GAZETTE NOTICE NO. 11769

in accordance with the Memorandum of Understanding between the County Government of Kisumu and the JHPIEGO Corporation (for USAID) Program. A total of Fifty Eight (58) Health Workers and seven (7) Governance and Administration officers’ (Sign Language Interpreters) had their terms converted from Six (6) months to Three (3) years contracts. Additionally, the Board renewed contracts for 206 officers from Health and Sanitation, Governance and Administration Departments. The number of employees in the Kisumu County Public Service stood at 4855 as at 30th September, 2022 comprising 62% female and 38% male. During the period under review, twenty-four (24) officers exited the County Public Service. Out of these, seventeen (17) retired from Service, five (5) resigned and two (2) died while in service. A total of twenty-two (22) officers are set to leave the County Public Service between November, 2022 and June 2023 on attainment of the mandatory retirement age. The Board issued advisories to the County Executive on compliance with biennial Declarations of Income, Assets and Liabilities (DIALs) for the 2019-2021 period and ultimately coordinated the submission of declarations by officers beginning 1st November 2021. During the period under review the Board continued to receive late submission of DIALs for 2021 declaration year. As at the end of 2022, 169 officers had not submitted their DIALs. The Board processed and participated in a number of court and disciplinary matters with positive outcomes resulting in the reinstatement of one officer and implementation of mediation agreements. The Board continued to prioritize co-operation and consultation with the County Executive in disciplinary and court matters. The Board was unable to accomplish most of the activities scheduled in its strategic and annual plans due to constant insufficient budgetary allocation. Nevertheless, with the available funds from the County Treasury and partnerships with relevant stakeholders, the Board was able to facilitate its activities and procure goods and services. It is important to note that the Board did not have any adverse audit queries during the period. PART A: GENERAL INFORMATION 1.0 INTRODUCTION The County Public Service Board is established pursuant to Article 235 of the Constitution of Kenya 2010 and Section 57 of the County Governments’ Act No. 17 of 2012. The functions of the Board are provided for under Section 59 of the Act. Section 59 (1)(d) of the Act, requires the County Public Service Board on behalf of the County Government to prepare regular reports for submission to the County Assembly on the Execution of the functions of the Board. Further Section 59 (1) (f) requires the Board to evaluate and report to the County Assembly on the extent to which the values and principles referred in Articles 10 and 232 of the Constitution are complied with in the County Public Service. The current members of the Kisumu County Public Service Board were appointed on 24thApril 2019, sworn in on 30th April, 2019 and gazetted on 4th June 2019 vide the Kenya Gazette Notice Number 5193 of even date. 1.1 FUNCTIONS AND POWERS OF THE COUNTY PUBLIC SERVICE BOARD The functions of the County Public Service Board are provided for/envisaged under Article 235 of the Constitution, and outlined in Section 59 of The County Governments Act as follows: • Establish and abolish offices in the County Public Service; • Appoint persons to hold or act in offices of the County Public Service including in the Boards; • Exercise disciplinary control over, and remove, persons holding, or acting in those offices as provided for under this part; • Prepare regular reports for submission to the County Assembly on the execution of the functions of the Board; • Promote in the County Public Service the values and principles referred to in Articles 10 and 232; • 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; • Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; • Advise the County Government on human resource management and development; • Advise County Government on implementation and monitoring of the national performance management system in counties; • 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. 1.2 INDEPENDENCE OF THE BOARD Section 59A of the County Government Act (as amended) provides for the independence of the County Public Service Board in the following terms: 3862 3862 “59A. In the performance of its functions, the county public service board shall- (a) Be independent and shall not be subject to the direction or control of any other person or authority; and (b) Adhere to the Constitution, this Act and any other relevant law.’’ 1.3 COMPOSITION OF THE BOARD Section 58 of the County Governments Act provides for the composition of the County Public Service Board as follows: “(1) The County Public Service Board shall comprise— (a) a chairperson nominated and appointed by the County Governor with the approval of the County Assembly; (b) not less than three but not more than five other members nominated and appointed by the County Governor, with the approval of the County Assembly; and (c) a certified public secretary of good professional standing nominated and appointed by the Governor, with the approval of the County Assembly, who shall be the Secretary to the Board.” The Kisumu County Public Service Board is composed of seven members as below: Charles Babu Karan (Mw.) Chairman of the Board Jacinta M. A. Kapiyo (Mrs.) Vice Chairperson to the Board Otieno Nashon Aluoka Member of the Board, and Chair for Discipline, Governance and Ethics Committee Edward Joash Kochung’ (Prof.) Member of the Board, and Chair for Recruitment, Selection and Capacity Development Committee Stephen Orot (Dr.) - Member of the Board, and Chairperson for Human Resource Audit and Performance Management Committee Jane Akinyi Oyare (Ms.) - Member of the Board, and Chairperson forFinance and Information Asset Hesbon Owuor Hongo (CS.) - Board Secretary and Head of Secretariat The Board established five (5) committees to facilitate the delivery of its mandate as follows: (i) Discipline, Governance and Ethics Committee (ii) Recruitment, Selection and Capacity Development Committee (iii) Human Resource Audit and Performance Management Committee (iv) Finance and Information Asset Committee (v) Agenda and Implementation Committee. 