GAZETTE NOTICE NO. 10722

Pursuant to powers conferred to County Executive Committce Member by section 5 of the Makueni County Alcoholic Drinks Control Act, 2014 of the Makueni County Laws, the Executive Commit@ i I i l i 1 I { I I I 30th December,2016 THE KENYA GAZETTE 5003 t Member for Finance makes the following appointments of Members of Sub-county Alcoholic Drinks Control Committees. Sub-County Members Designation Position Makueni Simon MutemiSub-County Quality Assurance Member Mukaa Gichuki S. Mwangi Sub-County Quality Assurance Member Mbooni Easl Alex Nyakwemba Sub-County Qualrty Assurance Member Makindu John Ndutu Sub-County Quality Assurance Member Kilungu Mercy KiberaCEO Member Nzaui Mungai Kinuthia Mungai CEO Member Kathonzweni Godfrey Kyengo Sub-County Quality Assurance Member Mboonr West Maina Ngugi Sub-County Quality Assurance Member Kibwezr Fredrick KasatSub-County Quality Assurance Member MRt2694525 MARY. K. KIMANZI, County Executive Committee Member, Finance and Planning. GAZETTE NoTIcE No, 10723 THE COUNTY GOVERNMENTS ACT (No.17 oJ20l2) COUNTY GOVERNMENT OF KITUI COUNTY PUBLIC SERVICE BOARD REPoRT oN THE EXTENT oF CoMPLIANCE WITH THE NATIoNAL VALUES AND PRINCIPLES IN THE KITUI CoUNTY PUBLIC SERVICE Board Members The Board has perpetual successlon and rs capable of surng and being sued under its corporate name. The Krtui County Public Service Board rs composed of the follorvtng. Rose K. Masya- Clrurrperxtn Patrrce M. lvuti - V r t e -C hut rpe r \o n Naomr M. Mangatu (Dr.l- Mcnbct Salim B. Shaabam - Mc r n bt r Brrdget M. MLrlcnt - Mentbtt Samuel M. lkrtta- Mttttbrr Japheth M Muthengr-A,; B.S Eteculire Sunlrrury Thrs report rs developed rn lulfrllrnent of the rorrstrtutronal requrrement rvhere tlre Courrt; Publrc Servrce Boarcl rs rcqurred to evaluate and report to the C()unt) Assenrbly on tlre e eltt to rvhrclr the values arrd prrncipler refcrrcd to rn Artlcles l0 and 232 ol tlrc- Constltutrotr of Ken1a.20l0 arc complted wtth tn thc'Courrtl Publrc Serv ice In rt evaluatron procc\s. the Boartl consrtlcre.d rvhat had beerr done. the curret)t status and thc requretl actrons firr tlrc rrnprovernent on conrpliance rvrth valucs aind prrncrples The evaluatr()t) rr,a: bascd on avarlablt' (l()cun)entiltr()n front all thc' ('ountr [)cl),rrln]cnt lilt(l I I Ministries, performance apprarsal reports, internal records of the County Public Servrce Board and physical checks. The report is developed in four major parts. The first part looks at the establishment, functions and powers of the Board with a special emphasis on its role in the promotion of values and princrples in the county public service. The second and main body on the report is on the extent to which the values and principles referred to tn Articles l0 and 232 of the Constitution have been complied with in the Kitui County Public Service. This section of the report grves a situational analysis and actions taken in the promotion of the values and princlples. The third section reports on the impediments rn the promotron of values and principles and the fourth is on planned values and principles promotional progrzrms. The report also provides recommendations on the promotion of values and principles in the county public servrce. CHAPTER ONE INTRODUCTION-THE PUBLIC SERVICE BOARD EsrABLrsHMEi.tr oF CouNTy PUBLIC SERvrcE BoARD The Kitui County Public Service Board is a body corporate established under section 57 of the County Governments Act, 2012. This is the actualization of Article 235 of the Constitution of Kenya, 2010, which gave the County Governments the task of- (a) establishing and abolishing offices in the county public service; (D) appointing persons to hold or act in offices of the county public service and confirming appointments; and (c) exercising disciplinary control over, and removing, persons holding or acting in the offices provided for under this part. According to section 59 (1) (, of the County Government Act,2O12, the County Public Servtce Board is expected to evaluate and report to the County Assembly on the extent to which the values referred to in Articles 10 and,23- of the Constitutron of Kenya, 2010 are complied with in the county public service. Thrs report therefore focuses on this particular function of the board. Board Vision A values drrven, efficient and effective County Public Service Board Mtsston To appornt qualified and competent County Human Resource, and promote high standards of professional ethics and accountability for excellent pubhc service delivery Core Values (a) Teamwork (b) Respect (c) lntegrity (d) Professionalism. Powers of lhe Board in the Promotion ofValues and Principles In the performance of its functtons under Section 59 (l) (e) ofthe County Governments Act,2Ol2,the County Public Servrce Board has powers to- (a) rnform and educate County publrc otTrcers and the public about the values and prrncrples. (b) recomrnend to the County Government effectrve measures to promote the valuer and prrncrples, (('/ as\lst County Government rn the formulation and rmplenrcnt.rttotr of programmes intended to tnculcate rn publrc ofTrcers the duty to uphold the values and prrncrples, (r//.rclrrse thc Count) Goverrrnterrts on tlten oblrgatrons under intelnatrorral treaties and conventtol'ls on good governance ln tlre count) ptrblrc servrce: (?