GAZETTE NOTICE NO. 12212

the following members: Benjamin M. Mutie Chairman Jacqueline K. Mungumi (Ms.) Vice Chair Martin M. Mutua Member Rachael M. Muthoka (Ms.) Member Boniface Wambua (Dr.) Member Mary M. Muoki (Ms.) Member The County Public Service Board Secretary during the period under review was CS. Justus K. Kisilu Vision A public service that thrives and where performance excels Mission To attract, retain and inspire a result oriented County PUblic Service Core values Integrity Professionalism Fairness and equity Discipline Respect Team work 12 Functions and Powers of the Board The Board derives its mandate from section 59 (1) of the County Governments Act, 2012 which provides that the Board shall: . (a) Establish and abolish offices in the County Public Service (b) Appoint persons to hold or act in offices of the County Public Service including in the Boards of cities and urban areas within the county and to confum appointments (c) Exercise, disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part (d) Prepare regular reports for submission to the County Assembly on the execution of the functions of the Board (e) Promote the National and Public Service Values and Principles referred to in Articles 10 and 232 of the Constitution of Kenya, 2010 in the County. 09 Evaluate and report to the County Assembly on the extent to which the Values and Principles referred to in Articles 10 and 232 are complied with in the County Public Service (g) Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in the County. (h) Advise the County Government on human resource management and development (i) Advise the County Government on implementation and monitoring of the national performance management system in the County 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. Powers of the Board Section 59 (4) gives the Board the following powers in Promoting the National and Public Service Values and Principles referred to in Articles 10 and 232 of the Constitution of Kenya, 2010 in the County — (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; (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 perform any other functions as the Board considers necessary for the promotion of the values and principles. 1.3 The Evaluation Report The Constitution of Kenya provides for National Values and Principles of Governance in Article 10 and Values and Principles of Public Service in Article 232 and this report is the sixth in a series of annual evaluation reports meant to assess the extent to which the County Public Service has complied with the said values and principles. The reports contained findings and recommendations reflecting the measures taken, progress made and challenges experienced. The previous reports also provided the basic information and data on the readiness of the County Public Service with regard to the promotion and implementation of values and principles and to determine how compliance evaluation would be conducted in future. The Board has made great strides in evaluating the extent of compliance with the values and principles of the Public Service by public institutions within its purview since the promulgation of the Constitution in 2010. Four reports arising from annual evaluation have been prepared and submitted to the President and Parliament since 2013. The County Public Service Board has a mandate under section 59 (1) (f) of the County Governments Act, 2012 to evaluate and report to the County Assembly the extent to which the national values and principles of governance have been complied with. This report evaluates all the trends that were witnessed in the County Public Service in terms of implementing these national values and principles, all aimed at ensuring good governance and benefits of democracy. The report makes recommendations on how compliance can be enhanced in the subsequent years. 1.4 Purpose for the Evaluation The Board under section 59 (1) (19 of the County Governments Act, 2012 is mandated to evaluate and report to the County Assembly the extent to which the County Public Service has complied with values and principles provided in Articles 10 and 232 of the Constitution. The national values and principles of governance under Article 10 are— (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; 27th December, 2019 THE KENYA GAZETTE 4953 (c) good governance, integrity, transparency and accountability; and (d) 'sustainable development. The values and principles of public service under Article 232 include— (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 the people in the process of policy making; (e) accountability for administrative acts;* (0 transparency and provision to the public of timely and accurate information; (g) representation of Kenya's diverse communities; and (h) affording adequate and equal opportunities for appointment, training and advancement at all levels of the public service of: (i) men and women; (ii) the members of all ethnic groups; and (iii) persons with disabilities. The values and , principles of public service. are important components of any undertaking to ensure efficiency in the utilization of resources and effectiveness in service delivery. This requires high standards of transparency and accountability in the conduct of public affairs. The adherence to the values and principles in the public service is expected to prevent vices like corruption, enshrine appropriate work ethics and prevent other underhand deals that disadvantage the public with regard to service delivery. 