1.4 STRATEGIC OVERVIEW The Board commenced the implementation of its strategic plan for the period 2020 - 2024. The plan aims at guiding the Board in delivering its mandate and is a product of extensive collaboration and comprehensive feedback from all stakeholders. 1.4.1. VISION A responsive and performance driven County Public Service Board 1.4.2. MISSION STATEMENT To attract, retain, and transform County Public Service for efficient Service delivery 1.4.3. CORE VALUES The Board is guided by the following core values in the discharge of its mandate (i) Responsiveness (ii) Professionalism (iii) Teamwork (iv) Equity and Fairness (v) Integrity The Board’s Strategic Plan (2020-2024) represents the collective and objective views of the Board, staff and stakeholders. It outlines existing and emerging challenges and sets out strategic directions for the next few years. The plan formulation process presented an opportunity for the Board to review and align its mandate, functions and resources with the Governor’s Manifesto, Kenya Vision 2030 and Kisumu County Integrated Development Plan (CIDP). The objectives and strategies set out in this plan aim to strengthen the core activities of the Board, as well as invest in strategic initiatives that will focus on the following priority areas: - • Institutional capacity of the Board • Enhancement of Board’s performance • Values and principles • Partnership and networking 1.5 THE SECRETARIAT The Board has three (3) main departments headed by directors as follows: (i) Human Resource Management (ii) Finance and Administration (iii) Ethics and Governance. The Secretariat is headed by the Board Secretary/Chief Executive Officer and is responsible to the Board for the discharge of its mandate through the provision of technical and operational support. Table 1: Composition of Secretariat Staff by Gender, Designation and Job Group as at 31st December, 2022 Designation Job Group Male Female Total in Post Director Human Resource Management R 0 0 0 Director Ethics and Governance R 0 1 1 Director Finance and Administration R 0 0 0 Principal Finance Officer N 0 1 1 Senior Ethics and Governance Officer M 0 0 0 Chief Supply Chain Management Officer M 0 1 1 Chief Administrative Officers M 0 2 2 Legal Assistant K 0 1 1 Human Resource Officer K 1 1 2 Records Management Officer K 0 1 1 Supply Chain Management Officer I K 1 0 1 ICT Officer H 1 0 1 Accounts Assistant H 1 0 1 Sign Language Interpreter G 0 1 1 Cleaning Supervisor G 0 1 1 Driver I F 1 0 1 Driver II E 1 0 1 Support Staff III A 1 0 1 TOTAL 7 10 17 1st September, 2023 THE KENYA GAZETTE 1.6 OBJECTIVE OF THE REPORT Section 59 (1) (d) requires the County Public Service Board to prepare regular reports for submission to the County Assembly. Further, Section 59(1) (f) invites the County Public Service Board 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 are complied with in the County Public Service. The main objectives of the report are: (i) To ensure that the Board Complies with the relevant provisions of the County Governments Act, 2012, labour laws, regulatory requirements, corporate governance and best practices of human resource activities, as pertains to the preparation and submission of the annual report to the County Assembly (ii) To report the Board’s activities in a transparent manner to enhance transparency and accountability. 1.7 SCOPE OF THE REPORT This report covers the period from 1st January 2022 to 31st December, 2022 and covers all activities of the Board during the period. PART B: PERFORMANCE INFORMATION 2.0 PERFORMANCE REPORTS The Board discharged its various roles and functions through the five (5) Committees. Each Committee comprised of at least three Board members. The committees are: 1. Discipline, Governance and Ethics Committee 2. Recruitment, Selection and Capacity Development Committee 3. Human Resource Audit and Performance Management Committee 4. Finance and Information Assets Committee 5. Agenda and Implementation The Committees’ performance during the period under review was as outlined below. 2.1 RECRUITMENT SELECTION AND CAPACITY DEVELOPMENT COMMITTEE During the period, the Committee performed various functions as highlighted below: 2.1.1 RECRUITMENT AND SELECTION The Board filled through competitive process vacant positions in various offices and departments as shown below: - Description Total M F Youth PW D Dominant Community Non- Dominant Community Kisumu County Public Service Board 2 2 0 2 0 2 0 Health Department 69 35 34 54 0 61 8 Kisumu All Stars 14 14 0 13 0 14 0 Support Staff 8 5 3 4 0 7 1 RMT 241 181 60 2 240 1 Totals 408 237 97 73 2 84 10 2.1.1 CONVERSION OF TERMS FROM THREE YEARS CONTRACT TO PERMANENT AND PENSIONABLE During the period, the Board converted terms of engagement for 663 ECDE teachers from three (3) year contracts to permanent and pensionable. 2.1.2 CONVERSION OF TERMS FROM SIX MONTHS CONTRACT TO THREE YEARS CONTRACT During the period, the Board converted terms of engagement of Fifty Eight (58) Health Workers and Seven (7) Governance and Administration officers (Sign Language Interpreters) from short term contracts of six (6) months to three (3) year contracts. 