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GAZETTE NOTICE NO. 3265

GAZETTE NOTICE NO. 3265

THE COUNTY GOVERNMENTS ACT

(No. 17 of 2012)

ESTABLISHMENT


the following Core Values — (a) Integrity (b) Professionalism (c) Equity and Diversity (d) Team spirit (e) Transparency and Accountability (f) Creativity and Innovation (g) Rule of Law 1.2 Mandate of the Board Section 59 (1) of the County Governments Act stipulates the mandate of the Board as to— (a) Establish and abolish offices in the county public service; (b) Appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within the county and to confirm appointments; (c) Exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part; (d) Prepare regular reports for submission to the county assembly on the execution of the functions of the Board; (e) Promote in the county public service the values and principles referred to in Articles 10 and 232; (f) Evaluate and report to the county assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the county public service; (g) Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; (h) Advise the county government on human resource management and development; (i) Advise county government on implementation and monitoring of the national performance management system in counties; (j) Make recommendations to the Salaries and Remuneration Commission, on behalf of the county government, on the remuneration, pensions and gratuities for county public service employees. 1.3 Board Membership The Board is currently constituted as follows: Chairperson Assumpta N. Obore (Ms.) Vice-Chairperson Lawrence Emongole Akijakin Members Patrick K.B Afwande Dominics Dan Ayaa (Dr.) Mondelane Nechesa Musundi (Ms.) Thomas Taka Ouma Ag. Secretary/CEO, Director Finance and Administration Martin. S. Sikolia The following members exited the Board 2020— Rev. Charles. V. Orodi Praxedes Otieno Josiah Wanyama Susan Kapule The following three Board Members were recruited in 2020 — Dominics Dan Ayaa (Dr.) Mondelane Nechesa Musundi (Ms.) Thomas Taka Ouma (Ms.) 1.4 Board Committees The Board carries out its functions through Board Committees. The Committees meet on designated days and make their reports and recommendations to the full Board. The Committees are as follows— (a) Finance and Administration (b) Recruitment, Selection and Discipline (c) Audit and compliance (d) Human Resource Planning, Capacity Development and Training The Terms of Reference for each Committee are as follows: (a) Recruitment, Selection and Discipline (i) Job advertisement and addressing all matters relating to recruitment. (ii) Preparation of guiding notes to the Board Preliminary Selection panels and quality assurance on applications. 9th April, 2021 THE KENYA GAZETTE 1605 (iii) Scheduling of interviews and inviting short listed candidates; (iv) Availing the indents, application files, lists of short listed candidates and the Annual Staff Appraisal Reports to the Final Selection panel. (v) Dealing with all correspondence regarding employment in the County Public Service. (vi) Establishment and abolition of offices in the public service (vii) Analyze the Human Resource plans (viii) Develop a structured system of handling discipline cases for use in County Departments (ix) Audit pending disciplinary cases in County departments. (x) Development of guidelines for promotions and transfer of staff (xi) Advise on terms and conditions of service. (h) Human Resource Planning Capacity Development and Training (i) Develop modalities of carrying out training impact assessment in the public service (ii) Development of staff development policy (iii) Analyze training needs assessment reports from all the county departments (iv) Co-ordinate and advise on training needs assessment (v) Advise on mechanisms for collaborating with training institutions on human resource development. (vi) Advice on development of skills inventory for County Public Service. (c) Audit and Compliance (i) Advice on the performance management framework in the county. (ii) Initiate review of the existing human resource manuals for the service (iii) Ensure staff appraisal process conforms to the County performance targets. (iv) Make proposals on improvement in the discharge of delegated powers (v) Advise on and monitor performance of all officers in the county public service and ensure feedback is relayed; (vi) Promotion of values and principles referred to in Articles 10 and 232 of the Constitution