kenya: rationalization of the civil service

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KENYA: RATIONALIZATION OFTHE CIVIL SERVICE

by

John Thinguri Mukui

Paper prepared for the Friedrich Naumann Stiftung, asbackground paper to the Blueprint for a New Kenya: Post

Election Action Programme (PEAP), Nairobi, Kenya

September 1992


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KENYA: RATIONALIZATION OF THE CIVIL SERVICE

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INTRODUCTION

1. Kenyas civil service can be separated into three main groups: ministries, non-ministerial departments, and advisory committees. There are currently twenty nineministries, six non-ministerial departments (Office of the Attorney General, Judiciary,Public Service Commission, Exchequer and Audit Department, Auditor-General(Corporations) Department, and the National Assembly), and a host of advisory committeescovering functions such as music and water conservation. The proliferation of ministrieshas been mainly due to overspecialization and duplication. The specialization has comeabout by declaring departments of ministries as separate ministries, e.g. the Ministry ofManpower Development and Employment was carved out of the Ministry of Labour.

2. The advisory committees duplicate the roles of ministries. For example, the

permanent Presidential Commission on Soil Conservation and Afforestation duplicates theMinistry of Environment and Natural Resources; the permanent Presidential Commissionon Water Conservation duplicates the Ministry of Water; and the permanent PresidentialCommission on Music duplicates the Ministry of Culture and Social Services. The regionaldevelopment authorities also duplicate a number of line ministries operating in their areasof jurisdiction.

IMPLICATIONS

3. The proliferation of Ministries has created three major problems. First, since a newministry creates new layers of staff, each new ministry increases Government employment.For example, the Ministry will have a Minister, assistant minister(s), a permanent secretary,and a host of other layers that would otherwise not have been necessary when theministerial functions were performed by a department of the mother ministry. In addition,there is duplication of functions between ministries, which leads to duplication of technicalstaff. This has contributed to massive growth of the size of Government, especially in the1980s.

4. Secondly, the increase in employment as a result of proliferation of ministries hasput pressure on the budget. The increased pressure on the budget has been due to increases

in personnel emoluments and acquisition of new offices and office equipment for the newministries. Currently, personnel emoluments take over 70 percent of the recurrent budget,thereby crowding out the budget for nonwage Operations and Maintenance (O&M). Theshortage of requisite support services reduces efficiency in delivery of public services. That

1This was a background paper for Blueprint for a new Kenya: Post Election Action Programme,

published by the Friedrich Naumann Stiftung in 1992. The Post Election Action Programme(PEAP) was written towards the 1992 multiparty election campaign by a group of Kenyan expertsout to arrest the countrys decline. The PEAP program was based on a short-term horizon of thefirst 100 days of government and beyondin an attempt to spell out a range of viable options and

actions for consideration by the postelection parliament and government.


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gives the common scenario of doctors without syringes, teachers without chalk, andveterinary officers without insemination equipment and transport.

5. Thirdly, overlap of functions and responsibilities has contributed to decline inefficiency of the public service, increased the cost of doing business for the private sector

agents who interact with those public institutions, and created conflict and problems ofhorizontal coordination between ministries. The decline in efficiency of the civil service ismainly due to spreading the budget too thinly (thereby eroding the implementationcapacity of each of the overlapping units) and lack of accountability for inaction as oneGovernment agency can always pass the buck on another agency performing similarfunctions.

6. For private sector operators, the problems created by overlap of functions ofministries is best illustrated by an agricultural investor in a semi-arid area, who would berequired to deal with six ministries: Agriculture; Reclamation and Development of Arid,Semi-Arid Areas and Wastelands; Livestock Development; Water Development;

Cooperative Development; and Supplies and Marketing, in addition to the localadministration and the district development committee. In addition, there may be conflictof advice e.g. for the private farmer who is visited by different extension agents. Suchextension agents will also not take into consideration conflict in land use patterns between,say, crops and livestock, as each extension agent will be mainly interested in increasing theproduction of crops or livestock he gives extension services on.