2.1.3 ABSORPTION/TRANSITION OF AFYA HALISI (USAID) STAFF The Department of health made a provision in their budget for the financial year 2021/2022 to enable the Board to place the officers on an additional two and a half year contract having served previously for six months. Based on a memorandum of understanding between the County Government of Kisumu and the JHPIEGO Corporation for USAID, the Board transitioned sixteen (16) former Afya Halisi staff and placed them on a two and a half (2 1/2) year contract at the rates equivalent to the Universal Health Coverage workers. The officers had specialized training in reproductive health. 2.1.4 SUITABILITY INTERVIEWS The Board conducted suitability interviews for sixteen (16) Afya Halisi Staff who were engaged on short term contract for six (6) months to enable them be placed on long term engagement. The sixteen (16) officers were successful and were issued with two and a half (2 1/2) year contract as shown in (2.1.3). Seven (7) Sign Language Interpreters from Governance and Administration Department were also interviewed and all of them placed on a three (3) year contract. 2.1.5 CONTRACT RENEWALS During the period, the Board renewed contracts for officers in different departments as follows: Department No. of Officers Duration of Contract Health and Sanitation 149 3 Years Health and Sanitation (Medical Officers) 2 6 Months Governance and Administration ( Sign Language Interpreters) 7 3 Years Health and Sanitation (MOH/CIHEB) 33 1 Year Tourism, Sports, Arts and Culture 15 6 Months TOTAL 206 2.1.6 INDUSTRIAL ATTACHMENT FOR STUDENTS During the period, the Board accepted requests and placed two hundred and ten (210) students on Industrial attachment as follows– Department No. Of Students Agriculture 3 Livestock and Fisheries 1 Education, ICT and HRD 14 Finance and Economic Planning 71 Governance and Administration 6 Health and Sanitation 3 Trade, Energy and Industrialization 5 Housing and Urban Development 8 Kisumu City 26 Lands and Physical Planning 25 Roads, Transport and Public Works 30 Tourism, Culture, Arts and Sports 6 Water, Environment and Natural Resource TOTAL 210 2.1.7 TRAINING REQUESTS During the period under review, the Board approved training requests for the following officers: Name Course Duration David Okeyo (Dr.) Masters in Medicine (MMed) in Neurosurgery – Makerere University 5 Years 3864 3864 Name Course Duration Eugene Wanjala (Dr.) Masters in Medicine (MMed )in Psychiatry and Mental Health – Western Sydney University (Australia) 4 Years Beryl Atieno Juma Higher Diploma in Pediatric Nursing – Getrude Institute of Child Health and Research 1 year Merceline Amondi Onyango Higher Diploma in Psychiatric Nursing – KMTC – Mathare Campus 1 year Evelyne Oruko Masters in Public Health (Epidemiology and Population Health) – Maseno University Part time Maureen A. Ondego Diploma in Community Health Nursing – KMTC Kisumu Campus 2 Years Abigael Morn Kinda Higher Diploma in Critical Care Nursing – JOOTRH 1 Year The Board also approved requests for extension of study leave for the following officers: Name Course Duration Maurice Onyango Waga Extension of study leave to attend 1 Year Internship as posted by MOH 1 Year CONFERENCES/WORKSHOPS/SEMINARS AND MEETINGS In addition to the trainings, the Board and Secretariat staff attended various seminars, workshops and conferences as well as capacity building courses aimed at effective and efficient service delivery. Conference/Workshop/Meeting No. of participants Month ICPAK Economic Symposium 4 February Recruitment, Selection and Capacity Development Committee Retreat 7 February Institute of Certified Secretaries Training 8 February Institute of Pension Management Training 3 March IHRM 3RD East Africa Convention 4 April 26th Annual Institute of Certified Secretaries Conference 1 April Recruitment, Selection and Capacity Development Committee Retreat 3 April County Public Service Boards Election 4 April Kenya Veterinary Association Seminar 1 April Stakeholders’ validation forum on the Public Service Commission regulations. 1 May 20th Institute of Certified Secretaries Annual General Meeting 1 May CPSB National Forum Consultative Meeting 5 May CPSB Strategic Consultative Meeting 3 May Training On Assessing Human Resource Need 1 May 39th Annual ICPAK Seminar 3 May 2022 Africa Public Service Day National Celebrations 7 June Lake Region Economic Bloc Meeting 1 June Sensitization Training on Transition of County Governments 5 June Law Society of Kenya Annual Conference 2 July Discussion on Human Resource Needs Assessment 2 August Consultative forum on capacity building partnership with KSG Mombasa campus 2 September 2022 World Rabies Day Celebrations 1 September- October Cloud Management and IT Security 1 October Conference/Workshop/Meeting No. of participants Month Seminar 9th Annual Ernst and Young Tax Retreat 2 October ESAMI Human Resource Forum 1 October Retreat on Annual Reporting for the Year 8 October ISACA Kenya Chapter Governance Risk and Compliance Conference 1 October 27TH Annual Institute of Human Resource Management Conference 4 October 39th ICPAK Seminar Edition II 3 November Certified Human Resource Manager Course 1 November 6TH Annual HR Talent Summit 1 November Discipline, Ethics and Governance Committee Retreat 4 November Recruitment, Selection and Capacity Development Committee Retreat 8 November/D ecember Meeting with High Commission of India on Training Opportunities 3 December 2.1.8 WORK IN PROGRESS Hiring of Assistant ECDE Teachers and Vocational Training Centre Trainers is currently on hold. The process is awaiting confirmation of specific budget allocation from the Executive. 