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GAZETTE NOTICE NO. 3628

GAZETTE NOTICE NO. 3628

THE COUNTY GOVERNMENTS ACT

(No. 17 of 2012)

ESTABLISHMENT


the following who hold Certified Public Secretary Certificate. Yvonne Akinyi Achitsa (ID/25283384) Madegwa Kelvin Amwoka (ID/24262695) They were invited for an interview on 13th July, 2016 at the County Boardroom. However, only one candidate showed up for the interview— Madegwa Kelvin Amwoka. The report was presented to H. E. Hon Moses Akaranga who then nominated John Saul Naviava and presented his name to the County Assembly. Mr. Naviava, a Certified Public Secretary was successfully vetted by the Vihiga County Assembly and subsequently appointed by the Governor on 2nd May, 2017, after being sworn in. He brings with him a vast experience as an administrator having been a teacher with seven (7) years as a high school principal. The Vihiga County Audit Committee. The County Public Service Board received a request to recruit a Chairperson and three members of the Vihiga Audit Committee vide a memo dated 10/10/2016, Ref. No. CS/ADMN.1/12/16VOL. I. VII/202 from the County Secretary. Consequently, an advert was placed in the Star daily newspaper on Tuesday, 28th March, 2017, posted on the county website and distributed the same to all ward county offices through the Sub- county administrators on Tuesday, 28th March, 2017 to run from to the 14th April, 2017. The positions advertised were for one Chairperson and three Members of the County Audit Committee. This is as per section 155 (5) of the Public Finance Management (Act 2012), Public Finance Management (County Government) Regulations, 2015 section 167, and Guidelines for Audit Committees in County Government Entities, June 2016 The Board in its full sitting of 27th April, 2017 shortlisted twelve (12) applicants from a total of 16. The interviews were held on the 11th May, 2017. The successful candidates were: Chairperson Name Age ID. Number Sub-County Ward Academic Qualification Professional Qualification Experience Ambrose Otieno Agenga 38 20925676 Homabay; Rachuonyo Bachelor of Commerce (Finance Option) Master of Business Administration Finance Option Certified Public Accountant (K) Past 12 years worked as an Accountant with Kenya Revenue Authority, Competition Authority and currently with Salaries Remuneration Commission as an Assistant Director, Finance. Members Name Age ID. Number Sub-County Ward Academic Qualification Professional Qualification Experience John Aguka Ayugu 40 14721133 Hamisi Banja Bachelor of Commerce CPA section 3 5 years of experience as an Audit Assistant at Invest and Grow Sacco, and one (1) year experience as FOSA Supervisor. Zephaniah Avedi Buliva 68 0249557 Vihiga Wamuluma B.A. (Hons.) Ed B.A. (Hons.) Ed 20 years of experience in the public sector that includes being a Chief Principal and Director of Education. Claris Chematya Kipkolum 44 11145174 Kakamega Nzoia Bachelor of Business Administration with IT (Finance Option) CPA (K) Chief Accountant at Home Lime Company Limited and has a vast experience in the finance sector having risen in the ranks to her present position. The table below gives a summary of the candidates: Male Female Youth PLWD Dominant Tribe Non- Dominant 75% 25% 0% 0% 50% 50% The exercise was completed and the report was forwarded to H. E. Hon. Rev. Moses Akaranga. However, due to the political dispensation at the time, the Audit Committee was not sworn in. The report has since been presented to the Governor, H. E. Hon. Dr. Wilber Otichillo. Recruitment of Fifteen Chief Officers, the County Secretary and County Director Internal Audit On the 24th August, 2017, the Vihiga County Public Service Board received a request vide a letter Ref. No. ADMIN1/25 VOL.1/121 from the incoming Governor H. E. Hon. Dr. Wilber Otichillo requesting for the recruitment of qualified persons in the positions of County Executive Committee Members (10 Posts), Chief Officers (15 Posts), County Secretary (1 Post) and Internal Auditor (1 Post). The Board placed an advertisement in the Daily Nation newspaper on Tuesday the 29th August, 2017 and posted the same on the Vihiga County Website and also placed it on the notice boards of sub-county and ward offices in the county offices to run from the 29th August, 2017 to the 8th September, 2017. Shortlisting