GAZETTE NOTICE NO. 12538

Under the Constitution, the public service has specific obligations whose objective is to provide a solid base for the effective and efficient delivery of public services. One of these foundations is expressed in terms of the values and principles as articulated in Articles 10 and 232 of the Constitution. The evaluation on the extent to which the public service has complied with these values and principles provides a mechanism for confirming the progress realized in the fulfillment of the obligations. The report has analysed the current situation for the values and principles and the actions taken by the Board to increase the levels of compliance. Findings in this evaluation report show that, during the 2016/17 and 2017 /18 Financial Years, the County Government realized considerable levels of compliance. While the County has made great efforts in improvement of levels of compliance with values and principles, there is still a lot to be done. The Board would wish to request for the cooperation from various arms of the County Government in the journey of promoting values and principles. I take this opportunity to thank The County Executive, with the leadership of H.E the Governor, and the County Assembly for their concerted efforts in inculcating a culture of continuous improvement on compliance with values and principles in the County Government of Kitui. ROSE K. MASYA (MRS.), HSC Chairperson, Kitui County Public Service Board. EXECUTIVE SUMMARY This report is developed in fulfillment of the constitutional requirement where the County Public Service Board is required to evaluate and report to the County Assembly on the extent to which the values and principles referred to in Articles 10 and 232 of the constitution of Kenya 2010 are complied with in the County Public Service. In its evaluation process, the Board considered the current status and the required actions for the improvement on compliance with values and principles. The evaluation was based on available documentation from all the County Ministries and Departments, performance appraisal reports, internal records of the County Public Service Board and physical checks. The report is developed in four major parts. The first part looks at the establishment, functions and powers of the Board with a special emphasis on its role in the promotion of Values and principles in the County Public Service. The second and main body on the report is on the extent to which the values and principles referred to in Articles 10 and 232 of the constitution have been complied with in the Kitui County Public Service. This section of the report gives a situational analysis and actions taken in the promotion of the values and principles. The third section reports on the impediments in the promotion of values and principles and the fourth is on planned values and principles promotional programs. The report also provides recommendations on the promotion of values and principles in the County public service. CHAPTER ONE INTRODUCTION Establishment of County Public Service Board The Kitui County Public Service Board is a body corporate established under Section 57 of the County Governments Act, 2012. This is the actualization of Article 235 of the Constitution of Kenya 2010, which gave the County Governments the task of— (a) establishing and abolishing offices in the County Public Service; (b) appointing persons to hold or act in offices of the County Public Service and confirming appointments; and (c) exercising disciplinary control over, and removing, persons holding or acting in the offices provided for under this part. According to Section 59 (1) (f) of the County Government Act, 2012, the County Public Service Board is expected to evaluate and report to the County Assembly on the extent to which the values referred to in Articles 10 and 232 of the Constitution of Kenya 2010 are complied with in the County Public Service. This report therefore focuses on this particular function of the board. Board Vision A values driven, efficient and effective County public service. Board Mission To appoint qualified and competent County human resource, and promote high standards of professional ethics and accountability for excellent public service delivery Core Values • Teamwork • Respect • Integrity • Professionalism Powers of the Board in the Promotion of Values and Principles In the performance of its functions under section 59 (1) (e) of the County Governments Act, 2012, the County Public Service Board has powers to— (a) inform and educate County public officers and the public about the Values and Principles; (b) recommend to the County Government effective measures to promote the Values and Principles; (c) assist County Government in the formulation and implementation of programmes intended to inculcate in public officers the duty to uphold the values and principles; (d) advise the County Governments on their obligations under international treaties and conventions on good governance in the county public service; (e) visit any county public office or body with a view to assessing and inspecting the status of compliance with the values and principles; 22nd December, 2017 THE KENYA GAZETTE (f) investigate, on its own initiative or upon a complaint made by any person or group of persons, the violation of any values and principles; (g) recommend to the relevant lawful authority, any necessary action in view of the violation of the values and principles by any person or public body; (h) co-operate with other institutions working in the field of good governance in the public service; and (i) perform