KENYA: RATIONALIZATION OF

THE CIVIL SERVICE

by

John Thinguri Mukui

Paper prepared for the Friedrich Naumann Stiftung, as

background paper to the Blueprint for a New Kenya: Post
Election Action Programme (PEAP), Nairobi, Kenya
September 1992

KENYA: RATIONALIZATION OF THE CIVIL SERVICE1

INTRODUCTION
1.
Kenyas civil service can be separated into three main groups: ministries, nonministerial departments, and advisory committees. There are currently twenty nine
ministries, 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 committees
covering functions such as music and water conservation. The proliferation of ministries
has been mainly due to overspecialization and duplication. The specialization has come
about by declaring departments of ministries as separate ministries, e.g. the Ministry of
Manpower 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 the
Ministry of Environment and Natural Resources; the permanent Presidential Commission
on Water Conservation duplicates the Ministry of Water; and the permanent Presidential
Commission on Music duplicates the Ministry of Culture and Social Services. The regional
development authorities also duplicate a number of line ministries operating in their areas
of jurisdiction.
IMPLICATIONS
3.
The proliferation of Ministries has created three major problems. First, since a new
ministry 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 the
ministerial functions were performed by a department of the mother ministry. In addition,
there is duplication of functions between ministries, which leads to duplication of technical
staff. This has contributed to massive growth of the size of Government, especially in the
1980s.
4.
Secondly, the increase in employment as a result of proliferation of ministries has
put 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 new
ministries. Currently, personnel emoluments take over 70 percent of the recurrent budget,
thereby crowding out the budget for nonwage Operations and Maintenance (O&M). The
shortage of requisite support services reduces efficiency in delivery of public services. That
1

This 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 experts
out to arrest the countrys decline. The PEAP program was based on a short-term horizon of the
first 100 days of government and beyond in an attempt to spell out a range of viable options and
actions for consideration by the postelection parliament and government.

gives the common scenario of doctors without syringes, teachers without chalk, and
veterinary officers without insemination equipment and transport.
5.
Thirdly, overlap of functions and responsibilities has contributed to decline in
efficiency 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 of
horizontal coordination between ministries. The decline in efficiency of the civil service is
mainly due to spreading the budget too thinly (thereby eroding the implementation
capacity of each of the overlapping units) and lack of accountability for inaction as one
Government agency can always pass the buck on another agency performing similar
functions.
6.
For private sector operators, the problems created by overlap of functions of
ministries is best illustrated by an agricultural investor in a semi-arid area, who would be
required 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 local
administration and the district development committee. In addition, there may be conflict
of advice e.g. for the private farmer who is visited by different extension agents. Such
extension 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 the
production 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 to
facilitate passing of Government-sponsored bills, and (c) political patronage i.e. creating a
ministry because there is a potential minister rather than because of the additional services
the new ministry would provide. The advisory committees and regional development
authorities seem to have a purely budgetary agenda. Since they rarely serve the whole
country, they facilitate regional redistribution of public resources without being seen to
alter 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 and
boards, in an effort to create a clearer division of labor and good mechanisms for
coordination;
b) To reduce the overall budget: The increased government spending has increased
government borrowing and crowded out the private sector of resources;
c) Increase productivity: Reduction in the size of government would release resources
to nonwage operations and maintenance, and thereby increase efficiency in delivery
2