2.1.9 ON-GOING RECRUITMENTS Position Advertised Status Kisumu County Revenue Board Shortlisting done Chief Officers: 1) Medical Services, Public Health and Sanitation 2) Public Service, County Administration and Participatory Development 3) Trade , Tourism, Industry and Marketing 4) Sports, Culture, Gender and Youth Affairs 5) Water, Environment, Natural Resources and Climate change 6) Infrastructure, Energy and Public Works 7) Education, Technical Training, Innovation and Social Services 8) Finance, Economic Planning and ICT 9) Agriculture, Fisheries, Livestock Development and Irrigation 10) Lands, Physical Planning, Urban Development and Housing Deadline 19th December, 2022 Directors:- 1) Medical Services 2) Public Health and Sanitation 3) Human Resource Management 4) Administration and Public Affairs 5) Partnerships, Resource Mobilization and Diaspora Affairs 6) Trade, Marketing and Cooperatives 7) Tourism and Industry 8) Sports and Youth 9) Culture and Gender Affairs 10) Water and Natural Resources 11) Environment and Climate Change 12) Infrastructure and Public Works 13) Transport, Mechanical Services and Energy 14) Early Childhood Education ( ECD) 15) TVETS, Innovation and Social Services 16) Finance 17) Information Communication Technology ( ICT) 18) Economic Planning and Budgeting 19) Agriculture and Irrigation 20) Livestock and Fisheries 21) Lands and Physical Planning 22) Urban Development and Housing Deadline 19th December, 2022 Town Management Committee Members Deadline 23rd December, 2022 1st September, 2023 THE KENYA GAZETTE 2.2. HUMAN RESOURCE AUDIT AND PERFORMANCE MANAGEMENT COMMITTEE The Committee covers Human Resource Planning, performance Management and Employee Relations. Owing to limited resources, the Committee was unable to carry out most of its planned activities like Human Resource Audit and skills gap survey. These activities will be prioritized in the next performance period. 2.2.1 STAFFING LEVELS As at 30th September, 2022, the total number of staff engaged in the Kisumu County Public Service was as follows: Details No. of Officers Staff on the IPPD Payroll Male Female 1849 2256 Staff paid vide Payment Voucher 750 Total 1849 3006 Total No. of Officers in the Public Service 4,855 2.2.2. RE-DESIGNATIONS The Board re-designated a total of Fifty Six (56) officers during the period under review. 2.2.3 TRANSFER OF SERVICE During the period, the Board approved requests from an officer who transferred her services from the Kisumu County Public Service, Department of Health and Sanitation to Uasin Gishu County. 2.2.4 STAFF SEPARATION During the period under review, seventeen (17) officers retired from the County Public Service, twenty two (22) are due for retirement between December, 2022 and June 2023, five (5) resigned while two (2) officers regrettably passed on. 2.2.5 ON- GOING STAFF PROMOTION The promotion exercise for nine hundred and sixty four (964) officers from the following Departments is currently on-going:- Department No. of Staff Agriculture, Irrigation, Livestock and Fisheries Education, ICT and HRD 84 Finance and Economic Planning 104 Governance and Administration 34 Health and Sanitation 234 Energy and Industrialization 11 Kisumu City 205 Business, Cooperatives and Marketing 19 Lands, Housing and Physical Planning 15 Roads, Transport and Public Works 47 Tourism, Arts, Sports and Culture 9 Water, Climate Change and Natural Resource 38 TOTAL 964 2.3 DISCIPLINE, ETHICS AND GOVERNANCE COMMITTEE The Discipline, Ethics and Governance Committee is tasked with overseeing disciplinary control, ethics and governance and employee relations matters of the Board. This role extends to developing policies, providing strategic direction and leadership on all matters relating to discipline, ethics and governance in the County Public Service. 2.3.1 DISCIPLINARY AND COURT CASES During the period under review, the Board was actively engaged in processing various disciplinary and court cases forwarded by various departments as summarized below. Summary of court and disciplinary cases which the Board has been involved with during the period under review Case Progress/Status Dennis Otieno Ondago vs. County Government of Kisumu (1st Respondent) and Kisumu County Public Service Board -The matter was mentioned in Court on 4th February 2021 and a further mention for directions fixed for 11th Case Progress/Status (2nd Respondent) ELRC NO. 33 OF 2019 March 2021. -On 11th March, the Respondents requested to settle the matter out of court, which prayer was granted. -The parties however failed to reach a settlement and went back to court on 29th April praying for a hearing date, which was set for 5th October 2021. -The matter was heard to conclusion and is pending judgment on 9th February 2022. -On 9th February 2022 judgment was delivered. The matter was dismissed in its entirety for lack of merit. Benard Omondi Ouko vs. KCPSB, County Govt. of Kisumu and Abala Wanga. ELRC NO. E007 OF 2020. -The matter came up in court on 7th December 2021 for confirmation of filing of submissions and further directions will be given on 24th January 2022. On 1st March 2022 the matter was mentioned and 14th March given as the date of hearing. On 14th March 2022, the Defendants filed their submissions. On 15th June 2022, the petition was dismissed. The Petitioner served the Defendants with a notice of appeal which does not affect the status of the matter as no stay orders were granted. Kenya Medical Practitioners Pharmacists and Dentists Union vs. Council of County Governors, Cabinet Secretary Ministry of Health, Cabinet Secretary Ministry of Labour and Social Protection and all County Governments and Public Service Boards and Nairobi Metropolitan Services (interested party) ELRC NO. E6464 OF 2020. -On 23rd December 2020 the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) resolved to call off the strike after reaching a return-to-work formula agreement with the Government. -Status quo maintained Kenya National Union of Nurses vs. Kisumu, Kakamega, Nakuru, Kericho, Makueni, Laikipia, Murang’a, Nyeri, Nyandarua, Kiambu, Kitui and Kilifi Public Service Boards. ELRC NO. 64 OF 2020. -Most nurses resumed work after a series of court