was done and subsequently the successful candidates invited for interviews from 2nd October, 2017 to 22nd November, 2017. The following has since been actioned: (a) The Board has since appointed Joseph Agola Ollando (ID/11633883) as the Director, Internal Audit. He was formerly the Assistant Director, Finance, Vihiga County. He holds a Masters of Business Administration – Finance Option and is a Certified Public Accountant of Kenya. (b) The Board interviewed 28 candidates for the position of County Secretary and Head of Public Service as prescribed in Section 44 (2) (a) of the County Governments Act, 2012 and forwaded three persons to H. E. the Governor who nominated Francis Angueyah Ominde. He was eventually appointed after successful vetting by the Vihiga County Assembly. His details are as hereunder: Personal Background He is a male adult born on the 21st October, 1970 in Nandi County, married, has a home in Ikumba Village, Ikumba Sub-location, Vihiga County and currently working as the County Secretary, Nandi. Academic Background (a) He holds a Master’s Degree in Business Administration, Human Resource Management option, Maseno University having obtained it in 2007. (b) A Bachelors of Education Degree, Science, Moi University, obtained in 1996. (c) Kapsabet Boys High School, Kenya Certificate of Secondary Education, 1990, Mean grade B minus. (d) Kapkangani Primary School,1986, Kenya Certificate of Primary Education, 62 points. Professional Experience (a) Since 2013 to date, he is the County Secretary, Nandi County. (b) 2009—2013 served as Senior Assistant Director of Human Resource, Ministry of State for Public Service, Office of the Prime Minister. (c) 2008—2009 Served as the Principal Human Resource Development Officer, Ministry of State for Public Service. (d) 1996—2008 Served as an employee of Teachers Service Commission, Senior Graduate Teacher. Professional Training (a) 2014; Managing change in the Public Service, ESAMI. (b) 2013; Induction course for County Secretary, Kenya School of Government. (c) 2013; Induction Programme for Governors and deputy Governors, Great Rift Valley Lodge, Naivasha. (d) 2012; Innovative leadership for organizing growth and Excellence, NIESBUD, India. (e) 2012; Seminar on Technical and Vocational Education and Training Macro Policy of Kenya, China. (f) 2012; Certified Civic Education for Senior Public Officers Course K.S.G. (g) 2011; Disability and gender Mainstreaming Sensitization in the Public Service K.S.G. (h) 2011; Managing the Training and Development function in the Public Service ESAMI. (i) 2011; Reports and Minute writing Course, British Counsel. (j) 2011; Strategic Leadership Development Programme, K.S.G. (k) 2010; Trainer of Trainers Course, KS.G. (l) 2010; Electronic Records Management course, K.S.G. (m) 2009; Performance Management Course for senior Public Service Practitioners, K.S.G. (n) 2009; Speech writing skills course, K.S.G. (o) 2004–2007; TOT for Teachers, SEMASTEA. 20th April, 2018 THE KENYA GAZETTE The Board also recommended three persons for the position of Chief Officer Finance and Economic Planning from which Mr. Livingstone Luvatse Imbayi was successful having been nominated by H. E. the Governor, vetted by the Vihiga County Assembly and subsequently appointed to this position. His details are as hereunder: Name Age ID. Number Sub-County Ward Academic Qualification Professional Qualification Experience Livingstone Luvatse Imbayi 37 21936550 Ikilomani Idakho MBA, Finance BBM, Finance Member ICPAK 9270 County Controller of Budget; Office of the Controller of Budget National Government The Board completed the report from the interviews conducted for the remaining 14 positions of the Chief Officers. The report, dated 29th November, 2017 was presented to H. E. the Governor on 1st December, 2017. The report is in full compliance of Chapters 10 and 232 of the Constitution of Kenya. Suitability Interviews Suitability interviews were conducted for various staff who had been engaged for a year on contract and the departments still required their services. They had initially been engaged as a temporary measure to facilitate a continuation in the public service after all casuals had been terminated by the Executive. The County Public Service Board invited these officers for suitability interviews before renewing their contracts