of public services. The main causes of low productivity have been overlap of
functions, the low share of nonwage O&M, and low civil service salaries;
d) To reduce pressure on the balance of payments: High government expenditure leads
to increased government borrowing and government imports, thereby creating
macroeconomic instability by increasing pressure on the balance of payments; and
e) To divest government from those functions that would be better handled by the
private sector.
OPTIONS FOR EMERGENCY ACTION
9.
The broad immediate agenda should be (a) reorganization of ministries by broad
functions, (b) cutting down ministries, departments, advisory committees and regional
development authorities to remove functional overlap, (c) eliminating functions that may
best be handled by the private sector, and (d) reducing concentration of power in the Office
of 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 with
another ministry. The approach taken in this paper is to take the broad function, give it a
ministerial title, and specify the functions or departments that come under the ministry. In
this way, some existing ministries might have their roles moving to more than one
ministry.
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 Development
but 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 provide
professionalism in the conduct of public enquiries;
e) An Office of the Ombudsman should be created; and
f) 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 in
light 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. For
example, the proposed Ministry of Water Development and Ministry of Tourism and
Wildlife could be transferred to the proposed Ministry of Environment and Natural
Resources; and the proposed Ministry of Culture and Social Services could be a department
of the Ministry of Home Affairs and Internal Security. This would reduce the ministries to
eighteen, namely, Office of the President, and ministries of Home Affairs and Internal
Security; Finance; Environment and Natural Resources; Lands and Housing; Planning and
National Development; Transport, Public Works and Communications; Energy; Local
Government; Foreign Affairs; Commerce and Industry; Agriculture and Livestock
3

Development; Health; Cooperative Development; Labor; Education; Information and

Broadcasting; 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 the
respective laws that created them. However, in the short term, the advisory committees
could have their functions transferred to the respective functional/sector ministry awaiting
the official dissolution through Parliament.
13.
In the appointment of new office holders for the new ministries, the criteria should
be merit. The current office bearers in the top layer are either incompetent and/or have
been placed in posts which do not correspond with their professional background and
working experience. Care should however be taken to identify suitable middle layer
technical 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, since
the 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 of
bills for presentation in Parliament.
CONSTRAINTS ON IMPLEMENTATION
15.
The main constraint on implementation will be political will. Regardless of which
political 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, regional
development authorities serving the new centers of political power.
17.
The financial costs of undertaking the reorganization of the structure of
Government would be fairly low, and short term costs would be offset by budgetary gains
in the first year after the reform package has been implemented. The major cost would be
the benefit package for the technical staffs who would be declared redundant by merging
departments or ministries. However, the technical staffs would be moved to ministries with
shortages 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 ministries
Ministry:
Office of the President
Functions/departments:
4

State House
Cabinet Office
Provincial Administration
Directorate of Personnel Management
Government Printer
[The possibility of abolishing the provincial administration should be discussed]
2.

Function:
Home Affairs and Internal Security
Ministry:
Ministry of Home Affairs and Internal Security
Functions/departments:
Police
Prisons
Immigration
Aliens/refugees
Children
Approved schools
Criminal lunatics
Lotteries and betting
Probation services
Registration of persons
Remand homes
Museums/archives/archaeological preservation

3.

Function:
Economic Policy and Financial Management
Ministry;
Ministry of Finance
Functions/departments:
Government expenditure, revenue and borrowing
Taxation
Exchange rate policy
Balance of payments
Banks/financial institutions
Insurance
Custodian of government property
Government coast agent (clearance of Government imports)
General economic policy
Technical assistance
Central Tender Board
Divestiture (Government Investments Division)

4.

Function:
Management of Environment and Natural Resources
Ministry:
Ministry of Environment and Natural Resources
Functions/departments:
Forestry
Mineral resources
Geological survey and research
Environmental protection/policy
Fisheries
5

5.

Function:
Land Use Management
Ministry:
Ministry of Lands and Housing
Functions/departments:
Land registration and valuation
Administration of state and trust lands
Mapping and land Surveys
Land use policy/urban planning
Land adjudication
Housing Policy

6.

Function:
Management of Water Resources
Ministry:
Ministry of Water Development
Functions/departments:
Water development and supplies
Control/management of water catchments
Water quality and pollution control

[Although the Ministry of Water Development is given as a separate ministry, the

possibility of transferring its responsibilities to the Ministry of Environment and Natural
Resources should be considered]
7.

Function:
Economic Planning and National Statistics
Ministry:
Ministry of Planning and National Development
Functions/departments:
Development planning
National Council for Population and Development
Monitoring and evaluation (programs/projects)
Central Bureau of Statistics
Population census
Resource Surveys and Remote Sensing

[The resource surveys and remote sensing function could be moved to the Ministry of
Environment and Natural Resources]
8.