rulings that deemed their strike illegal, and ordered them to continue working as negotiations went on. -The Court also ordered that all disciplinary measures against the clinical officers be stopped and that employers pay salaries for all workers. -Kenya Union of Clinical Officers (KUCO) Chairman Peterson Wachira directed all members to resume work but also noted that their grievances remain unresolved. -Kenya National Union of Nurses (KNUN) Chairman Seth Panyako also cited the court order by Justice Maureen Onyango as a reason to call off the strike, and asked all the health workers to resume duty not later than 25th February 2021. -Status quo maintained. The Kenya National Union of -On 23rd February 2021, the Court 3866 3866 Case Progress/Status Nurses vs. Migori, Vihiga, Transnzoia, Elgeyo Marakwet, Nyamira, Uasin Gishu, Siaya, Busia, Kisumu and Nandi County Public Service Boards ELRC CAUSE NO. E017 OF ordered that all nurses resume work. The nurses complied, ending the 70 day strike. -The Court also ordered that all disciplinary measures against the nurses be stopped and that employers pay salaries for all workers. -Kenya National Union of Nurses (KNUN) Chairman Seth Panyako cited the court order as a reason to call off the strike, and asked all the health workers to resume duty not later than 25th February 2021. -Status quo maintained Mediation Matters; (a) Elizabeth Owino Otieno vs. County Govt. of Kisumu, ELRC NO. 307 of 2017 (b) Samuel Omondi Otieno vs. County Govt. of Kisumu, ELRC NO. 308 of 2017 (c) Elias Otieno Otieno vs. County Govt. of Kisumu, ELRC NO. 309 of 2017 (d) George Oloo Ongare vs. County Govt. of Kisumu, ELRC NO. 310 of 2017 (e) Tom Odongo Weda vs. County Govt. of Kisumu, ELRC NO. 311 of 2017 (f) Simon Otieno Onyango vs. County Govt. of Kisumu, ELRC NO. 312 of 2017 (g) Moses Odhiambo Menga vs. County Govt. of Kisumu, ELRC NO. 313 OF 2017 (h) Beatrice Akeyo Onduru vs. County Govt. of Kisumu, ELRC NO. 314 OF 2017 (i) George Onyango Kungu vs. County Govt. of Kisumu, ELRC NO. 315 of (j) Alice Khajievi Cheto vs. County Govt. of Kisumu, ELRC NO. 316 of 2017 (k) Benter Adhiambo Okumu vs. County Govt. of Kisumu, ELRC NO. 317of (l) Ali Ramadhan vs. County Govt. of Kisumu, ELRC NO. 318 of 2017 -Claimants had temporary contracts of employment with the now defunct Kisumu County Council and were sacked via sms on 22nd January 2014. The matters were referred to court annexed mediation proceedings, wherein it was agreed that they be reinstated and their letters be backdated to 1st November 2020. -In compliance, the Board issued the reinstatement offer letters on contractual basis for a period of 3 years beginning 1st November 2020 to the following: 1. Ali Ramadhan 2. Moses Odhiambo Menga 3. Elias Otieno Otieno 4. Tom Odongo Weda 5. Benter Adhiambo Okumu 6. George Onyango Kungu 7. Alice Khajievi Cheto 8. George Oloo Ongare 9. Samuel Omondi Otieno 10. Simon Otieno Onyango 11. Elizabeth Awino Otieno -Beatrice Akeyo Onduru is deceased. As at 3rd August 2021, only Ali Ramadhan had collected his letter. The rest declined the letters claiming they wanted permanent and pensionable terms of employment. The matter went back to court. On 7th October 2021, Judge Radido ordered the claimants to pick the letters of employment as they were. By February 2022, all claimants had picked their letters of employment. 1. Leonard O. Omondi vs. Kisumu County Govt., ELRC No 120 of 2020 2. Jane Awino Onyango vs. Kisumu County Govt. ELRC No 121 of 2020 3. Joice Akoth Apondi vs. Kisumu County Govt. -The Claimants entered into a temporary contract of employment with the now defunct County Council of Kisumu, were issued with appointment letters in 2013 and absorbed as accounts clerks at Treasurer’s department. They allege the contracts expressly implied that they would be absorbed on permanent basis upon expiry of the Case Progress/Status ELRC No. 122 of 2020 4. Maurice Otieno Origa vs. Kisumu County Govt. ELRC No. 123 of 2020 5. Juliana Akinyi Lalo vs. Kisumu County Govt. ELRC No. 124 of 2020 6. Andrew Juma Oliech vs. Kisumu County Govt. ELRC No. 125 of 2020 7. Geofrey Odhiambo Onoka vs. Kisumu vs. Kisumu County Govt. ELRC No. 126 of 2020 probation period. -In 2014 they were relieved of their duties via sms but continued working without pay and were never confirmed as permanent and pensionable employees despite numerous requests and appeals to the defunct county council and the new county government. -On 15th October 2021 the matters went for hearing and were all referred to mediation. On 10th December 2021, the matters were referred to mediation. Mediation meetings were held on various dates (19th January 2022, 2nd February 2022, 9th March 2022), but none of them were successful. On 9th March 2022 the mediation meetings were ended and the matters referred back to court. The Advocate representing the County Government of Kisumu and the Board filed a preliminary order in court. It is yet to be heard and no new date has been given. Lucy Atieno Matengo vs. KCPSB. ELRC NO. 282 OF 2018 formerly Lucy Atieno Matengo vs. KCPSB and H. E. Prof. Peter Anyang Nyongo -Ruling was delivered on 2nd May 2019 by thus;- (a) The claimant was sent on compulsory leave by the 2nd Respondent in his capacity as the Governor of Kisumu and not in his personal capacity. (b) The KCPSB was not involved in the matter at all. -Matter came up for hearing on 25th November 2020 and the Plaintiff’s case was heard to conclusion. -Defendant’s case was slated for hearing on 15th December 2020, during which the County Secretary and the Secretary to the Board were expected to testify. -On 25th November 2020, the matter was heard to conclusion and Judgment issued on 7th April 2021. -Plaintiff was awarded Ksh 2,539,120, the sum of Ksh 905,520 being for loss of salary and Ksh. 1,633,600 for gratuity. -Plaintiff’s prayer that the County government foots costs of the case was denied. On 22nd February 2022, the Board wrote to the County Attorney seeking an update and guidance as the Board was served with a demand letter from the Claimant’s advocate. The matter has come up on different dates (21st April 2022, 14th May 2022, and 27th September, 2022) for mention to confirm payments. The matter will be mentioned on 2nd November, 2022 to confirm compliance. Source: Ethics and Governance Department, December, 2021 1st September, 2023 THE KENYA GAZETTE OTHER ONGOING COURT MATTERS 1. Republic vs. Secretary, County Govt. of Ksm, Chief Finance Officer, County Govt. of Ksm and Secretary KCPSB Exparte (Samuel Ogonji and 31 Others) JUDICIAL REVIEW NO. E016 OF 2022 2. Kenya National Union of Nurses vs. Busia, Migori, Siaya, Kakamega, Kisumu and Nakuru County Public Service Boards. ELRC NO. E020 OF 2022. 