
committed to serving the Public with integrity and utmostcourtesy and giving value to the tax payers’
money.The Code of Regulations does not purport to be exhaustive of all the rules andregulations
governing public servants in their day to day activities and is to a greatextent a well thought out
summary of the core and significant regulations. TheCode incorporates provisions of all relevant
legislations which are applicable onmatters of employment and all other Human Resource Management
issues. In thisregard, it is important to note that the Code of Regulations should be read alongwith the
relevant Acts of Parliament, where applicable, for better understanding.This Code is applicable to the
Civil Service and will be updated from time to time toreflect the socio-economic changes in the country.
Where clarification of anyregulation contained in this Code is required, it should be sought from
PermanentSecretary/Director of Personnel Management.Permanent Secretary/Director,Directorate of
Personnel Management,P. O. Box 30050,
00100 NAIROBI
May 2006
ii
CODE OF REGULATIONSTABLE OF CONTENTSSECTION A -
Organization of Government and Procedures for Conductof Government Business
SECTION B -
The Public Service Commission of Kenya
SECTION C -
Staff Negotiating Machinery

SECTION D -
Correspondence, Publication, Printing and Inventions
SECTION E -
Terms and Conditions of Employment
SECTION F -
Annual Staff Appraisal Reports
SECTION G -
Rules of Conduct
SECTION H -
Salaries and Advances
SECTION J -
Allowances
SECTION K -
Transport
SECTION L -
Housing
SECTION M -
Medical Benefits
SECTION N -
Leave
SECTION O -
Terms and Conditions of Employment of Foreigners
SECTION P -
Training
and Examinations
SECTION Q -
Ceremonial: Uniforms: Dress Code
SECTION R -
Miscellaneous.
DEFINITION OF TERMS
(i)
Accounting Officer -
Means the Permanent Secretary/Head ofDepartment appointed by the PermanentSecretary, Treasury to

take full responsibilityon the finances, assets and liabilities of therespective Ministry/Department.(ii)
Authorized Officer -
Means -(a)
The Permanent Secretary whoexercises supervision over theMinistry concerned or over theMinistry in
which the public officerconcerned holds an office, as thecase may be; or(b)
in the case of a Department whichis not assigned to any Minister, theHead of that Department; or(c)
in the case of the Kenya National Audit Office, the Controller and Auditor- General.(iii)
Basic Salary -
Means an officer’s salary excluding allowances. (iv)
Bon Vacanti -
Means property not disposed off in a will and to which no next-of-kin is entitled under intestacy law e.g.
where someone dies without an heir and having made no will.(v)
Children -
Means the biological offspring or legally adopted child under the age of twenty two (22) years who are
unmarried and are wholly dependent on the officer. For purpose of records, the names of the children
must be declared at the time of birth or adoption if it occurs during employment in the Civil Service.
Copies of birth certificates or legal adoption papers will be required in either case.(vi)
Civil Servants -
Means employees of Public Service Commission of Kenya deployed in Ministries/Departments.(vii)
Code -
Means the Code of Regulations.

2
(viii)
Commission -
Means the Public Service Commission of Kenya. (ix)
Extended Family -
Includes the officer, spouse, children, parents, brothers and sisters of the officer. (x)
Immediate Family -
Includes the officer, spouse, children and the officer’s parents. (xi)
Leave Year -
Means the period commencing 1st July to 30th June of the following year.(xi)
Next-of-Kin -
Means the name of the person provided by the officer for the purpose of contact during emergency and
in case of death, the person assumes the role of legal administrator of the deceased estates.(xii)
Nuclear Family -
Means the officer, spouse and children. (xiii)
Pro-rata -
Means computation of benefits for the period served in relation to the full term entitlement. (xiv)
Pro tanto -
Means proportionate i.e. to that extent or for so much or as far as it goes e.g. in payment of debts. (xv)
Public Service -
It incorporates the Civil Service, DisciplinedServices, Teaching Service, Judiciary, ArmedForces, Local
Authorities, Public Universities,Parliamentary Service Commission, StateCorporations and Statutory
Bodies.(xvi)
Reimbursable Allowances-
Means those allowances where an officer getsreimbursement on the expenditure incurredin the course
of duty e.g. accommodationallowance, transfer allowance, etc.(xvii)
Remunerative Allowance-
Means those allowances paid to an officer, inaddition to salary as a form of compensationfor additional
responsibilities e.g. overtimeallowance, acting allowance, special dutyallowance, etc.
3
(xviii)
Spouse -
Means legal marriage partner of an officerspecified under the Marriage Act or inaccordance with the
relevant Customary Law.The spouse must be disclosed at the time ofappointment or at the time of
marriage if itoccurs during employment in the CivilService.(xix)
Tour of Service -
Means the period of employment contract inthe Civil Service awarded to a foreignemployee.The Code
of Regulations is formulated with due regard to gender; thus wherereference is made either to ‘he’ or
‘she’ only, it shall be construed to mean andinclude reference to both ‘he’ and ‘she’ and where
reference is made to spouse, itshall be construed to mean and include reference to both ‘husband’ and
‘wife’ whereapplicable and vice versa.
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SECTION AORGANIZATION OF GOVERNMENT AND PROCEDUREFOR CONDUCT OF GOVERNMENT

BUSINESSINTRODUCTION
Section A of the Code of Regulations is a summary of matters connected withorganization of

Government and procedures for conduct of Government business. Itshall be read in conjunction with
the Government Office Manual and the Constitutionof Kenya. Where necessary, clarification on any
regulation contained in this Sectionshould be sought from the Office of the President.
(Revised 2006)
2
SECTION AORGANIZATION OF GOVERNMENT AND PROCEDUREFOR CONDUCT OF GOVERNMENT