any other functions as the Board considers necessary for the promotion of the values and principles. National Values and Principles of Governance As provided for under Article 10 of the Constitution of Kenya 2010, the National Values and Principles of Governance include— (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c) good governance, integrity, transparency and accountability; and (d) sustainable development. Values and Principles of Public Service Values and principles of public service as spelt out in Article 232 of the Constitution of Kenya 2010 are— (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; (c) responsive, prompt, effective, impartial and equitable provision of services; (d) involvement of people in the process of policy making; (e) accountability for administrative acts; (f) transparency and provision to the public of timely, accurate information; (g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions; (h) representation of Kenya’s diverse communities; and Affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of— (a) men and women; (b) the members of all ethnic groups; and (c) persons with disabilities. CHAPTER TWO THE EXTENT OF COMPLIANCE WITH VALUES AND PRINCIPLES PREAMBLE This chapter enumerates the activities that demonstrate the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the County Public Service. It also explains the actions taken by the Board in the promotion of the specific values and principles. THE EXTENT OF COMPLIANCE ARTICLE 10: NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE Patriotism, National Unity, Sharing and Devolution of Power, the Rule of Law, Democracy and Participation of the People. Situational Analysis The National Patriotism activities have not been fully devolved to the County for instance the Presidential Music Commission services. The County Government has been unable to meet the 30% requirement on ethnic minority which could have enhanced National unity. This has been due to the region being a hardship area and as a result not attractive to job seekers from other parts of Kenya. Political ethnic profiling has also contributed to people being inclined to serve in their ethnic backyards. The County Government is yet to put in place the Village Councils thus public participation has not reached satisfactory levels. Action Taken The County Government has established a county band and is collaborating with the Music commission to train on patriotic songs. The Board continues to advocate for patriotism and as a result, county colours and symbols are being incorporated in all official County documents, Information, Education and communication Materials, projects branding and painting of County Government buildings. The National and the County flags are being hoisted within the County Government offices and singing of National Anthem is highly emphasised. The County Government continues to participate in National holidays while ensuring that county offices have portraits of the President of the Republic of Kenya. The board has, and continues to draw the attention of the County employees to the documents uploaded on the County website which include the Constitution of Kenya 2010 and other relevant laws. The Board continues to encourage job applications country wide. Affirmative action has also been applied in the recruitment process. The Board has always advocated for better working conditions for all employees across the county. Democracy and Participation of the People has been and continues to be realised through policy formulation forums; the Education Forums, Public participation on Finance Bill and other stakeholder consultative meetings on development. The County Government has developed public participation guidelines with technical and financial support from the Institute of Social Transformation (TISA).The Board advised on the importance of having village councils in place to enhance public participation. The County Government has continued to collaborate with the National Government officials to bridge the public participation gap. Human dignity, equity, social justice, inclusiveness, equality, human rights, non- discrimination and protection of the marginalised Situational Analysis Review on the Compliance regarding Human dignity, equity, social justice, inclusiveness, equality, human rights, non- discrimination and protection of the marginalised was done during the 2017 Calendar year. It was established that social amenities within the County Government offices were still deficient. Ablution blocks are lacking gender labels. Analysis of the composition of the county public service was done. It established that the legal requirements for youth and gender in appointments had been met; however, there is need for concerted effort to address the requirements for Persons with disability, and the marginalised. Action Taken The County Government continued the construction of more ablution blocks in public places like markets, schools, offices and bus parks in an effort to ensure that Kitui County is open defecation free and to promote the human dignity. The Board is fully committed to continuous monitoring of compliance to ensure that the ratio of male to female employees remains within the constitutional threshold. The Board has enhanced the methods of advertising for job vacancies, including use of public announcements through Sub County, Ward and Village administrators and members of the County Assembly in order to reach all and allow for fair competition. Affirmative action is being undertaken to address the disadvantaged groups such as minority ethnic communities in