PSC (State Corporations & Public Universities) (Disciplinary Appeals Procedures) 2025: A Comprehensive Guide for Public Officers in Kenya

Table of Contents

1. What Are the PSC Disciplinary Appeals Procedures (2025)?

   
   

2. Legal Framework & Governing Principles

   
   

3. Who Is Covered: State Corporations and Public Universities

   
   

4. When and How to File an Appeal

   
   

5. Service, Pleadings & Response Process

   
   

6. Interim Applications & Preliminary Objections

   
   

7. Hearings: Format, Notice & Accommodations

   
   

8. Determination of Appeals: Decisions & Remedies

   
   

9. Review of a Commission Determination

   
   

10. Enforcement of Commission Decisions

    
    

11. Procedural Safeguards & Participants’ Rights

    
    

12. Key Deadlines and Timelines

    
    

13. Practical Tips for Appellants

    
    

14. Recent Precedents & Case Law

    
    

15. FAQs

1. What Are the PSC Disciplinary Appeals Procedures (2025)?

The Public Service Commission (PSC) (State Corporations & Public Universities) (Disciplinary Appeals Procedures) Regulations, 2025 set out how public officers employed by state corporations or public universities can appeal disciplinary decisions to the PSC. These regulations replaced the earlier 2024 regime.

2. Legal Framework & Governing Principles

• The regulations derive authority from sections 74 and 75 of the Public Service Commission Act, 2017.

  
  

• The PSC must apply:

  
  

  • Constitutional values (Article 10 – national governance; Article 232 – public service values)

    
    

  • The rules of natural justice and fair administrative action, including timely disposal

    
    

  • Substantive justice over technicalities

    
    

• The PSC retains inherent powers to issue directions to secure fairness, prevent abuse, and promote expeditious resolution

  
  

• Mediation or conciliation is explicitly provided: the Commission may refer an appeal for negotiation, to be concluded within 60 days

3. Who Is Covered: State Corporations and Public Universities

• State corporations are legal entities defined under the State Corporations Act (Cap. 446)

  
  

• Public universities are state owned universities chartered under the Universities Act, including constituent colleges

  
  

• Any public officer in these institutions who is subject to disciplinary control is eligible to appeal

4. When and How to File an Appeal

• Internal remedies first: Exhaust internal disciplinary processes before going to the PSC

  
  

• Deadline: Submit the appeal within 90 days from the disciplinary decision date

  
  

• Late filing: PSC may grant leave for late appeals if there are justified reasons

  
  

• Form: Use Form A as per the Schedule in the Regulations, including:

  
  

  • Personal details (name, date of birth, designation, job group)

    
    

  • Grounds of appeal, facts in support, and documents

    
    

  • Prayers sought

    
    

  • Contact information (address, email, phone)

    
    

• Representation: You may represent yourself or use a representative (e.g., trade union rep)

5. Service, Pleadings & Response Process

• Serve the appeal on the respondent (state corporation or university)

  
  

• File an affidavit of service within 7 days

  
  

• Respondent files a response within 21 days

  
  

• Service of response on appellant within 7 days

  
  

• Appellant may file a rejoinder within 7 days

  
  

• Proof of service must be filed by both parties

6. Interim Applications & Preliminary Objections

• Interim applications: Parties may apply for directions or orders (e.g., stay of action)

  
  

  • Serve the application within 7 days; responses within 7 days

    
    

  • Commission decides within 30 days

    
    

• Preliminary objections: Parties may raise legal points before the appeal is finally heard

  
  

  • Written objection served within 7 days; responses within 7 days

    
    

  • Decision on the objection within 30 days

7. Hearings: Format, Notice & Accommodations

• Hearing committee may conduct hearings; recommendations go to full Commission

  
  

• Mode: In person or written submissions as directed

  
  

• Notice: At least 7 days before hearing date

  
  

• Submissions:

  
  

  • Appellant: 14 days

    
    

  • Respondent: 14 days after service

    
    

  • Supplementary submissions by appellant: 7 days

    
    

• Special needs: Notify PSC at least 3 days before hearing

  
  

• Non attendance: Commission may adjourn or proceed

8. Determination of Appeals: Decisions & Remedies

• PSC must decide within 60 days of hearing or submissions

  
  

• Outcomes may include:

  
  

  • Uphold, set aside, or vary the decision

    
    

  • Order reinstatement, compensation, or correction of process

    
    

  • Recommend disciplinary action against mishandling officers

9. Review of a Commission Determination

• Apply for review within six months from the date of decision

  
  

• Grounds: new material facts or error apparent on the face of the record

  
  

• Use Form C; serve the respondent within 7 days; response within 7 days

  
  

• PSC decision within 60 days

10. Enforcement of Commission Decisions

• If a respondent fails to implement a PSC decision, a public officer may apply to the Employment and Labour Relations Court for enforcement

  
  

• Judicial review may be sought if the review decision is unsatisfactory

11. Procedural Safeguards & Participants’ Rights

• Right to be heard: Present your case in person

  
  

• Representation: Self, representative, or advocate

  
  

• Interpreter services available if needed

  
  

• Access to information: Parties can request documents from PSC, state corporations, or universities

  
  

• Record keeping: PSC maintains records; copies can be requested

12. Key Deadlines and Timelines

Stage	Timeline
Filing appeal	Within 90 days
Service of appeal	Immediately; affidavit within 7 days
Respondent response	21 days
Rejoinder by appellant	7 days
Interim application response	7 days; decision 30 days
Preliminary objection response	7 days; decision 30 days
Hearing notice	7 days before hearing
Written submissions by appellant	14 days
Written submissions by respondent	14 days
Supplementary submissions	7 days
Commission decision	60 days
Review application	6 months
Decision on review	60 days

13. Practical Tips for Appellants

• Prepare early to meet the 90 day window

  
  

• Gather evidence from internal hearings and correspondence

  
  

• Complete Form A exactly as required

  
  

• Serve promptly and file affidavit of service

  
  

• Consider mediation early

  
  

• Use legal or union representation for complex cases

  
  

• Notify PSC for any special accommodations

  
  

• Track your case and follow up to avoid delays

  
  

• Enforce favorable decisions promptly

14. Recent Precedents & Case Law

• Recent PSC appeals illustrate application of sections 74 and 75 and demonstrate PSC’s approach to procedural fairness, evidence, and remedies

15. FAQs

Q1: Can I appeal directly to the PSC without using my employer’s internal grievance process?No. You must exhaust internal disciplinary mechanisms first.

Q2: What happens if I miss the 90 day appeal window?

PSC may grant leave for late appeals if good cause is shown.

Q3: Does the appeal process delay my disciplinary sanction?

Not automatically; disciplinary action may continue unless stayed.

Q4: Can the PSC change my employer’s decision?

Yes. PSC may confirm, vary, or set aside decisions and order remedies.

Q5: If PSC rules in my favor but the employer refuses, what can I do?

Apply to the Employment and Labour Relations Court to enforce the PSC decision.

Q6: What if PSC made a legal error or there’s new evidence?

Apply for review within six months citing new facts or legal error.

Q7: Can parties represent themselves or must they use lawyers?

You may self represent, use a representative, or hire an advocate at your cost.

Q8: Does the PSC publish its decisions?

Yes, PSC maintains a database of published appeal decisions.

To learn more, see the Public Service Commission (State Corporations and Public Universities) (Disciplinary Appeals Procedures) Regulations, 2025

PSC (State Corporations & Public Universities) (Disciplinary Appeals Procedures) 2025: A Comprehensive Guide for Public Officers in Kenya