throughout the public service (vii) Monitor, evaluate and report to the County Public Service Board on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service. (viii) Develop instruments to investigate, monitor and evaluate the organization, administration and personnel practices of the public service. (ix) Propose programmes and activities for promotion of values and principles referred to in Articles 10 and 232 throughout the public service. (x) Propose modalities for monitoring the extent to which the programmes and articles in (ix) are promoting the values and principles of public service. (xi) Develop and review County Public Service code of conduct (xii) Make appropriate recommendations emanating from the reports in (vii) above to facilitate decision making. (xiii) Oversight of development and dissemination service charter. (xiv) Oversee compliance of Public Ethics Acts (xv) Attending to legal issues. (d) Finance and Administration (i) Analyzing budget proposals for the Board (ii) Making proposals on financial planning for the board. (iii) Making proposals on re-structuring and staffing of the Board secretariat. (iv) Monitoring implementation of the Board's strategic plan. (v) Proposing modalities for collaboration and cooperation between the Board and other bodies. (vi) Ensuring statutory compliance including annual Audit. (vii) Receive ,securitize and submit monthly reports to the Board. (viii) Handling any County Assembly questions 1.5: Board Secretariat The Board has a functional Secretariat which is headed by the Secretary/CEO with 8 members of staff— (a) Director of Finance & Administration (I) (b) Human Resource Officer (1) (c) Accountant (2) (d) Office Administrative Assistants (1) (e) Clerical Officer (1) (f) Driver (2) (g) Receptionists (2) (h) Administrative Officer (1 ) The Secretariat is mandated to perform the following duties— (a) Facilitate the Board in terms of preparing Board Papers and Board meeting materials; (b) Communication of Board decisions; (c) Monitoring the implementation of the Board decisions; (d) Provision of technical support to the Board and its Committees; (e) Financial facilitation and accounting for the Board operations. (f) Any other lawful duties as assigned by the Board 1.6: Board Strategic Plan The Board has a (five) 5-year Strategic Plan which is yet to be implemented and / or operationalized due to financial constraints and lack of a fully constituted secretariat. However, the Plan continues to give the Board the required focus in the execution of its mandate. The plan highlights four objectives which are aligned with the mandate of the Board. These objectives are as follows— (a) To promote professionalism and good governance in the County Public Service (b) To promote real time service delivery in the County Public Service (c) To promote equitable distribution of opportunities in the County Public Service (d) To protect the rights of public officers and enhance justice and fairness in the County Public Service. CHAPTER TWO—BOARD ACTIVITIES IN THE YEAR 2020 2.0: Introduction This chapter details the activities that the Board undertook during the period January 2019 to December 2019. The activities have been carried out within the legal and policy frameworks governing the County Public Service Board and its operations. Size of the Public Service During the period under review the Public Service under the purview of the Board comprised of 3616 employees as reflected in the table below. Table 1: Distribution of Staff by Department Department No. of Staff Office of the Governor 442 Office of the Deputy Governor 21 Office of the County Secretary 4 County Public Service Board 15 Finance,ICT Economic Planning, 222 Roads, Public Works, Transport and Energy 83 Water, Environment, Irrigation and Natural Resources 130 Agriculture and Animal Resources 341 Community Development, Sports, Culture, Social Services and Tourism Cooperatives, Trade and Industry 75 Health and Sanitation 1473 Public Service Management 16 Lands, Housing and Urban Development 59 Education and Vocational Training 1003 TOTAL 3906 2.2 County Integrated Development Plan (CIDP) 2018/2023 The Board during the year under review considered the reviewed 2nd Busia County Integrated Developynent plan CIDP and noted that the success of Busia County with regard to effective delivery of service on the devolved functions and CIDP depended on the caliber of the Human Resource recruited by the Board. 