3. George Nyakach vs the County Govt. of Ksm and KCPSB ELRC CAUSE NO. E021 0F 2022 4. Willish Otieno Ogutu vs the County Govt. of Ksm and KCPSB ELRC CAUSE NO. E022 OF 2022 5. Kennedy Odongo Sera vs. County Govt. of Ksm, KCPSB, The County Secretary, and Samuel Onyango Ong’ow (1st interested party), Pamela Apondi Omino (2nd interested party), Nyanjong’ Ouya Jabungu (3rd interested party), Evans Otieno Ofula (4th interested party), Patrick Lumumba Omedo (5th interested party), Aggrey odhiambo Ogosi (6th interested party), John Osumba Olum (7th interested party) and George Otieno Adenyo (8th interested party) ELRC NO. E57 OF 2021 A STATUS UPDATE ON THE ONGOING DISCIPLINARY CASES IN THE COUNTY The DEG Department gave a status update on disciplinary cases as highlighted hereunder and further deliberations led to the stated action points: Case Status Action Points Millicent Akama -The officer, a Laboratory Technologist III was admitted to undertake a Bachelors degree in Community Health at Kenya Methodist University vide a letter dated 10th August 2015. Vide a letter dated 2th January 2017, she was approved and released for study. -She failed to resume her duties upon completion of her studies -Salary stoppage was recommended -Summary dismissal was recommended based on the officer’s failure to appear before a disciplinary committee. -Establish to what point her salary was paid -Summary dismissal recommendation upheld Prisca Akeyo Oketch -The officer, a Registered Nurse II stationed at Chiga Dispensary absconded duty since 16th December 2020. -Minutes of a departmental Human Resource Management Advisory Committee (DHRAC) meeting on 31st March 2021 indicate that her request for early retirement was declined as she was under the mandatory retirement age of 50 years. -Salary stoppage was recommended -Summary dismissal was recommended based on the officer’s failure to appear before a disciplinary committee. - Establish to what point her salary was paid -Summary dismissal recommendation upheld Samuel Obiero Omino -The officer, employed as a Public Health Assistant 1 in the Department of Health and Sanitation, Nyando sub-county was found to have participated in the theft of Long Lasting Treated Nets (LLITNS) with an -Summary dismissal recommendation upheld Case Status Action Points estimated cost of Ksh. 8,525,000. -During his disciplinary hearing, it was established that he was involved in several other incidents of gross misconduct. -Summary dismissal was recommended Gordon Otieno Ojuola -The officer employed as Inspector, Buildings requested for leave to seek eye treatment. -He did not resume work despite his leave days lapsing and a warning letter being sent to him. -Summary dismissal was recommended based on the officer’s offence of desertion of duty -Summary dismissal recommendation upheld Caroline Cheptoo Kosgei -The officer, an enrolled nurse is accused of absconding duty with effect from 15th July 2021 -She allegedly forwarded her resignation letter to the county. The relevant office denies having received any such letter. -The officer failed to attend a disciplinary meeting she was invited for. -Recommendation for summary dismissal upheld Alexander Magambo Kaluoch -The officer, a Public Health Assistant I is accused of absconding duty with effect from 17th August 2021. -A letter of salary stoppage was sent to the County Secretary on 13th October 2021. -Recommendation for summary dismissal upheld Ntaayio Nailema -The officer is accused of absconding duty from 18th March 2016. -The officer failed to attend a disciplinary meeting he was invited to. -Recommendation for summary dismissal upheld John Willis Ojijo -The officer, a Nursing officer is accused of absconding duty with effect from 28th September 2021 and efforts requesting him to report back to work were futile. -A letter of salary stoppage was sent to the County Secretary on 5th November 2021. -The officer failed to attend a disciplinary meeting he was invited to. -Recommendation for summary dismissal upheld Diana Aluoch Odhoch -The officer, a Clerical Officer IV is accused of absconding duty. -Via a letter dated 6th July 2021 and referenced CGK/CS/ADM/13/VOL.1/164, the officer was deployed to the City of Kisumu from the Department of Education ICT and HCD for further deployment -On 19th July 2021, the officer wrote to the County Secretary through the City Manager -Recommendation for summary dismissal upheld 3868 3868 Case Status Action Points informing him of her request to be granted study leave. -There is no evidence showing that the officers’ request for study leave was approved -The City Manager wrote to the County Secretary requesting a withdrawal of the deployment of the said officer as she was on transit to her study leave and as a result would not meet the intended deployment purpose -The officer never reported back for further advice neither did she make any communication to that effect -The officer’s salary was stopped and disciplinary action recommended. -The