1.5 Objectives of the Evaluation The overall objective of this evaluation was to establish the extent to which the County Public Service has complied with values and principles of public service provided in Articles 10 and 232 of the Constitution. The evaluation is also intended to identify challenges facing County Public Service in compliance with the values and principles and make recommendations to the County Assembly and the Governor for policy interventions. CHAPTER TWO COMPLIANCE AND EVALUATION FINDINGS OF THE VALUES AND PRINCIPLES 2.0 Introduction The evaluation was done against the framework of the current composition of the County Public Service using a tool circulated to all County departments. The evaluation clustered nine thematic areas namely: Good Governance, Integrity, Transparency and Accountability; Fair Competition and Merit in Appointments' and Promotions; Responsive, Prompt, Impartial and Equitable Provision of Services; National unity and representation of Kenya's diverse communities; Devolution and Sharing of Power; Accountability for administrative acts; Sustainable Development; Public Participation in Policy Formulation and Implementation; Professionalism and Ethics in the Public Service. The Constitution underscores the importance of the national values and principles of governance as the foundation of Kenya, -as a democratic State. The values and principles are binding to all state organs, state officers, public officers and all persons whenever any of them applies, or interprets the Constitution; enacts, applies or interprets any law; or makes or implements public policy decisions. 2.1 Thematic Area 1: Good Governance, Integrity, Transparency and Accountability. 2.1.1 Overview Good governance is the accountable exercise of power and authority. It involves' managing public resources effectively, efficiently, and in response to critical needs of communities. Good governance also addresses the extents to which the public service has developed, and implemented policies, laws, procedures that uphold the principles of honesty and openness in executing service delivery. This includes adherence to the rule of law, respect of institutions of governance, the basic tenets of democracy, the bill of rights and constitutionalism. 2.1.2 Measures Taken The County Government has put in place various policies and manuals to improve good governance in the County. Additionally, several Bills have been passed to operationalize some entities within the County Government. Adoption of the e-procurement of public goods is another measure to enhance efficiency, transparency and effectiveness. The County Government has been linked with the Integrated Financial Management System (IFMIS), another efficiency enhancing technology-based platform. The Government has further entered into agreement with HIVOS, to adopt open contracting which will enhance transparency and accountability in procurement process. 2.1.3 Progress Realized The County Government has sensitized some of the Board members on the Mwongozo code of governance which addresses matters of effectiveness of boards, transparency and disclosure, accountability, risk management, internal controls, ethical leadership and good corporate citizenship. Members of staff have been completing Declaration of Income, Assets and Liabilities (DIALs) as required. Departments have also organized forums where staffs have been sensitized on good governance. 2.1.4 Challenges Some of the challenges faced in the promotion of good governance in the County Government include: (i) The lack of knowledge on the existence of good governance practices among staff resulting from low awareness on national values by many employees, and low capacity and training of staff on procurement procedures. (ii) Existing procurement and financial laws had not been fully cascaded to all staff. There was lack of sufficient training and capacity building of staff on good governance practices, procurement and fmancial laws in departments. (iii) Low adoption of ICT and automation of services resulted in the slow transition to e- channels of service delivery, like e- procurement and social media presence. (iv) Inadequate budgetary allocation towards programs that support governance had slowed down capacity building programmes. (v) Sometimes conflict of interest. (vi) Competing needs where sensitization on values and principals is seen as a waste of time due to project implementation timelines. 2.1.5 Recommendations The County Government is expected to: Provide adequate budget allocation to support the capacity building programmes. Provjde adequate facilities and infrastructure to support ICT expansion. Sensitize the staff on the need to declare interest whenever it is necessary. Provision and maintenance of declaration of interest registers. (v) Contact corruption perception index across the County. (vi) Ensure existence of gift register in each department and sub- county headquarters 2.2 Thematic area 2: Fair Competition and Merit in Appointments and Promotions. 2.2.1 Overview To ensure equal opportunities to all, the county government has developed Human Resource Policies and Procedures Manual for the Public Service to regulate HR Practice. The county government has provided equal opportunities in appointments, promotions, training and career advancement. All appointments and promotions in every cadre have been done in accordance to the scheme of service in the year under review. 2.2.2 Measures Taken The County Government has adopted training as one of the key strategies for increasing staff productivity and also offer opportunities for career advancement for all staff. Therefore, equitable access to training opportunities for staff at all levels is desirable. The HR development policy provides the policy guidelines for capacity building and training in the public service, which the county is expected to implement. 