2.3 National Values and& Principles of Public Service The Board carried out its mandate in a transparent manner when inviting applicants for interviews by ensuring that the advertisements were widely published as required under section 66 of the County Governments Act (CGA) 2012 by placing the adverts in the Newspapers with wide Circulation in the Country namely the Daily Nation and Standard Newspaper with copies at all Sub County Headquarters. Further, the adverts were placed on the County website. Successful candidates were invited for interviews through the Newspapers website, notices at Sub County, Wards and Village offices and contacted through SMS on the date and venues of the interviews. The Board had planned to coordinate, sensitize and educate the County staffs on National Values and Principles of Public Service, but due to inadequate funding the exercise was deferred to 2020, subject to availability of funds. 2.4 County Public Service Boards Consultative Forum The Board members attended the 8" National County Public Service Boards' consultative forum Convention in Silver Springs Hotel, Nairobi in March. During the convention new office bearers were elected. The forum offers a platform for sharing information and experience on the performance of the 47 County Public Service Boards in the execution of their functions. 2.5 Performance Contracting 2019/2020 In execution of its functions as prescribed under Sec. 59 (h), the Board in consultation with the department of Public Service Management advised the County on the implementation and monitoring of County performance management systems. The new guidelines on preparation and implementation of performance contracts as issued by the Council of Governors were used to prepare performance contracts for 2018/2020 which have been signed by the County Executive Committee Members (C.E.C.M) and the Governor. The chairperson of the Board signed the Performance Contract with the Governor which will be subsequently be cascaded down to the Secretary/ CEO of the Board, who signed the Performance Contract with the chairperson. The performance contracts will be cascaded down to the Directors level. Other County employees will be put on Performance Appraisals. 2.6 Development of policy Documents The Board finalized the drafting of policy documents, the same were forwarded to the CECM and the Chief Officers in the various Departments for their input as part of Public Participation. The same were uploaded on the County Government Website Public Participation. The Policies were adopted by the County Public Service Board and forwarded to the Cabinet for adoption of the same as mentioned below — (a) Discipline Manual for Public Service (b) Human Resource Policies and Procedures Manual (c) Recruitment and Selection policy (d) Casual Workers Manual 2.7 Induction of Newly Recruited Staff As part of its core functions on Human resource Management and Development, the Board in collaboration with County Departments undertook induction training of newly appointed staff in the year under review. 2.8 Recruitment and Selection The various positions were advertised and competitively recruited by the County Public Service Board. The selection was guided by the Constitutional requirements in regard to merit, regional and gender balancing, youth, People Living with Disability (PLWD), minority and marginalized communities. All selections took cognizance of Article 232 of the Constitution of Kenya, with the Board using fair competition and merit as the basis of selection of candidates In the review period the following appointments were made. Table 3. Staff recruited in 2020 Job Title Job Group No Recruited Deputy County Secretary S 1 County Chief Officers S 7 Board Members S8 3 Accountant II J 46 Internal Auditor I K 1 Director Supply Chain Management R 1 Chief Internal Auditor M 1 Senior internal Auditor L 1 Internal Auditor II .1 19 Internal Auditor III H 8 Economist Il/Statistian K 9 Finance /Budget III J 28 Supply Chain Management Assistant III H 14 Revenue Clerks E 160 Agricultural Officer I K 17 Animal Health Assistant II G 9 Livestock Production Officer K 8 Assistant Livestock Production Officer H 6 Assistant Fisheries Officer III H 8 Office Administrative Assistant III G 2 Assistant Engineer(Electrical) K 3 Geographical Information System Officer K 2 Assistant Engineer(Water and Sewerage) K 6 Assistant Engineer(Irrigation) K 2 Information Communication