BUSINESSCONTENT Regulations
Allocation of Functions to Ministries/Departments...............................................A.1Role of

Ministers...............................................................................................A.2Communication by
Ministers..............................................................................A.3Role of Assistant
Ministers.................................................................................A.4Role of the Public
Service..................................................................................A.5Role of the Public Service Commission of
Kenya .................................................A.6Role of the Permanent Secretary, Secretary to the Cabinetand
Head of Public Service................................................................................A.7Role of the Permanent
Secretary/Director of Personnel Management...................A.8Role of the Permanent Secretaries/Heads
of Autonomous Departments................A.9The Provincial
Administration...........................................................................A.10The Attorney
General......................................................................................A.11 Absence from
Headquarters.............................................................................A.12Senior Officers on
Tour...................................................................................A.13
SECTION AORGANIZATION OF GOVERNMENT AND PROCEDURE FORCONDUCT OF GOVERNMENT

BUSINESS Allocation of functions to Ministries/Departments
A.1
The allocation of functions to Ministries/Departments is as set out inPresidential Circulars which are
issued to the Service from time to time.
Role of Ministers
A.2
Ministers are the political heads and are responsible for the policy direction,co-ordination and overall
supervision of the Ministries/Departments for which theyare responsible. This includes general policy
formulation, guidance andimplementation.
Communication by Ministers
A.3 (1) Ministers will communicate directly with the President by minutes,letters or verbally, as may be
appropriate. They may see him by arrangementwhenever they wish to do so. Ministers should inform
the President at the earliestpossible opportunity of any important event connected with the
administration offunctions of Government allocated to them.(2) Ministers will normally communicate
with one another on officialmatters by letters, and not by passing files.(3) Ministers will normally
communicate with their respective PermanentSecretaries by minutes or orally.(4) Ministers will
normally communicate with Heads ofDepartments/Parastatals under their control by minutes or orally
through theirrespective Permanent Secretaries.(5) If a Minister wishes to communicate with a
department not fallingwithin his portfolio, he will do so through the appropriate Minister and not
directly.
(6) A Minister will communicate with officials of departments under hisgeneral control through the
appropriate Permanent Secretary/Head of Department,as the case may be and not direct except in such
matters of daily routine as mayrequire direct communication, or when special circumstances so require.
In suchcases, if any important decisions or directions are involved, the Minister concernedshould also
confirm his instructions direct to the Permanent Secretary/Head ofDepartment as soon as possible.(7)
Ministers may communicate directly with Provincial Commissioners.
Role of Assistant Ministers
A.4
Assistant Ministers will assist Ministers on parliamentary and political business.They will be expected to
execute any duties that may be assigned to them in writingby their Ministers and must also cultivate the
closest working relationship withMinisters and Permanent Secretaries in their respective Ministries.
Role of the Public Service
A.5
The Public Service shall be responsible for implementation of Governmentpolicies and programmes. It
will so far as possible be insulated from politics.
Role of the Public Service Commission of Kenya
A.6 The Public Service Commission of Kenya is the authority responsible forappointments, promotions,
discipline, examinations and occupational tests in theCivil Service and Local Authorities unless otherwise
expressly provided or exceptwhere powers are delegated to Authorized Officers.
Role of the Permanent Secretary, Secretary to the Cabinet and Head of thePublic Service
A.7
The Permanent Secretary, Secretary to the Cabinet and Head of the PublicService is responsible to the
President for the administration of the Public Service.
Role of the Permanent Secretary/Director of Personnel Management
A.8
The Permanent Secretary/Director of Personnel Management is the principaladvisor to the Government

on human resource management policies applicable inthe Public Service.
Role of Permanent Secretaries/Heads of Departments
A.9
(1)
Permanent Secretaries/Heads of Departments are responsiblefor:(i) efficient management of the day to

day operations andadministration of human resources in their respectiveMinistries;(ii) Efficient
utilization of funds and other Governmentresources placed at their disposal by Parliament; and(iii)
Giving effect to lawful directives of Ministers and keepingthem informed of all important activities and
events connected
with their respective Ministries.(2) Permanent Secretaries/Heads of Departments should also seek
adviceand guidance from their respective Ministers before taking decisions on importantpolicy matters.
The Provincial Administration
A.10
(1) It is the responsibility of the Provincial Administration to coordinateimplementation of Government

Policies and programmes carried out in the Provincesand Districts. A Provincial Commissioner has
varying responsibilities to everyMinister and a special responsibility to the President for coordinating
and guiding allGovernment activities in a Province.(3) The District Commissioner is the overall co-
ordinator of all thedevelopment activities in the district. As Chairman of the District
DevelopmentCommittee, it is his responsibility to ensure that officers in-charge of planning, co-
ordination and implementation of projects execute their obligations in an effectiveand efficient manner.
The Attorney General
A.11 (1) The Attorney General is the Principal legal adviser to the Government.His responsibilities are
therefore to ensure that Ministries/Departments are givenappropriate legal advice on all legal matters
where it is needed and requested for.In particular, rules, regulations and by-laws, should always be
submitted for scrutinyby the Attorney General and in cases of particular difficulty, the Attorney
Generalmay be required to draft the legal document.
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Kenya Revised Code of Regulation 2006

Uploaded bysise1 Date uploadedon Mar 06, 2011

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REPUBLIC OF KENYA Code of Regulations REVISED 2006