/ vrsrt an), county publlc ofTice or body lvrth a vrew to asse\silrg and rnspcctrng tlte statu of complrance wtth the values ancl pri nc rplesl f// rnve rgate . on rts own lntttattve or upoo:r complarnt nrade bv anY person or qrorrp of persolr, thc vlolatrotr ol an1, r,alues antl prrnc r1;lcs. 5004 THEKENYA GAZETTE 30th December,2016 (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 govemance in the public service; and (i,) perform any other functions as the Board considers necessary for the promotion of the values and principles. National Values and Principles of Governance As provided for under Article 10 of the Constitution of Kenya 2010, the National Values and Principles of Govemance include- (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (D) human dignity, equity, social justrce, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c) g@d govemance, integrity, trarsparency and accountability; and (d) sustainable development. Values and Principles of Public Service Values and principles of public service as spelt out tn kticle 232 of the Constitution of Kenya 2010 are- (a) high standards of professional ethics; (b) effrcient,etrective and economic use of resources; (cJ rcsponsive, prompt, effective, impartial and equitable provision of services; (d) involvement of people in the process of policy making; (e) accountability for administrative acts: (fl transparency and provision to the public of timely, accurate information; (g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions; (i) representation of Kenya's diverse communities; and (i) affording adequate and equal opporhrnities for appointment, training and advancement, at all levels of the public service, of- (l) men and women; (i i) the members of all ethnic groups: and (iii) persons with disabilities. CHAPTERTWO 2.0 THE EXTENT OF COMPLIANCE WITH VALIJES AND PRINCIPLES 2.I PREAMBLE This chapter enlmerates the activities that demonstrate the extent to which the values and principles rcferred to in Articles l0 arrd 232 arc complied with in the county public service. It also explains the actions uken by the board in the promotion of the specific values and principles. 2.2'fI+E EXTENT OF COMPLIANCE_ARTICLE IO-NATIONAL VALI]ES AND PRINCIPLES OF GOVERNANCE 2.2.1 Patriotism, National Unity, Sharing and. Devolution of Power, the Rule of Law, Democracy and Participation of the People 2.2.1.1 Sinarional Analysis Some of the devolved units like the Wards and villages were not fully operational. Therefore, this meant that the Citizens of Kitui County were not participating adequately in the development issues of the County Government possibly for lack of information since the services were not as near them as the constitution intended. The Board also established that the culture for use of County colours is being inculcated in the county public service. 2.2.72 ActionTaken The Board Continues to advocate for patriotism and as a result, county colours and symbols are being incorporated in all official County documents, Information, Education and communication Materials, projects branding and painting of County Govemment buildings. The National and the County flags are being hoisted within the County Government offices. The County Govemment continues to participate in National holidays while ensuring that county offices have portraits of the President of the Republic of Kenya. The Board has, and continues to draw the attention of the County employees to the documents uploaded to the County website which include the Constitution of Kenya 2010 and other relevant laws relating to respective values and principles. The Board has recruited and is still in the process of strengthening the internal capacities of the Sub County, Town, and Ward administration units. Following the enactrnent of the Kitui County Villages Act, 2015, the Board completed the recruitment of the village adminis:rators for all the villages in the County Government of Kitui. Dun^ -rac] and participation of the people has been and continucs to be realised through policy formulation forums; the Education Forums, Public participation on Finance Bill and other stakehol&r consultative meetings on development. The County Government hes developed public participation guidelines with technical and financial support from the Institute of Social Transformation (TISA). 