MPs Pile Pressure on PSC to Enforce Pressure on PSC

MPs Pile Pressure on PSC to Enforce One-Third Salary Rule

Members of the National Assembly’s Public Accounts Committee (PAC) have intensified pressure on the Public Service Commission (PSC) to enforce regulations ensuring that public servants do not take home salaries below the legally mandated threshold.

The call was made during a committee session held in Parliament on Thursday, April 2, where lawmakers raised concerns over widespread violations of the “one-third salary rule,” a legal provision designed to protect employees from excessive salary deductions.

The issue arose during a meeting with State House Comptroller Katoo Ole Metito as the committee reviewed Auditor-General’s reports for the financial years ending June 30, 2024, and 2025. Findings from the 2023/2024 audit report revealed that at least 78 State House employees were earning net salaries below the required threshold due to high deductions.

The one-third rule is anchored in Section 19(3) of the Employment Act, which stipulates that total deductions from an employee’s salary must not exceed two-thirds of their basic pay. This effectively ensures that workers retain at least one-third of their earnings as take-home pay.

“We are concerned that this matter keeps recurring. It’s not only in State House but other state agencies and arms of government. We urge the Public Service Commission to come up with policy and regulations to end this problem once and for all,” said PAC Chairperson Tindi Mwale.

Committee members noted that the issue is not isolated to a single institution but appears to be systemic across various government departments. They attributed the excessive deductions to factors such as loan repayments, salary advances, check-off systems, and court-ordered recoveries.

Lawmakers warned that continued non-compliance points to weaknesses in payroll management systems and oversight mechanisms within the public service. They emphasized the need for urgent regulatory intervention to standardize enforcement across all government entities.

In response, Ole Metito assured the committee that measures had already been implemented to address the issue at State House. He indicated that management interventions had significantly reduced the number of affected employees.

“Out of the 78 that were affected in that financial year of 2023/2024, we tried the management way and the numbers have reduced. By the end of last month, we only have 14 out of 78 who are now taking home less than a third. By end of this month, we will have only four,” he explained.

Despite the reported progress, PAC maintained that piecemeal interventions are insufficient and called for comprehensive policies to ensure full compliance with the law.

The committee also highlighted the broader implications of the issue, noting that employees earning below the statutory threshold are at risk of financial distress, which could ultimately affect productivity and service delivery.

To illustrate the rule, lawmakers explained that a public servant earning a basic salary of Ksh30,000 should not have deductions exceeding Ksh20,000. This ensures a minimum take-home pay of Ksh10,000. Any deductions beyond this limit would constitute a violation of the law.

The one-third rule is designed as a safeguard against over-indebtedness, ensuring that employees retain enough income to meet their basic needs despite financial obligations such as loans or statutory deductions.

Analysts note that while access to credit has expanded among public servants, weak enforcement of payroll regulations has allowed some employees to overcommit financially, leading to situations where their net pay falls below legal limits.

The committee’s recommendations now place the spotlight on the Public Service Commission to develop clear, enforceable guidelines and strengthen monitoring systems to prevent future violations.

As scrutiny over public sector financial management intensifies, the enforcement of the one-third rule is expected to become a key priority in safeguarding employee welfare and promoting accountability within government institutions.

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MPs Pile Pressure on PSC to Enforce One-Third Salary Rule