Performance Contracting, Public Service & the Leadership and the Opportunity for Legal Officers

A few weeks ago, our lead trainer Patricia Wanjama, had the privilege of facilitating a training session with senior legal officers and corporation secretaries from Kenya’s public sector. Brilliant professionals. Deeply knowledgeable and truly committed to lend their professional skills for the public good. Yet, when asked to articulate their financial and innovative contribution to their organisations, the room went quiet.

The recurring sentiment? “We don’t drive revenue. Our frameworks don’t leave room for innovation. Our budgets are thin.” It’s a perception problem — and it’s costing these teams their seat at the strategy table. Infact, looking at Mwongozo, the code positions the Corporation Secretary not as a support function, but as a strategic governance anchor.

In Kenya’s public sector, a Performance Contract (PC) is a legally negotiated agreement between Government and a state corporation or state agency that commits public officials to specific, measurable results. It should not be viewed only as a bureaucratic paper pushing process. It is the primary mechanism through which the Public Service Commission (PSC) and the Performance and Service Delivery Management Unit (PSPMU) hold institutions — and their leaders — accountable. It was instituted in 2004 and is in its 22nd cycle.

The PC cycle runs in various stages: strategic planning → target development → PC Initiation →Board Approval → Negotiation → Vetting → PC formal signing → Implementation → monitoring and reporting → annual evaluation.

Scoring matters. Grades of Excellent (≥100%) and Very Good (80–99%) unlock performance rewards and leadership recognition. Below 60% triggers sanctions. Keep in mind that everything the Corporation Secretary Or Legal Officer does has a score attached to it.

The challenges to effecting a PC are real: weak indicator design, missing Means of Verification (MoVs), poor cascading to staff, and the perception that legal work is inherently reactive. But these are solvable.

So what does a strategic legal and governance officer look like in the PC context? They design SMART objectives. They build an evidence culture in their team — every opinion, every resolution, every compliance certificate filed in real time. They cascade PCs meaningfully to every team member. They brief the board on performance, not just compliance. And they articulate their department’s financial contribution in the language of risk prevented, governance strengthened and institutional value protected.

If you lead a legal or governance team in the public sector, here is your challenge: open your current PC matrix today and ask — do these indicators tell the real story of what we do and why it matters? If not, now is the time to rewrite it.

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