officer failed to attend a disciplinary meeting she was invited to. ONGOING DISCIPLINARY CASES The following disciplinary cases are currently being handled by the Department of Ethics and Governance:- Name Status Action Points Dr. Erick Omondi Oduor -The officer, an Assistant Director Pharmacist at JOOTRH, on 10th March 2021, allegedly ordered for some drugs to be taken to Kisumu County Referral hospital due to short expiry. -On 14th April 2021, a show cause letter was sent to the officer to submit a report on the whereabouts of the said drugs and to show cause why disciplinary action should not be taken against him -He was sent on suspension via a letter dated 17th May 2021 after it was established that the drugs were not of short expiry and they did not reach the alleged final destination. During a disciplinary hearing it was noted that there was conflicting information on the reason for the drugs release, the receiving officer denied receipt of the said drugs and Dr Erick could not prove the alleged return as he had no requisite documentation to prove it. • What action was taken against the other accomplices if any? • Was the matter investigated? If so, by who? • Evidentiary documents alleged to have been used to return the drugs Titus Ondoro -The officer, a pharmacist is accused of not showing up to his new work station and his whereabouts being unknown. -His salary was stopped in July 2020. -He wrote to the County Secretary requesting for reinstatement of his salary in • Verify whether there is an existing Collective Bargaining Agreement and the contents thereof as alleged by the officer • Provide a copy of the CBA Name Status Action Points Feb 2022. -He was invited to a disciplinary meeting but never showed up. -Summary dismissal was recommended. Joseph Mang’ana Amimo -The officer, a senior driver III is accused of absconding duty. -A letter of salary stoppage was written to the County Secretary -The officer responded via a letter denying the accusations levelled against him -He never showed up to a disciplinary meeting he was invited to. • The DEG Committee to hear his side of the story as he wrote a letter denying the allegations levelled against him 2.3.2 POLICY FORMULATION/DEVELOPMENT The following policies were planned for development in the 2022 Annual Work-plan, but were never developed: 1. Discipline Procedure Manual 2. Code of Ethics for Public Service 3. National Values and Principles Implementation Guidelines 4. Occupational Safety and Health Policy 5. County Anti-Corruption Policy 6. Code of Conduct and Ethics for Board Members Action Points: • The policies should be developed internally by the Secretariat on a priority basis and experts invited to review them during and/or before adoption and/or implementation. The following policies were selected as being of top priority: • Discipline Procedure Manual • Code of Ethics for Public Service • Implementation Guidelines for National Values and Principles • Collaboration with relevant stakeholders to fast track development and/or customization of the Occupational Safety and Health Policy and County Anti-corruption Policy • The Delegation of Mandate instruments be updated and officially formalized LITIGATION DEG Committee has continued to ensure improved and sufficient legal representation of the County Government in legal matters. However there have been concerns about some of the lost cases. 2.4 AGENDA AND IMPLEMENTATION COMMITTEE The Agenda and Implementation Committee is tasked with implementation of the Board’s agenda. This role encompasses coordinating and monitoring the implementation of the Board’s strategic plan, as well as the development and monitoring of annual work plans. During the period under review, the Agenda and Implementation Committee supported all internal and external activities by the various committees of the Board and also facilitated the actualization of inter departmental and intra departmental activities within the Board Secretariat. The Committee prioritized planning and coordinating of the said activities with a view of actualizing the Board’s strategic plan and annual work plan. 1st September, 2023 THE KENYA GAZETTE The Board, under the auspice of the Agenda and Implementation Committee conceptualized and operationalized its inaugural Implementation Status Tracking Tool for purposes of monitoring implementation of Board resolutions and overall agenda, and enhancing accountability in service delivery. 2.5 FINANCE AND INFORMATION ASSETS COMMITTEE The Finance and Information Assets Committee is charged with the responsibility of mobilizing financial resources, sourcing for and funding the Board’s activities. It is also mandated with the protection of both physical and digital information assets of the Board. 2.5.1 BUDGET IMP LEMENTATION IN THE YEAR 2022 The budgeting process for the Board focuses on programmes that support the acquisition and maintenance of skilled and competent personnel for Kisumu County. In the FY 2021/2022, the Board’s approved budget was Ksh. 75,031,463, which was a 9.08% increase from the Ksh. 68,784,043 final budget allocation in the previous FY 2020/2021. The Board was able to utilize 88.20% of the budget in the FY 2021/2022. The deviation of 11.80% was mainly from personnel emoluments that were not charged to the Board, social benefits that were processed but not remitted and amounts for operations that were also processed but not remitted as at the close of the financial year. The current budget allocation for FY 2022/2023 is Ksh. 88,833,775, a further increase of 18.40% from the FY 2021/2022 budget allocation. Due to delay in releasing of funds for operations to county departments and offices, the operations are yet to start in the current financial year. During the year 2022, the Board did not get its required budget allocation, and was therefore constrained in achieving its objectives. This impeded critical and strategic activities such as Human Resources Audit for the County, policy development, acquisition of robust Human Resources and Information Management Systems Software and the supporting hardware and the construction of a modern office complex with adequate space for staff. PART C: COMPLIANCE WITH NATIONAL VALUES AND PRINCIPLES UNDER ARTICLES 10 AND 232 OF THE CONSTITUTION 3.0 INTRODUCTION Section 59 (1) (f) of the County Governments’ Act No. 17 of 2012 required the Board to evaluate and report to the County Assembly on the extent which Values and Principles referred to in Articles 10 and 232 of the Constitution of Kenya 2010 are complied with in the County Public Service. 