the County, (e.g. The Tharaka, Arab, Somali, Muslim) persons with disabilities, youth and women. The Kitui County Budget and Economic Forum (KCBEF), a forum developed as a requirement by the Public Finance Management Act 2012, has membership drawn from across social and professional backgrounds for inclusiveness (women, Professional bodies, PLWDs, the aged, labour unions etc.) The County Government remains committed to the representation of Kenya’s diverse ethnic communities in the county public service as evidenced in the appointments undertaken. The County is mainstreaming HIV/AIDS, Gender and Disability in implementing various policies as can be reflected in awarding of County contracts and appointments. The County Government is working in partnership with other organisations to address HIV/AIDS among other health care issues. The County Government has also prioritized projects on water such as drilling of bore holes, construction of earth and sand dams as well as water reservoirs to ensure that county residents, especially those in arid and marginalised regions, have access to portable water for drinking and other purposes. Good Governance, Integrity, Transparency and Accountability Situational Analysis County Ministries have developed service charters. The mechanisms for monitoring integrity, transparency and accountability in the county public service are in place. Action Taken The Board has advised on the need to implement the service charters fully. Performance contracts are being signed by senior county public service officers to ensure accountability. The Complaints handling procedure has been streamlined in the County Government and a committee for the same is functional. In order to enhance transparency and accountability, the County Government continues to publish and distribute booklets highlighting all the development projects undertaken in each of the forty wards, including the cost of each project. Sustainable Development Situational analysis Kitui County Integrated Development Plan (KCIDP), which highlights the development needs of the County, has continuously guided the county development projects. The development projects contained in this document have been evaluated and considered based on their sustainability. As a result, the projects initiated are viable and sustainable. Action taken The County Government continues to implement projects in compliance with the KCIDP and the Kitui Vision for Economic and Social Transformation (KIVEST). Both KCIDP and KIVEST are modelled on the Kenya Vision 2030 and the Sustainable Development Goals. The County Public Service Board has successfully continued to provide the human resource necessary for the implementation planned activities. The already completed projects have been handed over to community committees. Some specific projects were identified to be undertaken by contractors from the local community to boost economic development within the county. The County Government has trained local contractors to enhance their contractual skills. All projects undertaken are budgeted for and assessed to be financially viable. ARTICLE 232: VALUES AND PRINCIPLES OF PUBLIC SERVICE High Standards of Professional Ethics Situational Analysis Standards of professional ethics were evaluated on the basis of code of conduct and ethics for officers in the public service; training for skills development; membership to professional bodies and declaration of income, assets and liabilities. There was moderate compliance with professional ethics following continuous sensitization workshops and training. Action taken Sensitisation programmes on Values and Principles aimed at creating awareness, development of teamwork and improvement of service delivery and overall culture change in the county public service were undertaken. To increase access to knowledge on the officers’ professionalism, the Board has been drawing the attention of the County Government employees to the relevant legislations and laws which have been uploaded to the County website. The Board undertook suitability tests and continues to do the same for various cadres for proper placement of staff and quality service delivery. Long term training approvals for officers working in the county ministries were granted in order to ensure competence in the performance of their duties. Various trainings have been held in the county including induction of staff, training on the filling of Asset Declaration forms, training on job evaluation, oath of Secrecy, performance contracting among others. Responsive, prompt, effective, impartial and equitable provision of services Situation Analysis The Board established that service delivery had not reached satisfactory standards as a result of slow integration of officers having been drawn from diverse organisational culture and work ethics. Action taken The Board has been undertaking sensitization workshops on Values and Principles of public service aimed at transformative leadership, development of teamwork and improvement of service delivery and overall culture change in the public service. The Board has incorporated questions which gauge attitude in the interview tools of various cadres so as to ensure that the county public service is composed of employees with the right attitude for effective service delivery. County Ministries have been encouraged to hold regular management and staff meetings to enhance effectiveness and teamwork in the provision of public services. The County Government has continued the use of Integrated Financial Management Information System (IFMIS), where all financial transactions are