KENYA: Mudavadi Pushes for Urgent Law on Performance Contracting

By Moses Punyuah, Nairobi 

Prime Cabinet Secretary Musalia Mudavadi has called for the urgent enactment of legislation to anchor performance contracting in law, saying the reform is critical for accountability, fairness and efficiency in the public service.

Speaking during the signing of the second-level performance contracts for the 2024/2025 financial year, Mudavadi said the exercise must go beyond ceremonial commitments and instead focus on setting measurable targets and enforcing strict monitoring.

“Performance contracting must not be a ritual. We must set clear targets and put in place mechanisms to track whether we are meeting them,” he said.

Mudavadi expressed concern that despite Kenya pioneering performance contracting and earning international recognition during former President Mwai Kibaki’s administration, the country has failed to entrench the system in law more than two decades later.

“President Kibaki perfected performance contracting and Kenya won a UN accolade, yet today we are still stuck in endless consultations. That is unacceptable,” he said.

He noted that countries such as the United States benchmarked Kenya’s model and went on to legislate it, while Kenya remains without a legal framework.

Mudavadi said the proposed law will ensure promotions and career progression in the public service are based strictly on performance, eliminating arbitrariness and perceived favoritism.

“We must anchor performance contracting in law so that promotions are based on measurable results and not subjective decisions,” he said.

He urged officials handling the bill to fast-track its conclusion once public participation is completed, saying the reform is long overdue.

The performance contracting bill is currently undergoing public participation, after which it will be tabled in Parliament for debate and

possible enactment.