for a further one year to allow the departments to fill these vacancies permanently. Chapter Six documents were required from all these staff. The table below shows the schedule of the interviews. Date Department Number of employees 7th February, 2017 Agriculture, Livestock, Fisheries and Co-operatives 13 7th February, 2017 Gender, Culture, Youth and Sports 11 10th February, 2017 Environment, Water, Natural Resources and Forestry 62 21st February, 2017 Public Service and Coordination of County Affairs 85 21st February, 2017 Radio FM 10 23rd February, 2017 Transport and Infrastructure 38 28th February, 2017 Industrialization, Trade and Tourism 80 24th March, 2017 Health Services 11 27th June, 2017 Public Service and Co-ordination of County Affairs 95 27th June, 2017 Lands, Housing and Urban Development 20 28th June, 2017 Education, Science and Technology 5 TOTAL 430 Employment of Staff at the Mukhalakhala Slaughter House The Public Service Board had received an indent from the Department of Agriculture, Livestock, Fisheries and Co-operatives and the Cabinet’s approval on employment of 32 staff at the slaughter house. The Board held suitability interviews on 13th June, 2017 and 14th June, 2017 before engaging the officers on a one year contract. REGULARIZATION OF THE STAFF FOR OFFICE OF THE GOVERNOR AND DEPUTY GOVERNOR The law provides for the the Governor and Deputy Governor to appoint persons of their choice to fill the following positions. However, the same must be regularized by the Board. The following person’s appointments were regularized by the Board in the specified positions: Position Name The Chief of Staff Noah Asanga Okaya Personal Assistant to H. E. the Governor Christopher Amwayin Onyango Legal Advisor Geoffrey M. Sore Economic Advisor Jairus B. Amayi (Dr.) Personal Assistant to H. E. the Deputy Governor Selvenus Lumuli Godia Personal Secretary to H. E. the Deputy Governor Florah Khaleha Mwashi Driver Wittman Amaliaji Musiikhu Office Messenger Wycliffe Amoshe Luvuga Gardener Victor Luvayo Amuni PROMOTIONS Since January 2017, the Board has promoted 94 officers from the following two departments. The number per department is as shown in the table below. Department Number of Officers Promoted Health Services 57 Administration and Co-ordination of County Affairs 27 TOTAL 94 This has motivated the officers to do a better job. UNDERSTANDING AND IMPLEMENTATION OF THE NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE AS OUTLINED IN ARTICLE 10 AS WELL AS VALUES AND PRINCIPLES OF PUBLIC SERVICE STIPULATED IN ARTICLE 232 OF THE CONSTITUTION OF KENYA Article 10 (2) of the Constitution provides the National Values and Principles of Governance as follows: (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 marginalized. (c) Good governance, integrity, transparency and accountability. (d) Sustainable development. Article 232 of the Constitution further provides for the principles that inform public service which include; (a) High standards of professional ethics. (b) Efficient. (c) Effective and economic use of resources. (d) Responsive, prompt, effective, impartial and equitable provision of services. (e) Accountability for administrative acts. (f) Transparency and provision to the public of timely, accurate information; fair competition and merit-based appointments and promotions. (g) Public participation in policy making processes. (h) Representation of diverse communities. (i) Affording adequate and equal opportunities for appointment, training and advancement at all levels of public service of men and women the members of all ethnic groups and persons with disabilities. These principles are binding on all State organs, State officers, public officers and all persons whenever any of them applies in public policy decisions. The County Public Service Board is mandated to ensure the implementation of these values and principles in the county public service. The Board in fulfilling this mandate, did the following: (a) During the year, it made it mandatory for all the contract staff to avail the Chapter Six documents before having their contracts renewed. (b) In its advertisement for the position of Chief Officers, all applicants were to present Chapter Six documents alongside their academic testimonials. (c) Played a big role in transition on issues on Human Resource