MAJOR CAUSES OF THE PROBLEM

7. The major causes of the problem of proliferation of ministries are (a)overspecialization, (b) to increase the relative size of the front bench in Parliament so as tofacilitate passing of Government-sponsored bills, and (c) political patronage i.e. creating aministry because there is a potential minister rather than because of the additional servicesthe new ministry would provide. The advisory committees and regional developmentauthorities seem to have a purely budgetary agenda. Since they rarely serve the wholecountry, they facilitate regional redistribution of public resources without being seen toalter budgetary allocations by regions.

RATIONALE FOR POLICY REFORM

8. The rationale for policy reform will be:

a) To create a leaner organizational structure with fewer ministries, departments andboards, in an effort to create a clearer division of labor and good mechanisms forcoordination;

b) To reduce the overall budget: The increased government spending has increasedgovernment borrowing and crowded out the private sector of resources;

c) Increase productivity: Reduction in the size of government would release resourcesto nonwage operations and maintenance, and thereby increase efficiency in delivery


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of public services. The main causes of low productivity have been overlap offunctions, the low share of nonwage O&M, and low civil service salaries;

d) To reduce pressure on the balance of payments: High government expenditure leadsto increased government borrowing and government imports, thereby creatingmacroeconomic instability by increasing pressure on the balance of payments; and

e)

To divest government from those functions that would be better handled by theprivate sector.

OPTIONS FOR EMERGENCY ACTION

9. The broad immediate agenda should be (a) reorganization of ministries by broadfunctions, (b) cutting down ministries, departments, advisory committees and regionaldevelopment authorities to remove functional overlap, (c) eliminating functions that maybest be handled by the private sector, and (d) reducing concentration of power in the Officeof the President. Due to the complexity of the current organization of government, it would

be difficult to give prescriptions recommending that a particular ministry merge withanother ministry. The approach taken in this paper is to take the broad function, give it aministerial title, and specify the functions or departments that come under the ministry. Inthis way, some existing ministries might have their roles moving to more than oneministry.

10. There are a several points to note:

a)

Research institutions should be coordinated by their respective sector ministries;b)

The Central Bureau of Statistics and the National Council for Population and

Development should report to the Ministry of Planning and National Developmentbut have their own votes and authority to incur expenditure;c) The Ministry of Defence would be a separate ministry in order to deconcentrate

power from the Office of the President;d) The offices of the Government Chemist and Government Pathologist should be

moved from the Office of the President to Ministry of Health, to provideprofessionalism in the conduct of public enquiries;

e)

An Office of the Ombudsman should be created; andf) An Office of the Auditor General (Local Authorities) should be added so as to

enhance accountability in local authorities. This issue need to be discussed further inlight of the fact such audit services could be provided by the private sector.

11. The paper proposes a reduction of the number of ministries from 29 to 21. However,the paper also suggests that further reduction in the number of ministries is possible. Forexample, the proposed Ministry of Water Development and Ministry of Tourism andWildlife could be transferred to the proposed Ministry of Environment and NaturalResources; and the proposed Ministry of Culture and Social Services could be a departmentof the Ministry of Home Affairs and Internal Security. This would reduce the ministries toeighteen, namely, Office of the President, and ministries of Home Affairs and InternalSecurity; Finance; Environment and Natural Resources; Lands and Housing; Planning andNational Development; Transport, Public Works and Communications; Energy; LocalGovernment; Foreign Affairs; Commerce and Industry; Agriculture and Livestock


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Development; Health; Cooperative Development; Labor; Education; Information andBroadcasting; and Defence.

12. The reduction in the number of ministries can be implemented in the short-term,i.e. within the first hundred days. The dissolution of regional development authorities and

advisory committees created by Acts of Parliament should be handled by repealing therespective laws that created them. However, in the short term, the advisory committeescould have their functions transferred to the respective functional/sector ministry awaitingthe official dissolution through Parliament.