2.2.3 Progress Realized The County Government has undertaken Training Needs Assessment (TNA) to ascertain the existing gaps. Appointment of new staff and promotions is done on merit among other considerations provided under County Government act and the Kenya Constitution. 2.2.4 Challenges Some of the challenges faced include: (i) There is an uneven distribution of staff within the county public service against all ethnic groups. (ii) In sufficient budget allocations to support capacity building. (iii) Some employees especially the lower cadre staff are excluded from accessing training opportunities and their training needs may not be fully addressed. (iv) There are some instances where employees are deployed outside their competence area or lack the minimum qualifications. 2.2.5 Recommendations The County Government is expected to: (i) Conduct diversity audits of its establishments to determine ethnic distribution. (ii) The County Government to comply with the 30 percent allocation of procurement opportunities to disadvantaged groups. (iii) The County Government to institutionalize time bound affirmative action programmes for appointments, training and promotion of the disadvantaged groups in the public service. (iv) The County Government to review the criteria for the determination of the disadvantaged groups for the award of the reserved 30 percent of government tenders. (v) Re-tool and multi-skill the staff 2.3 Thematic Area 3: Equitable Provision of Opportunities 2.3.1 Overview The Constitution of Kenya provides for adequate access to equal opportunities in appointment, promotions, training and advancement at all levels of the county public service without discrimination on any grounds including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. The prospects for the equitable . allocation of opportunities in employment, appointments, promotions, and procurement are enhanced by ensuring that the public is appropriately informed of them. 2.3.2 Measures Taken The measures taken to promote equitable allocation of opportunities include the following: (i) The Constitution has reserved at least five percent (5%) of appointments in the public sector for persons with disabilities. (ii) The Constitution provides that not more than two-thirds of members in elective and appointive positions shall be of the same gender. (iii) The County Government has ensured fair and equitable representation of the diverse Kenyan ethnic communities and groups, including minorities and marginalized groups. (iv) Equitable access to training opportunities and human resource development. (v) Equitable access to procurement opportunities for the youth, women and persons with disabilities. 23.3 Progress Realized The County governinent has introduced the Access to Government Procurement Opportunities (AGPO) initiative to enhance the participation of the youth, women and persons with disability (PWDs) in public procurement. However, most of the departments did not achieve the 30 percent threshold of reserved procurement to these disadvantaged groups. 2.3.4 Challenges Some of the challenges faced include: (i) Most of the people under AGPO category are not aware that 30 percent of procurement budget should be reserved to them. (ii) Lack of capacity by AGPO group to be able to absorb the budget set for them. (iii) Lack of qualified PWDs on the most of the positions advertised 2.3.5 Recommendations (i) Sensitize the AGPO category on the existence of budgetary allocation for them. (ii) Provision of financial assistance to the AGPO group to enable them takes up procurement opportunities. (iii) Assist AGPO category to register with the relevant institutions. The County Government is expected to: 2.4 Thematic Area 4: National unity and representation of Kenya's diverse communities 2.4.1 Overview Diversity management is the strategy of using best practices with proven results to find and create a diverse and inclusive workplace. It entails deliberate policies, programmes and actions that create greater inclusion of employees from various backgrounds into existing structures, resulting in a representative and all-inclusive public service as provided for in the Constitution. Article 10 provides for inclusion, social justice and protection of the vulnerable groups, while Article 232 provides that the public service must include the diverse Kenyan communities, with equal opportunities in appointment, training and advancement at all levels of the Public Service. Article 54 of the Constitution further provides for entitlements of persons with disability including entitlement to reasonable access to all places, public transport and information, use of sign language, braille or other appropriate means of communication and access to materials, devices to overcome constraints arising from the person's disability. The State is required to ensure the progressive implementation of the principle that at least 5 percent of the members of the public in elective and appointive bodies are persons with disabilities. 2.4.2 Measures Taken The measures taken by the county government to enhance this value and principle within the public service include: (i) More female candidates shortlisted for advertised positions to enhance their chances of recruitment. (ii) Candidates from non-dominance ethnicity shortlisted and given opportunity to ensure diversity. (iii) Offering training opportunities to women to enhance their chances of being promoted to senior positions in the service. 