Technology Officer K 2 Human Resource Management Officer II J Information Communication Technology Officer III H 2 Office Administrative Assistant II H 6 9th April, 2021 THE KENYA GAZETTE 1607 Job Title Job Group No Recruited Driver III D/F 19 Assistant Quantity Surveyor K 1 Assistant Architect II K 1 Inspector Roads K 2 Assistant Engineer II Mechanical Building services K 1 Assistant Engineer/(Structural) Il K 1 Principal Administration Officer N 2 Principal Administration Officer(protocol) N Administrative Officer I(Liaison) K 2 Administrative Officer I K 3 Administrative Officer 1(protocol) K 3 Administrative Officer II(Liaison) J 2 Administrative Officer II(protocol) J 4 Administrative Officer III(Liaison) H 3 Administrative Officer III(protocol) H 3 Director Administration(Liaison) R 1 Director Administration Service Delivery R 1 Senior Public Communication Officer L 4 Information Officer II J 3 Public Communication Officer II(Editor/Camera) J 2 Chief Public Communication Officer M 1 Public Communication Officer III(Sound Technician) H 1 Senior Information Officer L 2 Office Messengers D 4 Cook II D/F 3 Security Officer D 14 TOTAL 457 Table 4: Distribution by County of Origin The recruited personnel for 2020 had 93.3% having Busia as their County of origin. The Board did not achieve the requirement to recruit 30% from outside the County as illustrated in the table below. County No % Busia 423 92.56 Vihiga 1 0.22 Siaya 6 1.31 TransNzoia 9 1.97 Kakamega 8 1.75 Kisumu 2 0.44 Bungoma 5 1.09 Kisii 1 0.22 Uasin Gishu 1 0.22 Homa Bay 1 0.22 TOTAL 457 100 Table 5: Distribution by Ethnic Group The Board made major efforts to meet diversity requirements in terms of ethnicity and will strive to ensure that the 30% diversity threshold is attained in coming recruitments. Ethnic Group No. % Teso 187 40.5 Luo 37 8.1 Luhya 225 49.2 Kisii 2 0.44 Kalenjin 4 0.88 Kikuyu 1 0.2 Mijikenda 1 0.2 TOTAL 457 100 Table 6. Distribution by gender Gender No. % Male 271 59.2 Female 186 40.8 TOTAL 457 100 Note: • The board did achieve the two thirds gender rule. • The terms of Engagement for employment of 439 ECDE caregivers who were recruited on 3 years contract in 2017/2018 ended in December, 2019 and their terms of employment were changed to permanent and pensionable in January, 2020. • The terms of Engagement for employment of 74 Health Workers who were recruited on 3 years contract in 2017/2018 ended in December, 2019 and their terms of employment were changed to permanent and pensionable in January, 2020 Table 7: SUMMARY DISTRIBUTION OF OFFICERS APPOINTED PER SUBCOUNTY AND WARD TESO SOUTH Ward Finance Govern or Agricult ure Water Works Chief Officer Board Memb ers Total Chakol South 13 5 4 1 2 0 0 25 Amukura West 9 1 0 1 0 0 0 I1 Amukura East 16 4 2 1 0 0 0 23 Amukura Central 9 4 2 2 0 1 0 18 Angorom 19 3 1 1 0 0 0 24 Chakol North 8 3 0 1 0 0 0 12 SUB TOTAL 74 20 9 7 2 I 0 113 SAMIA SUB COUNTY Ward Finan ce Gover nor Agricul ture Water Wor ks Chief Officer Board Mem bers Nangina 5 1 0 1 1 0 0 8 Agenga/ Nanguba 5 0 3 2 0 0 0 10 Namboboto /Nambuku 7 0 2 1 2 1 0 13 Bwiri 4 0 0 1 0 0 0 5 SUB TOTAL 21 1 5 5 3 1 0 36 NAMBALE SUB COUNTY Ward/Depa rtments Fina nce Gover nor Agricul ture WaterWorks Chief Officer s Board Memb ers Bukhayo Central 11 5 2 5 0 0 0 23 Nambale Township 14 5 8 0 0 1 0 28 Bukhayo East 7 1 1 0 0 0 0 9 Bukhayo North/ Walatsi 3 3 1 0 0 0 0 7 SUB TOTAL 35 14 12 5 0 1 0 67 BUTULA SUB COUNTY Ward Fina nce Gover nor Agricul ture Waterworks Chief Officers Board Memb ers Marachi West 4 4 0 1 0 1 0 10 Marachi 4 2 3 0 0 0 0 9 Table 8: Distribution by age cluster The age cluster of the recruited candidates: Age Number % 20 - 29 185 40.48 30 — 39 212 46.39 40 — 49 49 10.72 ABOVE 50 11 2.41 457 100 Table 9: Distribution by Qualifications The qualifications of staff recruited in 2020 were as follows Qualifications No % PhD 2 0.43 Masters 4 0.87 Bachelors 180 39.3 Higher Diploma 0 0 Diploma 51 11.2 Certificate 202 44.2 KCSE 18 4.0 KCPE 0 0 TOTAL 457 100 2.9 Pending recruitments The Board advertised the following positions which are awaiting interviews; Table 10: Advertised Positions Pending Interviews Departments No. Finance, Economic Planning and ICT 42 Agriculture and Animal Resources 14 Public Works, Roads, Transport and Energy 11 Water, Environment and Natural Resources 20 Office of the Governor 5 Education and Vocational Training 13 TOTAL 105 2.10 Promotions For motivation and career progression the board promoted