13. In the appointment of new office holders for the new ministries, the criteria shouldbe merit. The current office bearers in the top layer are either incompetent and/or havebeen placed in posts which do not correspond with their professional background andworking experience. Care should however be taken to identify suitable middle layertechnical staff, as they will play a crucial role in providing continuity.

14. In the short term, all the actions proposed above can be undertaken. However, sincethe creation of the Office of the Ombudsman and the Auditor General (Local Authorities)require legislative changes, they can be proposed in the short term awaiting the drafting ofbills for presentation in Parliament.

CONSTRAINTS ON IMPLEMENTATION

15. The main constraint on implementation will be political will. Regardless of whichpolitical party wins, there will be disposition towards rewarding supporters by creating new

ministries. This can be guarded against through broad acceptance of the reform agenda.

16. The second major constraint is the possibility of vested interests in, say, regionaldevelopment authorities serving the new centers of political power.

17. The financial costs of undertaking the reorganization of the structure ofGovernment would be fairly low, and short term costs would be offset by budgetary gainsin the first year after the reform package has been implemented. The major cost would bethe benefit package for the technical staffs who would be declared redundant by mergingdepartments or ministries. However, the technical staffs would be moved to ministries withshortages of those cadres of staff. Therefore, the main cost would only be the benefits

package for the low cadres of staff, who will, of necessity, be declared redundant.

PROPOSED ORGANIZATION OF GOVERNMENT

MINISTRIES

1. Function: Responsibilities that cut across ministriesMinistry: Office of the PresidentFunctions/departments:


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State HouseCabinet OfficeProvincial AdministrationDirectorate of Personnel ManagementGovernment Printer

[The possibility of abolishing the provincial administration should be discussed]

2. Function: Home Affairs and Internal SecurityMinistry: Ministry of Home Affairsand Internal SecurityFunctions/departments:

PolicePrisonsImmigrationAliens/refugeesChildren

Approved schoolsCriminal lunaticsLotteries and bettingProbation servicesRegistration of personsRemand homesMuseums/archives/archaeological preservation

3. Function: Economic Policy and Financial ManagementMinistry; Ministry of Finance

Functions/departments:Government expenditure, revenue and borrowingTaxationExchange rate policyBalance of paymentsBanks/financial institutionsInsuranceCustodian of government propertyGovernment coast agent (clearance of Government imports)General economic policyTechnical assistance

Central Tender BoardDivestiture (Government Investments Division)

4. Function: Management of Environment and Natural ResourcesMinistry: Ministry of Environment and Natural ResourcesFunctions/departments:

ForestryMineral resourcesGeological survey and researchEnvironmental protection/policyFisheries


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5. Function: Land Use ManagementMinistry: Ministry of Lands and HousingFunctions/departments:

Land registration and valuation

Administration of state and trust landsMapping and land SurveysLand use policy/urban planningLand adjudicationHousing Policy

6. Function: Management of Water ResourcesMinistry: Ministry of Water DevelopmentFunctions/departments:

Water development and suppliesControl/management of water catchments

Water quality and pollution control

[Although the Ministry of Water Development is given as a separate ministry, thepossibility of transferring its responsibilities to the Ministry of Environment and NaturalResources should be considered]

7. Function: Economic Planning and National StatisticsMinistry: Ministry of Planning and National DevelopmentFunctions/departments:

Development planning

National Council for Population and DevelopmentMonitoring and evaluation (programs/projects)Central Bureau of StatisticsPopulation censusResource Surveys and Remote Sensing

[The resource surveys and remote sensing function could be moved to the Ministry ofEnvironment and Natural Resources]

8. Function: Management of InfrastructureMinistry: Ministry of Transport, Public Works and Communications

Functions/departments:Public worksMaintenance of public buildingsGovernment housingInventory of government propertyCivil aviation/aerodromesMeteorologyRailways and harborsRoad transport licensing/tollsTelecommunicationsShipping


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9. Function: Energy DevelopmentMinistry: Ministry of EnergyFunctions/departments:

Energy policy and development

Electric powerRenewal energy sourcesRegistration of electriciansOil and other fossil fuels

10. Function: Coordination and Supervision of Local AuthoritiesMinistry: Ministry of Local Government

11. Function: International RelationsMinistry: Ministry of Foreign Affairs

12. Function: Trade and Industrial DevelopmentMinistry: Ministry of Commerce and IndustryFunctions/departments:

Industrial development policyIndustrial standardsIndustrial licensingIndustrial research policyPatents policyTrade development policyWeights and Measures

13. Function: Tourism Development and Wildlife ConservationMinistry: Ministry of Tourism and WildlifeFunctions/departments:

Tourism policyHotel trainingWildlife management policyCreation of national parks

[The possibility of making tourism development and wildlife conservation a department ofthe Ministry of Environment and Natural Resources should be explored]

14. Function: Sports and cultural activitiesMinistry: Ministry of Culture and Social Services

[The possibility of making sports and cultural activities a department of the Ministry ofHome Affairs and Internal Security should be explored]

15. Function: Crop and Livestock developmentMinistry: Ministry of Agriculture and Livestock DevelopmentFunctions/departments:

Agricultural policy


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Agricultural researchIrrigationSoil conservationLivestock developmentVeterinary services and research

Range management

16. Function: Promotion of Human HealthMinistry: Ministry of HealthFunctions/departments:

Preventive and curative medical servicesClinics, registration of doctorsControl of dangerous drugsPublic health services (cemeteries, etc)Family planningGovernment Chemist (quasi-independent but reporting to Ministry of

Health)Government Pathologist

17. Function: Development of the Cooperative MovementMinistry: Ministry of Cooperative Development

18. Function: Industrial Relations and Employment PolicyMinistry: Ministry of LaborFunctions/departments:

Labor Policy

Manpower developmentNational Youth ServiceIndustrial training

19. Function: Formal and Informal EducationMinistry: Ministry of EducationFunctions/departments:

Education policyPrimary, secondary and higher educationTeacherstrainingPublic examinations

Institutes of technology and national polytechnicsSpecial educationTeachers Service Commission

20. Function: Development of Electronic MediaMinistry: Ministry of Information and BroadcastingFunctions/departments:

Broadcasting and television policyLicensing of films and broadcasting stationsKenya News Agency


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21. Function; Protection against External AggressionMinistry: Ministry of Defence

NON MINISTERIAL DEPARTMENTS

Office of the Attorney GeneralJudiciaryPublic Service CommissionOffice of the OmbudsmanExchequer and Audit DepartmentAuditor-General (Corporations) DepartmentAuditor-General (Local Authorities) DepartmentNational Assembly

[The possibility of merging the Offices of Exchequer and Audit Department, Auditor

General (Corporations) Department, and Auditor General (Local Authorities) Departmentshould be considered.]

REFERENCES

Barkan, J.D., The Rise and Fall of a Governance Realm in Kenya, In: Goran Hyden andMichael Bratton (eds.), Governance and Politics in Africa, Lynne Rienner Publishers,Boulder, Colorado, 1992

Kenya, Sessional Paper No. 1 of 1986 on Economic Management for Renewed Growth,Nairobi, Government Printer, 1986

Kenya, Development and Employment in Kenya: A Strategy for the Transformation of theEconomy, Report of the Presidential Committee on Employment (Chairman: PhilipNdegwa), Government Printer, Nairobi, 1991

Kenya, Organization of the Government of the Republic of Kenya, Office of the President,various issues

Mukui, John T., Kenya: Economic Performance and Future Prospects, Paper prepared forthe Law Society of Kenya conference on The Rule of Law and Democracy in the 1990s andBeyond, Safari Park Hotel, Nairobi, 4-6 March 1992

World Bank, Kenya: Re-investing in Stabilization and Growth through Public SectorAdjustment, Country Operations Division, Eastern Africa Department, Africa Region,Washington D.C., 1992

kenya: rationalization of the civil service

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