Function:
Management of Infrastructure
Ministry:
Ministry of Transport, Public Works and Communications
Functions/departments:
Public works
Maintenance of public buildings
Government housing
Inventory of government property
Civil aviation/aerodromes
Meteorology
Railways and harbors
Road transport licensing/tolls
Telecommunications
Shipping
6

9.

Function:
Energy Development
Ministry:
Ministry of Energy
Functions/departments:
Energy policy and development
Electric power
Renewal energy sources
Registration of electricians
Oil and other fossil fuels

10.

Function:
Ministry:

Coordination and Supervision of Local Authorities

Ministry of Local Government

11.

Function:
Ministry:

International Relations
Ministry of Foreign Affairs

12.

Function:
Trade and Industrial Development
Ministry:
Ministry of Commerce and Industry
Functions/departments:
Industrial development policy
Industrial standards
Industrial licensing
Industrial research policy
Patents policy
Trade development policy
Weights and Measures

13.

Function:
Tourism Development and Wildlife Conservation
Ministry:
Ministry of Tourism and Wildlife
Functions/departments:
Tourism policy
Hotel training
Wildlife management policy
Creation of national parks

[The possibility of making tourism development and wildlife conservation a department of

the Ministry of Environment and Natural Resources should be explored]
14.

Function:
Ministry:

Sports and cultural activities

Ministry of Culture and Social Services

[The possibility of making sports and cultural activities a department of the Ministry of
Home Affairs and Internal Security should be explored]
15.

Function:
Crop and Livestock development
Ministry:
Ministry of Agriculture and Livestock Development
Functions/departments:
Agricultural policy
7

Agricultural research
Irrigation
Soil conservation
Livestock development
Veterinary services and research
Range management
16.

Function:
Promotion of Human Health
Ministry:
Ministry of Health
Functions/departments:
Preventive and curative medical services
Clinics, registration of doctors
Control of dangerous drugs
Public health services (cemeteries, etc)
Family planning
Government Chemist (quasi-independent but reporting to Ministry of
Health)
Government Pathologist

17.

Function:
Ministry:

18.

Function:
Industrial Relations and Employment Policy
Ministry:
Ministry of Labor
Functions/departments:
Labor Policy
Manpower development
National Youth Service
Industrial training

19.

Function:
Formal and Informal Education
Ministry:
Ministry of Education
Functions/departments:
Education policy
Primary, secondary and higher education
Teachers training
Public examinations
Institutes of technology and national polytechnics
Special education
Teachers Service Commission

20.

Function:
Development of Electronic Media
Ministry:
Ministry of Information and Broadcasting
Functions/departments:
Broadcasting and television policy
Licensing of films and broadcasting stations
Kenya News Agency

Development of the Cooperative Movement

Ministry of Cooperative Development

21.

Function;
Ministry:

Protection against External Aggression

Ministry of Defence

NON-MINISTERIAL DEPARTMENTS
Office of the Attorney General
Judiciary
Public Service Commission
Office of the Ombudsman
Exchequer and Audit Department
Auditor-General (Corporations) Department
Auditor-General (Local Authorities) Department
National Assembly
[The possibility of merging the Offices of Exchequer and Audit Department, Auditor
General (Corporations) Department, and Auditor General (Local Authorities) Department
should be considered.]

REFERENCES
Barkan, J.D., The Rise and Fall of a Governance Realm in Kenya, In: Goran Hyden and
Michael 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 the
Economy, Report of the Presidential Committee on Employment (Chairman: Philip
Ndegwa), 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 for
the Law Society of Kenya conference on The Rule of Law and Democracy in the 1990s and
Beyond, Safari Park Hotel, Nairobi, 4-6 March 1992
World Bank, Kenya: Re-investing in Stabilization and Growth through Public Sector
Adjustment, Country Operations Division, Eastern Africa Department, Africa Region,
Washington D.C., 1992