Management, giving advice and direction as situations arose and whenever called upon to do so. (d) Provided advisory/ informal counseling sessions to staff and departments during the transition period especially on the handling of staff in regards to their engagements with the County Government. (e) On receipt of an indent, advertised and sought for qualified persons to fill the senior vacant positions competitively, and without discrimination or favor. (f) Invited competent senior professionals as panelists to ensure a fair recruitment process that would churn out competent persons to fill up the senior vacant positions. TRANSITION ISSUES The Vihiga County Public Service Board has played a key role in the transition process. It has been involved in ensuring that the new government settles down and starts to work. This has been by appointing staff in the office of the Governor and Chief Officers. DECLARATION OF INCOME, ASSETS AND LIABILITY (DIALS) Provision of Public Officers Ethics Act (POEA) and regulations in relation to DIALS ensures that public officers are accountable when they discharge their duties. Reasons for Declaration (a) Detect and prevent corruption practices. (b) Evaluate potential conflict of interest. (c) Promote accountability. (d) Ensure prudent management. (e) Increase public confidence. Every public officer is to make declaration of DIALS of self, spouse and dependent children under 18 years. 20th April, 2018 THE KENYA GAZETTE THE ROLES OF THE COUNTY PUBLIC SERVICE BOARD AS REGARDING DIALS (a) The Vihiga County Public Service Board ensures that every newly employed public officer fills DIALs Forms 30days after employment, initial declaration. (b) Once every two (2) years, all employees fill DIALS; Biennial Declaration. All employees exiting fill DIALS 30 days of exiting Public Service- Final declaration (Section 26 of the Public Officer Ethics Act, No.4 of 2003). 2017 BIENNIAL DECLARATION The Vihiga County Public Service Board wrote a letter to all the Chief Officers informing them of Wealth Declarations and the need to have them filled at the appropriate times as required by law. December 2017, being the year for the declaration, all the Chief Officers were reminded to communicate to all the employees to need to fill and submit the forms to the Departmental Human Resource Office for onward submission to the County Public Service Board by 30th November, 2017. The departmental heads have also been requested to submit the names of those that have not filled and submitted the forms for further action to be taken to be taken against them. The role of the Board is to act as a custodian of the DIALs Forms, liaise with the EACC and other Agencies on issues that may arise, report annually to EACC on any administrative sanctions and breaches in relation to the DIALS. The roles of the Commission (CPSB) (a) They are the custodian of the DIALs Forms. (b) They verify the content. (c) Lease with the EACC and other Agencies. (d) Annual reporting. (e) Administrative sanction and breaches. THE BOARD’S PARTICIPATION IN NATIONAL AGENDA (1) 27th–28th February, 2017: CBA negotiation Consultative Meeting at Travelers’ Beach Hotel, Mombasa. This was the first major meeting between the County Public Service Boards, The National Government and the Kenya Union of Nurses on the proposed Collective Bargaining Agreement. The Chairperson, Carolyne Enane, was part of the Negotiation Team. This meeting was further to a meeting held at the Council of Governors offices at Delta House Nairobi on 20th February, 2017 where the parties agreed to. The meeting was to be attended by all members of the Negotiation Committee from County Public Service Boards, National Government and Kenya National Union of Nurses. The purpose of the meeting was to review progress made with the objective of concluding negotiations in readiness for the registration and implementation of the Collective Bargaining Agreement. There were several other meeting held thereafter, and the composition of the Negotiation team reconstituted to include Chief Officers, County Secretaries and Cabinet Executive Members. (2) 3rd–4th May, 2017: Workshop for officers managing the Declaration of Income, Assets and Liabilities (DIALS) in the county public service boards at ARC, Egerton, Njoro. The EACC organized a two day workshop for officers