27th Decethber, 2019 - THE KENYA GAZETTE 4955 (iv) The ongoing implementation of the one third gender rule in public appointments. (v) Disability mainstreaming programmes implemented in county government as part of the annual performance contract targets. (vi) Putting a note during advertisement of jobs that women and PWD are encouraged to apply. (vii) Employees with disability have been facilitated in accordance with the guidelines given by SRC, PSC and the County Government from time to time.' 2.4.3 Progress Realized The County Government developed a database of general distribution of staff across the county public service in the 47 counties to establish the diversity status. The government has further initiated measures to ensure inclusivity in all matters and especially in recruitment, Representation of both genders at top level, a middle and bottom level has been observed thus ensurlhg compliance with the two thirds gender requirement. Staffs from non-dominant ethnic group have been recruited in the County Government in the period under review. 2.4.4 Challenges The following challenges have been experience: (i) Low response or turnout from marginalized groups during recruitments was a key hindrance to their inclusion in the employment process in the county public service. (ii) Lack of basic skills to enable the PWDs secure employment in the county public service. (iii) Low qualifications especially in technical skills and education among the minorities and marginalized communities are a major problem. (iv) Reduction in employment in the county public service has slowed down new recruitments and by extension slowed corrective measures towards ethnic imbalance (v) Poor data management and record management on the indicators of diversity were. 2.4.5 Recommendations The findings on this thematic area reveal that county sovernment performance was average on gender representation but doing relatively poorly in terms of the PWDs. The other indicator on proportionate representation of ethnic communities revealed that some communities are underrepresented in the County Government. It is recommended that: (i) County government to develop time bound affirmative action programmes to bring on board PWDs marginalized groups, minorities, women and youth progressively as required by law. (ii) County Government to set aside budgetary allocation to sponsor PWDs to acquire the necessary skills. (iii) County Government to put in place liaison framework with National Council for Persons with Disabilities (NCPWD) and other institutions targeting minorities and marginalized • during recruitment process. (iv) The government to maintain &segregated and updated • records on gender, ethnicity; including minority and marginalized communities, PWDs and age. (v) The County Government to develop time bound affirmative action programmes to enhance proportionate representation of the communities under-represented in the county Public service. • (vi) Make provision for special employment opportunities for the unrepresented and underrepresented marginalized communities. (vii) The County Government to do a lot of civic education to parents who don't ethicate their children with disability or even lock them in their homes. Thematic area 5 - Devolution and Sharing of Power 23.1 Overview The Constitution of Kenya providel for two-tiers of government, the National Government and forty seven (47) county governments. This thematic area provides for the principle of sharing of power between the two levels of government which are distinct and Interdependent. This is geared to support devolution of functions and resources to the departments for which the Board played a key role. 2.5.2 Measures Taken During the year under review, the County Government undertook several measures aimed at smooth devolution and sharing of power. These measures include: dissemination of county projects to the grassroots to ensure that citizens benefit up to the lowest level. This has seen decentralization of services from county to sub county, ward and village levels 2.5.3 Progress Realized The County Government has employed and empowered sub county, ward and village administrators. The Government has also ensured grassroots participation of citizens in project identification and prioritization through rampant public participation framework. The County Government has facilitated formation of development and project management committees for each project to guarantee ownership.. All projects in the county have been done through public participation. 2.5.4 Challenges County departments sighted lack of enough budgetary allocations as a big challenge towards ensuring full compliance to this value. This spills over to inadequate facilities which aid in service delivery. Overlap of duties and responsibilities between county government and National Government poses challenges under certain circumstances 2.5.5 Recommendations The County Government is expected to: (i) Provide adequate budget allocation to support the activities. (ii) Improve on revenue collection so as to enhance its local revenue. (iii) Enhance institutional capacity and public awareness across the County Public Service on devohrtion processes. 