3.1 COMPLIANCE WITH DECLARATION OF INCOME, ASSETS AND LIABILITIES 2019-2021 Section 26 (1) of the Public Officer Ethics Act, CAP 183 Laws of Kenya (Revised, 2012), provides that every public officer shall, once every two years, submit to the responsible commission for the public officer a declaration of the income, assets and liabilities of himself, his spouse, or spouses and his dependent children under the age of 18 years. During the period under review, the Board continued to receive late submission of DIALs pursuant to Section 26 (1) of the Public Officer Ethics Act, and accordingly maintained a comprehensive updated register of DIALs. The analysis of submitted DIALs was completed. The status of compliance is as outlined below. Category of responsible Agency a) Number of Public/State Officers as at 31 December b) Number of financial declarations received by 31 December c) Number of financial declarations not received by 31 December 1 Job Group M and ABOVE 753 719 34 2 Job Group L and Below 3913 3778 135 Total 4666 4497 169 The Committee ensured that a good number of officers submitted their DIALs forms. The Committee reported to the Assembly on the status of the DIALs compliance in the County. The submitted DIALs did not include initial and final declarations. It emerged that majority of the County public officers are not conversant with the proper manner of completing the wealth declaration forms. Consequently some information is omitted, vague and/or misplaced. Action Points: • The Board has directed that appropriate disciplinary action be instituted against the non-compliant officers • Relevant capacity building to be prioritized for purposes of enlightening county public officers on the proper manner of completing the DIALs forms. • Checks to be put in place at departmental level for accountability purposes to ensure all collected forms are delivered to the Board. This is due to many officers blaming non-submission of their forms on their heads of department. Other activities on compliance with National Values and Principles under Articles 10 and 232 of the Constitution that were scheduled were not done due to financial constraints that the Board experienced during the year under review. PART D: CHALLENGES, RECOMMENDATIONS 4.0 CHALLENGES The Board did not manage to carry out critical activities, such as a Comprehensive Human Resource Audit, procurement of Integrated Human Resources Management and Information System due to inadequate budget allocation. Policy development has also been hampered by lack of adequate funds, yet it is a key component of managing performance at the County Public Service. 4.1 RECOMMENDATIONS The Board will continue to mobilize funds from partner institutions to complement the mainstream sources of funds, as well as petition the County Assembly for adequate funds. The Board will also enhance collaboration with the other departments of the county to ensure seamless flow of information for prompt decision making at the Public Service Board. The Discipline Ethics and Governance Committee also recommends that the County organs involved in disciplinary matters should expedite resolution of the matters. There is also need to involve expert(s) willing to volunteer their services to assist in the review and finalization of pending policy documents and also carry out periodic follow-ups to ensure departmental matters are dealt and dispensed with in a timely manner. PART E: PROPOSED ACTIVITIES 5.0 PROPOSED ACTIVITIES FOR THE YEAR 2023 The Board will prioritize the following activities in the next performance year: S/No. Activities Strategic Activities Review of Human Resource Policies and Procedures Manual Recruit County Public Service Board Secretariat to fill the vacant positions in line with the Strategic Plan for 2020-2024 Conduct Human Resource Audit Development of Code of Conduct and Ethics Acquire and operationalize an Integrated Human Resource Management Information System Operational Activities Implementation of the Annual work plan Sensitize the County Executive on the role of the Public Service Board Promotion of Values and Principles Implementation of the report of the baseline survey on the status of compliance with values and principles under Articles 10 and 232 within the County Public Service. Quarterly outreach for sensitization on Articles 10 and 232 of the Constitution Undertake ethics risk assessment Hold a County Integrity Conference 3870 3870 S/No. Activities Performance Management and Staff Rewards Monitoring and evaluation of the implementation of performance contracts and staff appraisals within the County Public Service 5.1 CONCLUSION During the period under review, the Board made notable progress in Human Resource Performance Management through conversion of employment terms from contract to permanent for a significant percentage of county staff, as well as promotion of more staff. In the ensuing year, the Board will prioritize policy development and staff capacity building to enhance individual performance and improve overall productivity within the County Public Service. MR/5150067