managing the Declaration of Income, Assets and Liabilities (DIALS) in the County Public Service Boards . WORKSHOP OBJECTIVES (a) To equip participants with knowledge and skills necessary to carry out their roles of managing DIALs in the workplace in the context of the existing ethics framework in Kenya. (b) Discuss and appreciate the challenge of corruption and unethical conduct in county governments. (c) Discuss and delineate the roles of the County Public Service Boards in promotion of ethics and integrity in county governments. (d) Highlight the legal framework for implementing Chapter Six of the Constitution. (e) Equip participants with skills and knowledge on management of gifts and conflict of interest. (f) Discuss the legal requirements on financial disclosures DIALS as a tool for accountability in the public service. (g) Enhance the capacity of participants on management of DIALS in the workplace. (h) Enhance collaboration and partnership in enforcement of compliance of the legal provisions on DIALs. (i) Agree on the way forward in the promotion of integrity and management of DIALS in county governments. (3) 18th–19th May, 2017: Salaries and Remuneration Commission Job Evaluation Clinics for County Governments at the Laico Regency Hotel. The Salaries and Remuneration Commission completed a Job Evaluation exercise in the Public Service and the County Government Sector. Job analysis phase had been concluded followed by job documentation, job evaluation and subsequent preliminary results of job grading structures. The Commission organized sensitization clinics for the County Governments Job Evaluation Sector to present the Job Evaluation results for validation. The meeting was to be attended by the Chairperson and Secretary to the Board. (4) 8th–9th June, 2017: The 9th LAPFUND Annual General Meeting at The Sarova White Sands Beach Resort and Spa, Mombasa. Local Authorities Provident Fund is a Retirement Benefits Scheme established by an Act of Parliament Cap. 272 Laws of Kenya and regulated by the Retirements Benefits Authority with the mandate to offer retirement benefit services for employees of County Governments and Associated Companies in Kenya. In line with the Retirement Benefits and Regulations, LAPFUND Board organized the 9th LAPFUND Annual General Meeting to update its members and sponsors on Scheme matters. The invitation was for the Chairperson and the Secretary Vihiga County Public Service Board. The Vice Chairperson and the Secretary represented the Board. (5) 28th–29th September, 2017: The second Consultative meeting on management of Human Resource issues in the County Government Transition at the Travelers’ Beach Hotel, Mombasa. The meeting was organized by the County Public Service Boards’ Consultative Forum for all the Chairpersons, Secretaries and Steering Committee Members. It was a follow-up meeting to a previous Forum Consultative meeting that had been held at the Kenya School of Government. The objective of the meeting was to address and agree on a way forward on among others the matters listed below: (a) Contracts of existing County Chief Officers and other staff vis a vis recruitment of new ones. (b) Common norms and Standards in the recruitment of employees in the County Public Service. (c) Review of the County Governments Act 2012 and the new Public Service Commission Act. (d) Financial independence of County Public Service Boards. (e) Management of County Public Service Boards’ relationship with the Council of Governors. (f) Petition on Constitutional and Statutory Autonomy of County Public Service Boards’. (6) 4th–8th December, 2017: The 5th County Public Service Boards’ National Consultative Forum Annual Convention. The CPSB Forum was established in December 2013 when the members from Boards from all the counties met and agreed. It was registered by the Registrar of Societies on 21st August 2014. It has membership of all the 47 County Public Service Boards. The Forum seeks, among other objects— (a) to articulate issues specific to mandates of the respective theme was Governance and Ethics; (b) to build consensus among all the 47 counties; and (c) to provide and show the necessary leadership required for the success of devolution system of government. The members from all the 47 County Public Service Boards meet annually and this year the meeting