2.6 Thematic Area 6: Accountability for administrative actions 2.6.1 Overview Integrity, transparency and accountability ire some of the values and principles that are fundamental for public service governance, upon whiCh the public expect and demand services and accountability. The public service should be accountable to the citizen in the execution of duties bestowed upon its institutions and individuals managing them. Accountability by public officials acknowledges responsthility for policies, plans, actions, outputs and outcomes, and provides information on and justification for the same to the public and other stakeholders. Consequently, the county public service should have clear documentation of its operations, and equally clear mechanisms through which citizens can seek desireil information, as well as redress when aggrieved by public institutions and/or officers. Some of the tools for accountability include customer service charters, grievance handling procedures, perforthance agreements, existence of a gift register, and declaration of conflict of interest register. 2.6.2 Measures Taken The provisions of the Constitution (2010) of Kenya focus strongly on transparent and accountable government, with compliance with Chapter 6 and Articles 10 and 232 of the document being preconditions for accession to various key public offices. The County Government has designed programmes to ensure public service accountability. Various mechanisms including Sector Working Groups have been designed to ensure transparency and accountability in planning, budgeting and implementation. In ;elation to this, the Public Finance Management Act regulates spending which the Public Audit Act scrutinizes annually for the county government. The county assembly 'review the audits and make appropriate recommendations to ensure accountability. Officers in most county public service have signed performance contracts which guide their service delivery conduct. Similarly, staff under lower levels have also signed appraisals which they are appraised against. 2.6.3 Progress Realized The county departments have prepared annual work plans which guide execution of their mandate. There is also strong public participation framework which ensures checks and balances across all departments. Departments have also prepared service delivery charters which have been included in the performance contracts. The county government is in the process of developing grievance handling procedure guidelines. 2.6.4 Challenges The following critical challenges emerged as facing accountability fOr administrative acts: (i) Remuneration disparities: National government officers devolved to the counties earn less than counterparts in the defunct local authority, undermining motivation for the former. (ii) County public service is not sufficiently aware of their obligations dictated by their respective codes of conduct which ought to guide them during interactions with citizens. (iii) Petty corruption among officers in some departments undermine public access to services. (iv) Some public officers and civil servants openly defy government directives. For example, whereas public schools are required not to charge their learners any levies, some Head Teachers and Principals still impose levies and other charges. 2.6.5 Recommendations It is recommended that: (i) County departments to review their client service charters and grievance handling procedures. (ii) County Government to develop regulations to give effect to the Fair Administrative Action Act, 2015 and the Public Service Values and Principles Act, 2015. 2.7 Thematic Area 7: Efficiency, Effectiveness, Economic Use of Resources and Sustainable development 2.7.1 Overview Sustainable development is development that satisfies the needs of present without compromising the capacity of future generations, guaranteeing the balance between economic growth, care for the environment and social well-being. The constitutional values and principles of the Kenyan public service affirm the need for competence, efficiency, effectiveness and economic use of resources. These provisions lay the cornerstone for accountable public sector governance that deploys resources in a least cost but effective manner. The Public Finance Management Act, 2012 and the Public Procurement and Asset disposal Act, 2015 have put in place mechanisms to ensure effective management of public funds, efficiency and transparency and, in particular, proper accountability for the expenditure of those funds. The County Government is therefore expected to align its budget and expenditure to its County Integrated Development Plans (CIDP) and strategic plans, and rationally coasted annual work plans, including human resources plans as key drivers of efficiency. 2.7.2 Measures Taken During the period under review, a number of measures were put in place towards ensuring that the principle of economic resource use is upheld. These measures include: (i) Ensuring public participation in projects by the local communities to ensure ownership and sustainability. (ii) Allocating enough funds for projects identified to guarantee timely completion. (iii) Development of programme-based budgets for each of the county department. (iv) The county government has initiated review of organizational structures to align to the government priorities. (v) Development of CIDP as a pre-requisite for rolling out County Projects. (vi) Preparation of Annual Financial Statements and budget implementation reports by the all county departments. 2.7.3 Progress Realized The County Government has appointed Audit Committee to ensure prudent use of resources for sustainability. Departments make up follow ups after commissioning of projects to ensure continuity. 