Bill restricts over 35s from getting government jobs

Those aged above 35 years will be restricted from seeking employment in the government if a Bill that aims to boost hiring of youths in the public service is passed.

The National Youth Employment Authority Bill, which is set for debate in Parliament, will demand that hiring authorities like the Public Service Commission first refer to the database before advertising for jobs through the Press.

The database will be manned by a new authority, which will maintain a register of job seekers below the age of 35 together with their qualifications.

Those aged above 35 will only be considered if the skills and qualifications required are not available in the youth database — which will house details of jobseekers like county of origin and ethnicity.

“Whenever a vacancy occurs, the appointing office shall give priority to the youth registered by the authority who possess the qualifications or skills sought,” the Bill says.

“Where the qualifications or skills sought are not available in the authority’s database, the appointing office shall invite applications from qualified applicants through advertisements.”

The proposed law will cover the national, county governments and State-owned firms that are fully owned by the state and run on taxpayers’ cash.

The Bill, sponsored by nominated MP Johnson Sakaja, says that for one to be registered in the database, they must be youths as defined in the Constitution. The law defines a youth as one aged between 18 and 35 years.

The restrictive hiring of public servants is likely to raise questions on whether it violates the Bill of Rights, which outlaws discrimination on the basis of age.

The law also seeks to fast-track youth to management cadres through affirmative action although it does not outline how this will be achieved.

“The government shall take affirmative action measures and actions designed to promote the employment of youth in management and other levels of employment regardless of their years of experience,” notes the Bill. It proposes that the State offers undisclosed incentives to private institutions that employ the youth within six months of completing their studies.

The Sakaja Bill comes at a time when the gap between the average pay in the public and private sector widened last year, underlining the civil service’s status as the best employer.

The difference in the pay grew to Sh8,172 per month, up from Sh5,370 in 2012 and Sh2,333 in 2011. This was driven by higher pay increments in the public sector compared to those offered by companies.

Public servants’ pay rose 16.7 per cent to an average Sh47,146 per month, up from Sh40,418 in 2012 while the private sector increased wages 11.2 per cent to Sh41, 457 per month.