was held at Leisure Lodge in Ukunda, Kwale County. The theme was “48 Governments, 1 Nation, Rebuilding the Kenyan Dream”. (7) 19th December, 2017 Signing of the Clinical Officers Collective Bargaining Agreement at the Council of Governors Office Nairobi. The meeting was attended by County Public Service Boards Chairpersons, County Executive Committee Members, Chief Officers, Kenya Union of Clinical Officers and other Stakeholders. H. E. Governor Nanok, Turkana County and Chair Council of Governors was happy with the signing of the Recognition Agreement and promised to work with all Stakeholders to make sure that the Collective Bargaining Agreement was signed within the stipulated period. He congratulated all the stakeholders for their involvement and participation in making the exercise of signing Recognition Agreement a success. Thereafter all counties proceeded to signing their Recognition Agreement. CHALLENGES (1) Financial Constrains The County Public Service Board usually has a work plan of its annual activities. However, the major challenge it faces in executing its activities as planned is inadequate finances. The funds are disbursed in piece meal and in most times late. There has generally been a decrease in the County Public Service Board’s annual budgetary allocation in each subsequent financial year. This has made it hard to execute its mandates as planned and we seek the intervention of the County Assembly. (2) The Board Secretariat Staff The Board is limited in terms of workforce. The structure provides for additional staff but due to a limited budget, it has been unable to recruit. This has adversely affected the Board operations. (3) Office Space The building that the Board currently occupies is not adequate for its operations. It has got few offices, a small boardroom and inadequate abolition facilities. (4) Inter–County Transfers Most of the people of Vihiga County working in other counties are requesting for intercounty transfers with non-residents of Vihiga County and this depletes the one third minority reserved for non-residents of Vihiga County. (5) Mainstreaming of People with Special Needs In an effort to ensure inclusiveness as required by the Constitution of Kenya, the County Public Service Board in its job advertisements encourages women, youth and people with disabilities to apply for jobs. It has been a big challenge to attain this threshold since in most cases, the said category does not apply for jobs, in cases where they do, they lack the minimum job requirements. (6) Gender Balance Male and female candidates excel in different professional skills and capabilities. Some technical professions attract fewer female applicants than male applicants. This becomes a challenge in trying to achieve gender balance. WAY FORWARD (1) The Board would like to appeal to the members of the County Assembly to support it and enhance its Budget. During the Financial Year 2015/16, it was allocated KSh. 54, 216,780. 20th April, 2018 THE KENYA GAZETTE (2) For 2015/16, the County Public Service Board had initially proposed KSh. 103,562,000 which was forwarded to the Cabinet and was reviewed downwards to KSh. 85,516,780 and when presented to the County Assembly Budget Committee it was further reviewed downwards to KSh. 46,792,161. (3) For 2016/17, the County Public Service Board had a proposed budget of KSh. 78,386,769. However, the approved budget is KSh. 49,131,769. This is inadequate for the Board to run its operations smoothly and it has raised a supplementary budget. We appeal strongly for your support. (4) For technical jobs especially those in medical field, there are less applicants from within the County hence it’s important to encourage parents to support and encourage their children to train in this fields. (5) The Board intends to recruit more staff in its secretariat for effective and efficient service delivery. NAVIAVA JOHN S, MR/4790376 Secretary /C.E.O., County Public Service Board.

Dated the 20th April, 2018.

NAVIAVA JOHN S,

Secretary /C.E.O., County Public Service Board.

Extracted Entities (1)

previous_gazette_ref

3628

Details

Act / Legislation
THE COUNTY GOVERNMENTS ACT
Reference
No. 17 of 2012
Section
section 59
Signed By
NAVIAVA JOHN S
Title
Secretary /C.E.O., County Public Service Board
Date Signed
20th April 2018
Page
24
Extraction Method
regex