2.7.4 Challenges The following challenges have been experience: (i) Inability by county government to meet the threshold of the 70:30 ratio of development to recurrent and 40:60 personnel emoluments to operations and maintenance; (ii) Weak enforcement of policies, laws and regulations relating to mobilization and utilization of resources; (iii) Insensitivity to sustainable use of natural resources and environment. 2.7.5 Recommendations It is recommended that: (i) The County Government should comply with the set recurrent to development thresholds of 70:30 by slowing down recruitment. (ii) The County Government should build capacity on developing and implementing Programme Based Budgeting (PBB) in to ensure 100percent budget absorption. (iii) The County Government should develop and update the inventory of existing public assets. (iv) The County Government should facilitate continuous capacity building and civic education on effective management of resources for sustainable development. 2.8 Thematic Area 8: Public Participation in Policy Formulation and Implementation 2.8.1 Overview The principle of public participation holds that those who are likely to be affected by a decision have a right to be involved in prioritizing related issues, planning and budgeting appropriate interventions, and in implementing the resulting interventions, which they should also monitor and evaluate. sections 11 and 12 of the Public Service (Values and Principles) Act, 2015 requires public service to develop guidelines for public participation in the promotion of values and policy making. Public participation has a number of benefits including citizen empowerment, motivating the generation of new, diverse and innovative ideas, enhancing of citizen/government relations, encouraging appropriate prioritization of projects, and improving public service delivery through improved government responsiveness. It also entails affirmative action and awarding of equal opportunities to all individuals in governance and development processes regardless of their ethnicity, race, religion, sex, age and disability. One object of devolution is to give the power of self-governance to the people, and to enhance their participation in the exercise of power in making development decisions. It also provides the public with balanced and objective information to assist them in understanding the problem, alternatives and opportunities and/or solutions. 2.8.2 Measures Taken The County government has put in place a number of systems to promote effective public participation. These include: (i) The County Government has a department specifically dealing with public participation which enlightens the public to participate in budget process and projects identification. (ii) Establishment of decentralized structures to sub-county and ward levels; and appointment of ward and sub-county administrators. 27th December, 2019 THE KENYA GAZETTE - 4957 (iii) Organization and mobilization of citizens to attend budget meetings at ward level. (iv) Giving opportunities to the public to scrutinize and validate county budgets through annual county budget sector hearings. (v) Enhancing principle of social accountability by holding by the county government to account for public resources and ensure efficiency in utilization and service delivery. (vi) Use of notice boards to communicate important issues of public interest. 2.8.3 Progress Realized Ideally, participation policies and guidelines should precede the establishment of participation systems and structures. The County Government has established an elaborate public participation framework with formation of clusters spanning from county level to village level. This has enabled the public to participate actively in all matters of development within their localities. Additionally, the county government has established project management committees which supervise projects. 2.8.4 Challenges Although most county departments have made progress in implementation of public participation principle, there are some challenges in the process as highlighted below: (i) Inadequate information dissemination on public participation framework and guidelines. Citizens are not informed about different roles played by county and national governments; their rights and civic duties. (ii) There is also low levels of understanding of human rights especially among rural, marginalized and minority communities; (iii) Sometimes failure of the public to attend public meetings whenever they are organized. This can be attributed to lack of interest by citizens and lack of facilitation such as through provision of transport. (iv) Lack of enough budgetary allocations to support public participation. (v) Lack of awareness by citizens. 2.85 Recommendations It is recommended that: (i) The County Government should institutionalize public participation in policy making and prepare adequate guidelines. (ii) Sensitization of citizens to create awareness on the importance of participating in development. (iii) Proper communication whenever there are public participation foras to ensure that as many people as possible attend. (iv) More funds to support public participation. 2.9 Thematic Area 9: Professionalism and Ethics in the Public Service 2.9.1 Overview This thematic area provides for professionalization of the public service and in particular, guides the upholding of high standards of professional ethics. Professionals have specialized training in their fields of expertise. They are registered and licensed to practice under their professional associations. The professional associations are regulated by an Act of Parliament and hence are statutory bodies, the professionals are required to undergo continuous development and be in good standing. High standards of professional conduct in the county have become critical for it to remain competitive. The County Government is required to have an inventory of professions it has and their particulars. The County Government is also required to establish linkages with professional bodies in order to support professions to be up to date with the requirements of their practice. Continuous/ Professional Development (CPD) also has a bearing on the budget as it involves training staff. 