the following number of staff guided by the various schemes of service Table II: Promotions Department No. Agriculture, Livestock, Fisheries & Animal Resources 2 Health and Sanitation 394 Trade Cooperatives and Industry 10 Youth ,Sports, culture and Tourism 2 Public Service and Administration 3 County Public Service Board 1 TOTAL 412 Note: other Promotions are still pending at the County Human Resource Management Advisory Committee (CHRMAC) 2.11 Disciplinary Cases Exercise of Disciplinary control in Public Service under Section 59 Sub- sectionl(c) mandates the Board to exercise disciplinary control over, and remove, persons holding or acting in offices in public service. This function is geared towards ensuring that public officers have high standards of ethical conduct and work performance. Table 12: Distribution of Disciplinary cases for the Year 2020. Offence Name of staff No. Interdiction upon criminal charge (Anti- Corruption and Economic Crimes Act) Allan Omachar Samwel Ombui Interdiction upon Criminal charge (theft of County Motor Vehicle) !Collins Dabury 1 Ward Fina rice Gover nor Agricul ture WaterWorks Chief Officers Board Memb ers Central Marachi North 5 0 1 0 0 0 0 Kingandole 7 0 2 1 0 0 0 10 Marachi East 5 1 0 2 0 0 1 9 Elugulu 1 0 0 1 0 0 0 2 SUB TOTAL 26 7 6 5 0 1 1 46 TESO NORTH SUB COUNTY Ward/Depa rtments Fina nce Gover nor Agricul ture Work Chief Officer s Board Memb ers Malaba South 9 2 2 0 0 0 0 13 Angurai South 10 0 1 0 0 0 0 11 Angurai East 10 1 0 1 0 1 1 14 Angurai North 13 1 0 0 0 0 0 14 Malaba Central 15 4 0 4 0 0 0 23 Malaba North 3 4 1 1 (1 0 0 9 SUB TOTAL 60 12 4 6 0 I 1 84 BUNYALA SUB COUNTY Ward Fina nee Gover nor Agricul ture Wate Works Chief Officer s Board Memb ers Bunyala South 7 1 0 0 0 0 1 9 Bunyala West 8 0 2 1 0 0 0 11 Bunyala North 6 1 4 2 0 0 0 13 Bunyala Central 4 1 2 0 0 0 0 7 Sub Total 25 3 8 3 0 0 1 40 MATAYOS SUB COUNTY Ward Finan ce Gover nor Agricul ture Water Work s Chief Officer s Board Mem hers Busibwabo 2 1 1 0 0 0 0 4 Matayos South 5 1 0 0 0 0 0 6 Bukhayo West 10 0 2 3 0 0 0 15 Burumba 8 1 0 1 0 1 0 11 Mayenje 1 0 0 0 0 0 0 1 Sub Total 26 3 3 4 0 1 0 37 Board Other Finan Govern Agricult Chief WatenVorks Memb Counties ce or ure Officer ers 20 5 3 4 1 1 0 34 GRAND 287 65 50 39 6 7 3 457 TOTAL 9th April, 2021 THE KENY A GAZETTE 1609 2.12 Industrial Relations The Board played its key role in enhancing good labor relations in the public service of Busia. In many instances, the Board engaged the Trade Unions on specific issues including a consultative forum between HE the Governor, Board Members and Doctors from across the county, where it was unanimously agreed that recruitment of 10 more doctors be done among other issues Besides the board also held a number of consultative meetings with the union representatives for nurses aimed at averting the then planned strike. The Board was involved in the below industrial and labour relations matters which are ongoing — 1. Case 13 of 2019: Rev Charles Orodi Vs The County Government of Busia and 3 others, Kisumu 2. Case 41 of 2019: Kenya National Union of Nurses Vs County Public Service Board, Kisumu 3. Case 5 of 2019: Kenya National Union of Nurses Vs County Public Service Board, Nairobi 4. Case 244 of 2019 Kenya National Union of Nurses Vs County Public Service Board, Nairobi 5. Case 28 of 2019: Kenya National Union of Nurses Vs County Public Service Board, Kisumu 6. Case 41 of 2019: Kenya National Union of Nurses Vs County Public Service Board, Kisumu CHAFFER THREE— ACHIEVEMENTS AND CHALLENGES 3.1: Key achievements The following are the key achievements of the Board for the Year ending December 2020— (a) The Board completed the recruitment of 457 staff in various departments. (b) Putting controls on the recruitment of casual workers, an avenue that used to stretch the wage costs in the County. (c) Fast tracked promotions and create harmony within the Busia County Public Service. (d) Development of working policy documents. (e) The Board undertook induction of newly recruited staff in some departments. 