processed using the system. This has enhanced the speed of service delivery. The Board undertakes mystery shopping to assess the quality of services offered by the county public service. Fair competition and merit as the basis of appointments and promotions Situational Analysis Appointments and promotions were and continue to be guided by meritocracy and fair competition. They are also guided by other legal provisions such as the need to include communities not adequately represented in appointments to or promotions in the public service, the gender balance and persons with disabilities. Action taken As at 30th November, 2017, the County Public Service Board had employed a total of 779 female officers representing 43 % of the total staff appointed. The male appointed officers were 1045, representing 57 %. The County Public Service Board has engaged a total of 25 persons with disabilities. The Board has enhanced its recruitment process to adequately capture data on persons with disability. The Board continues to encourage them to apply for advertised positions, and also register with the Association for persons with disability. The Board has made 203 appointments from outside Kitui County. Meritocracy continues to be the guiding principle in the recruitment process and applicants are accorded equal opportunity. All the officers due for promotion based on meritocracy and the provisions of various schemes of service were promoted. CHAPTER THREE: IMPEDIMENTS IN THE PROMOTION OF VALUES AND PRINCIPLES The Board encountered various challenges in ensuring that Values and Principles were upheld. These included— (a) ICT uptake among the County employees has been low which makes most employees unable to access the documents uploaded on the County Website as well as using modern technology for information processing and communication; (b) Kitui County has low internet connectivity, making the offices especially those working outside the County Headquarters unable to effectively communicate and access internet; (c) insufficient public awareness on the role of citizens in governance and therefore low citizen participation in development issues; 22nd December, 2017 THE KENYA GAZETTE (d) inadequate knowledge on the constitutional provisions on devolution and other relevant legislations among public officers; (e) inadequate budgetary allocation to enhance the promotion of Values and Principles; (f) frequent power outages within the County; (g) officers from outside the county requesting for inter-county transfers and declining positions in Kitui owing to the vastness of the county, Semi-arid climate, insecurity, the difficult terrain thus defeating efforts towards patriotism, national unity and inclusiveness; (h) persons with disabilities and other special groups not applying for positions in the County while those that apply fail to indicate their status. Many officers and candidates with disabilities are yet to register with the relevant body. CHAPTER FOUR: PLANNED PROGRAMS IN UNDERTAKING PROMOTION OF VALUES AND PRINCIPLES (a) develop, produce and distribute more Information Education and Communication Material on Values and Principles in Kitui County; (b) sensitization workshops on Values & Principles; (c) induct new staff with regard to Values and Principles; (d) monitor compliance with the Values & Principles; (e) advise the County Government on its obligations under international treaties and conventions on need basis; (f) recruit the required personnel for the full implementation of KCIDP and KIVEST; (g) finalise the staffing of the village administration offices. CHAPTER FIVE RECOMMENDATIONS The Board recommends the following— (a) partnering with the County Assembly for public awareness creation on the role of citizens in governance and the need for full participation in development agenda and activities and employment creation; (b) facilitation in creation of an enabling environment for the exploitation of natural resources to create jobs for Kitui County residents; (c) observation of OSHA guidelines in public offices; (d) provision of adequate budgetary allocation to carry out activities that enhance promotion of Values and Principles in the County public service; (e) establishing points for public services at Huduma Centres; (f) have a county gateway at eCitizen portal for county services; (g) lobby for establishment of Huduma Centres at every Sub County Headquarter; (h) decentralization of the Council for the people with disabilities for easy access of its services. CONCLUSION The County Public Service registered substantial levels of compliance with the Values and Principles referred to in Articles 10 and 232 of the Constitution of Kenya 2010. However, there is still room for improvement in order to ensure that citizens of Kitui County fully benefit from the gains envisaged by the Constitution of Kenya 2010. The Board appreciates the cooperation accorded by the office of the Governor, the office of the County Secretary, Chief Officers and Sub County Administration during evaluation of the extent to which values and principles have been complied with in Kitui County Public Service. Further, the Board appreciates the Members of the Kitui County Assembly for the oversight role and the advice given from time to time on ensuring compliance with the values and principles. REFERENCES • The Constitution of Kenya, 2010. • The County Governments Act, 2012. • Public Service (Values and Principles Act) 2015. • Leadership and Integrity Act, 2015. • Kitui County Integrated Development. • The Kitui Vision for Economic and Social transformation 2015–2025. MR/4167079