2.9.2 Measures taken The County Government has initiated various measures to enhance high standards of professionalism and ethics among its employees. These include: (i) • Ensuring that employees are registered with the relevant professional bodies. (ii) The County Government has adopted strategic management which has resulted in the mainstreaming of Service Charters, Vision, Mission and Core Values statements to guide service delivery. (iii) The County Government has adopted schemes of service for public service that clearly define the career structure and progression, aimed at attracting and retaining, suitably qualified staff. (iv) The County has mainstreamed the national values and principles of governance and the values and principles of public service in the institutions manuals, induction and training programmes for public officers. (v) The county government provided budgetary provisions for sensitization of officers on values and principles. 2.8.5 Progress realized To guide the public service on professional conduct, the board published the following manuals: . (i) Human Resource Policies and Procedures Manual for the Public Service. (ii) Tr.aining and Development Policy. (iii) Recruitment and Selection Policy The County Government also, sent staff for various training for profeisional development. During the year under review, EACC facilitated training to all ECMs on ethics and integrity. EACC organised a capacity building workshop for development of administrative procedures for the administration of the Public Officer Ethics Act, 2003 on DIALs. 2.9.4 Challenges The following challenges were identified: (i) Lack of enough training budget to sponsor staff on trainings required by their respective professions. (ii) Failure to disclose interest when dealing with various issues which undermines professionalism. (iii) Lack of updated inventory of the professional organizations by departments that their staff participated in. (iv) Institutions entrusted with the promotion of good governance including EACC, experienced low financial, human and physical capacity, which undermines their efficiency and effectiveness. 2.9.5 Recommendations (i) All professionals in the public service to comply with the requirements of their regulating bodies. The county government to budget for the members of the regulated professional bodies to comply with the requirements for CPD. (iii) Departments to ensure-that they have inventory of staff who belong to various professional bodies. (iv) The county government to make budgetary provisions for continuous sensitization of public officers on ethics and integrity. (v) All the responsible bodies to ensure continuous training on ethics and integrity. (vi) PSC to incorporate an assessment on ethics and integrity in Staff Performance Appraisal. , 4958 THE,ICENYA GAZETTE 27th December; 2019 CHAPTER THREE 3.0 PROMOTION OF VALUES AND PRINCIPLES The Board is mandated to promote the national and public service values and principles referred to in Articles 10 and 232 of the Constitution of Kenya in the County Public Service. In compliance with the said section of the County Governments Act, the Board carried out sensitization of these values and principles of governance as follows: (a) The board used MC materials in form of flyers, banners and posters containing information on values and principles. These materials were distributed to all the staff and their offices. (b) The Board continued to sensitize staff on where to report issues concerning non adherence of the national values and principles of governance and public service. (c) Members of staff were sensitized on the importance of eradicating corruption practices and sexual harassment in the public service (The county held two major meetings with all employees in both gender). (d) Sensitized the public service on declaration of Income, assets and liabilities as per the requirements of Public Ethics Act. (e) Public Service was sensitized on issues pertaining to people living with disabilities and how to accord them equal opportunities. (f) Advertisement of job vacancies was done in the main newspapers, social media, County Government website and notice boards. (g) The Board ensured all recrtrited employees passed the integrity test. In this regard, the Board submitted a list of the senior selected candidates to the EACC for an integrity check and got feed back. (h) The Board has ensured that the Public Service adhered to the code of conduct to promote professionalism. CHAPTER FOUR 4.0 CHALLENGES IN THE PROMOTION AND ADHERENCE OF NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE AND PUBLIC SERVICE In the performance of its function of promotion of national values and principles of governance in the Public Service, the Board has experienced the following challenges: 4.1 Regional Balancing The Board has continued to advertise job vacancies widely but still face challenges in attracting job applicants from certain wards within the county. Similarly, capturing applicants' data based on place of birth or residence has been a challenge due to relocation. This specifically affects the allocation of jobs and balancing in the wards and sub counties. . 