By Reporter
The Principal Secretary in the State Department for Foreign Affairs, Dr Korir Sing’oei, has urged the National Assembly’s Committee on Defence, Intelligence and Foreign Affairs to suspend consideration of the proposed amendments to the Foreign Service Act until the ongoing review of the law is completed and submitted to Parliament.
Dr Sing’oei made the proposal when he appeared before the Committee during the commencement of public hearings on the Foreign Service (Amendment) Bill, National Assembly Bill No. 24 of 2026, sponsored by Hon Charles Ngusya (Mwingi West).
The Principal Secretary informed the Committee that the Ministry of Foreign and Diaspora Affairs is undertaking public participation as part of the ongoing review of the Foreign Service Act and expects to submit the outcome of the process to the National Assembly by the end of November 2026.
He argued that allowing the review process to be completed would provide an opportunity to address the existing challenges in the country’s foreign policy framework comprehensively, rather than pursuing amendments that could be overtaken by the broader review.
“This proposed amendment Bill will comprehensively address the current shortcomings being experienced in Kenya’s foreign policy space,” said Dr Sing’oei.
The Bill seeks to amend the Foreign Service Act, Cap. 185E, to align the legal framework governing Kenya’s foreign service with Sessional Paper No. 1 of 2025 on the Foreign Policy of the Republic of Kenya.
The policy document proposes a diplomatic representation framework comprising 70 per cent career diplomats and 30 per cent non-career diplomats, with the aim of defining the balance between professional diplomatic expertise and other forms of representation in the country’s foreign service.
However, Dr Sing’oei cautioned that introducing a fixed quota system for appointments could place excessive emphasis on whether a candidate is classified as a career or non-career diplomat, potentially undermining merit-based recruitment and the assessment of individual qualifications and suitability.
He maintained that appointments to the foreign service should prioritise competence, professional experience and the requirements of the positions being filled.
According to the Principal Secretary, a rigid classification-based approach could conflict with Article 232(1)(g) of the Constitution, which provides for fair competition and merit as the basis for appointments and promotions in the public service.
“This would be contrary to Article 232(1)(g) of the Constitution on Values and Principles of the Public Service, which provides that merit and fair competition inform the basis of both appointments and promotions in the public service,” he added.
The Law Society of Kenya (LSK) expressed support for the overall objective of the Bill, noting that a professional and merit-based foreign service is essential to safeguarding Kenya’s national interests in an increasingly complex international environment.
However, the Society cautioned that the proposed 70:30 framework must be supported by clear competency requirements, safeguards to promote diversity and a narrowly defined exception for specialised expertise or circumstances justified by the national interest.
The LSK also raised concerns about the wording of the proposed quota, arguing that the phrase “not more than 70 per cent” establishes a maximum rather than a mandatory proportion of career diplomats.
The Society observed that such wording could legally permit career diplomats to account for any proportion below the 70 per cent ceiling, potentially undermining the policy objective of establishing a defined balance between career and non-career diplomats.
“The Bill provides for career diplomats to consist of not more than seventy per cent of all appointments.
“The phrase ‘not more than 70%’ sets a maximum, meaning career diplomats may constitute up to 70%, but could also account for 40%, 50%, or any other proportion below that threshold, thus legally permitting a cohort to consist of a tiny fraction of career diplomats and defeating the policy goal of Sessional Paper No. 1 of 2025,” the LSK submitted.
The Society’s position highlights the importance of ensuring that the wording of the proposed law accurately reflects the policy intention behind the proposed quota system and provides sufficient clarity to guide appointments.
The Kenya Law Reform Commission (KLRC) also emphasised the need for technical refinement of the proposed amendments to ensure that the 70:30 framework is clear, practical and consistent with the Constitution.
The Commission identified the wording of the proposed ratio, the definition of a career diplomat, the meaning of a non-career diplomat and the mechanism for implementing the quota as areas requiring clarification.
The Committee shall continue receiving further submissions before tabling its report in the National Assembly for consideration.