3.2: Challenges In the discharge of its mandate the Board continues to experience and/or has experienced a number of challenges and key among them are — (a) Inadequate funding adversely affected implementation of planned HR development programmes/activities, development of working policy documents, induction of new staff among others. The Board had budgeted for Kshs 124 million to fund its operations and various human resource development programmes but received only Kshs 73,357,900 (b) Inadequate office equipment and office accommodation (c) Accessibility of the offices for Persons Living with Disability is a challenge, as the Board offices are located on the second floor of a building with no provision for accessibility by People Living With Disability. (d) There is need to establish/update appropriate schemes of service and a pension scheme. The Board had anticipated that the Pension Bill before the Senate would by now have been finalized and enacted into law as the issues of staff retirement benefits are critical and very important to employees and the economy as a whole. There is therefore need for a comprehensive legal framework to guide all Parties involved. (e) Internal workplace dynamics (f) Harmonizing the various categories of staff i.e. Local Authority, National Government and newly recruited staff to all operate within uniform schemes of service but with no harmonized salary structure from SRC. 3.3: Way Forward The Board is mandated to manage the human resources in the County Public Service and ensure that the service is efficient and effective. In order to achieve this, the Board will endeavor to transform the Public Service to be professional, ethical, efficient and effective in service delivery. In this regard, the Board will inter alia, focus on the following interventions — (a) Develop policy for internal career and management development for existing staff and recruit more staff. (b) Development and Review of Human Resource Policies and Guidelines. The Board will continue to play its executive and advisory role by issuing human resource management policies, regulations and guidelines to the service to provide direction on managing the human resource function. Accordingly the Board will: (c) Develop, review and consolidate all the Human Resource policies, guidelines among other initiatives and align them to the Constitution and other legislative framework (d) Undertake impact assessment on guidelines issued to the service (e) Training Needs Analysis (TNA) The Board will in collaboration with the Department of Public Service Management carry out a TNA in the departments so as to give necessary training to improve staff performance and delivery of service. (f) Diversity in Recruitment. The Board intends to improve on its diversity by attracting candidates from various regions. Apart from advertising in the print media and uploading the adverts in the county website, the Board will develop networks within the County Public Service Boards' National Convention Forum. (g) Engaging the Salaries and Remuneration Commission. The Board will continually engage with Salaries and Remuneration Commission with a view to: (h) Developing a comprehensive road map for establishment of a pension scheme for the County and transfer of services of seconded staff; (i) Harmonization on matters relating to remuneration of officers in the public service of Busia; (j) Publishing the Human Resource Guidelines. The Board intends to print the human resource guidelines and policies that have already been formulated, and the ones that will be formulated in 2021. These booklets will be printed in adequate numbers for issuance to officers in the service. The officers will therefore be cognizant of what is expected of them and their employer, and will know the procedures to be adopted in the public service on matters pertaining to handling of human resource issues. This too requires funding. (k) Office space The Board requires additional office space to enhance storage of documents eg; Wealth Declaration forms, applications for employment and CVs, interview Score sheets, staff files and other essential records are safely and properly kept. In addition with availability of funds electronic archiving of some records will be considered. (1) The Board conducted records management with a view of improving records storage. MARTIN S. SIKOLIA, MR/1943961 Ag. Secretary/CEO, County Public Service Board.

Dated the 9th April, 2021.

MARTIN S. SIKOLIA,

Ag. Secretary/CEO, County Public Service Board.

Extracted Entities (1)

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3265

Details

Act / Legislation
THE COUNTY GOVERNMENTS ACT
Reference
No. 17 of 2012
Section
section 59
Signed By
MARTIN S. SIKOLIA
Title
Ag. Secretary/CEO, County Public Service Board
Date Signed
9th April 2021
Page
50
Extraction Method
regex