4.2 Kenya's Diverse Communities Section 65 of County Governments Act requires county governments to ensure at least 30 per cent of public positions are filled by people not from the dominant ethnic community in the county. However, the board has faced a challenge in attracting applicants from outside the Kamba community which is the dominant ethnic group, despite widely advertising in the main newspapers and imlicating the county is an equal opportunity employer. 43 Political Environment Political environment continues to be a challenge in service delivery. The Public Service however strives to remain impartial in service delivery while at the same time encourages consultation and consensus building in the discharge of its duties within its mandate. 4.4 Inadequate Infrastructure Inadequate infrastructure is still a challenge in the entire County and therefore this affects efficient and effective service delivery. 4.5 Persons with Disability The law requires that 5% of the employees recruited by the board be people with disability. However, despite widely advertising of job opportunities, the Board has attracted a few people with disabilities and most of them lack the minimum skills required. 4.6 Inadequate Funding Budgetary allocation to ensure effective promotion of the national values and principles of governance and public service has been inadequate for continuous promotion of the values and principles throughout the year. 4.7 Community Mindset and Attitude The Public Service has faced challenges in delivering services and adherence to the values and principles because of the society's inclination towards corruption, nepotism and tribalism. CHAPTER FIVE 5.0 CONCLUSION AND RECOMMENDATIONS 5.1 Conclusion This report, fulfils the Boards mandate with respect to section 59 (1) (e) of the County Governments Act, 2012 which obligates the County Public Service Board to evaluate and report to the County Assembly (CA) the extent to which the Public Servim has complied with the national values and principles of governance in general, and the values and principles of the public seMo enshrined isr Articles 10 and 232 of the Constitution. It is evident that there are nmoy values in a society which should transform to a good life. Some of these values are transformed into principles which guide action. The Kenyan constitution has transformed such values and principle into Article 10's National Values and Principles of Governance for all the people in the Republic of Kenya. It is in this regard that the County Governments Act, 2012 mandates the Board to evaluate and report to the County Assembly (CA) on the_extent to which the public service complies with the national values and principles of governance of Article 10, and the public service values and principles of Article 232 — collectively referred to as 'values and principles'. This report therefore presents an objective assessment and evaluation of how the county government has promoted the said values and principles. Previous evaluation and compliance have also been done and reports prepared to show the progress in which the county public service has complied with the values and principles amidst varying challenges faced, and recommended measures towards greater entrenchment of the same in the county public service. This report assesses the successes of the measures taken, progress achieved and impediments in the realization of values and principles of Public Service. The evaluation is based on themes that are aligned to each of the constitutional principles and values. The finding', of this tyPort show continued improvement in the measures taken towards sobering to and promoting values and principles in the county public service by departments. The extent of adherence and performance however varies across the county departments in general. That notwithstanding, efforts to put good structures in place to promote the values and principles in the respective departments have been noted. This report also finds that the said structures and measures are necessary but not sufficient. This means that there is need for greater effort by various county departments to enable full realization of the values and principles for Unproved service delivery. One of the limitations of this report is that not all county departments provided the required information in good time as requested. It is important that futurn evaluations ensure all county departments provide required data and infortnafion and that strict measures should be taken to ensure compliance. 52 Reconunendations The following actions are recommended to ensure, full compliance with the national values and principles of governance: (i) Budgetary, provisions for the continuous sensitization of county public service on ethics and integrity. (ii) Vetting and lifestyle audit be made a compulsory requirement for county public service 27th December, 2019 THE KENYA ZETTE 4959 (iii) Assessment on ethics and integrity of county employees at entry and advancement levels (iv) The County Government to mainstream disability initiatives to facilitate access to services (v) The County Government to institutionalize the performance management system in the county public service (vi) The Government to determine minimum service delivery standards to enhance quality service. The County Government should also consider creating an office to specifically deal with the promotion of the national values and principles of governance and public service. Dated the 13th September, 2019. EVALYNE M. NVUVE, Ag. SecretaryICEO, MR/0447231 Makueni County Public Service Board.