2.2.2 Human Dignity, Equity, Social Justice, Inclusiveness, Equality, Humnn Rights, Non- dtscrimination and Protection oJ the Marginaliscd 2.2.2.1 Situational Analysis Assessment on the compliance regarding human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised was done during the 2016 calender year. It was established that social amenities within the County Government offices were still deficient. Ablution blocks were lacking gender labels. Analysis of the composition of the county public service was done. It established that the legal requirements for youth and gender in appointrnents had been met; however, there was need for concertcd effort to address the requirements for Persons living with disability, and the marginalised. 2.2.2.2 ActionTaken The County Government continued the construction of morc ablution blocks in public places like markets, schools, offices and bus parks to ensure that Kitui County is open defecation free and to promote the human dignity. The Board is fully committed to continuous monitoring of compliance to ensure that the ratio of male to female employecs remains within the constitutional threshold. The Board has enhanced the methods of advertising for job vacancies, including use of public announcements through Sub County, Ward and Village administrators and members of the County Assembly in order to reach all and allow for fair competition. Affumative action is being undertaken to address the disadvantagcd groups such as minority etbnic communities in the County, (e.g. Thc Tharaka, Arab, Somali, Muslim) persons living with disabilities, youth and women. The Kitui County Budget and Economic Forum (KCBEF), a forum developed as a requirement by the Public Finance Management Act?.O12, has membership drawn from across social and professionrl backgrounds for inclusiveness (women, Professional bodies, PLWDs, the aged, labour unions etc.) The County Govemment remaitrs committed to the representation of Kenya's diverse ethnic communitics in the county public service as evidenced in the appointments undertaken. The County is mainstreaming HIV/AIDS, gender and disability in implementing varrous policies as can be reflected in awarding of County contracts and appointments. The County Government has also prioritized projects on water such as drilling of bore holes, construction of earth and sand dams as well rs water reservoirs to ensure that county residents, especially those in arid and marginalised regions, have access to portable water for drinking and other purposes. i I i 1 I I I i I I { I l I I j + 30th December,2016 THE KENYA GAZETTE 5005 2.2.3 Goo d G ov e rnanc e, Int e gr ity, Trans pare ncy and Ac c ountabi lity 2.2.3.1 SituationalAnalysis A number of County Ministries had developed service charters. The mechanisms for monitoring integrity, transparency and accountabrlity in the county public service were not elaborate. There were comrption cases which had been reported within the County Government. 2.2.3.2 ActionTaken Through Boards intervention, majority of the County ministries have drawn their service charters. Performance contracts were revised and signed by senior county public service officers to ensure accountability. The complaints handling procedure has treen streamlined in the County Government and a committee for the same formed. The Board upheld the decision of H.E. the Governor to terminate contracts of senior county officers who were suspect on issues of integrity. In order to enhance transparency and accountability, the County Govemment continues to publish and distribute booklets highlighting all the development projects undertaken in each of the forty wards, including the cost of each project. 2.2.4 Sustdinable Develop ment 2.2.4.I S ituatio nal analy s i s Kitui County Integrated Development Plan (KCIDP) had been developed highlighting development needs of the County. The development projects contained in this document had been evaluated and considered based on their sustainability. As a result, the projects initiated are expected to be viable and sustainable. Since KCIDP is a medium term plan, the County Govemment through public participation designed a ten year economic blueprint named Kitui Vision for Economic and Social Transformation (KIVEST). 2.2.4.1 ActionTaken The County Continues to implement projects in compliance with the KCIDP and KIVEST. Both KCIDP and KIVEST are modelled on the Kenya Vision 2030 and the Sustainable Development Goals. The County Public Service Board has successfully continued to provide the human resource necessary for the implementation planned activities. The already completed projects have been handed over to community commrttees. Some specific projects were identified to be undertaken by contractors from the local community to boost economic development within the county. The County Government has trained local contractors to enhance their contractual skills. AII projects undertaken had been budgeted for and assessed to be financially viable. 2.3 ARTICLE 232_VALUES AND PRINCIPLES OF PI]BLIC SERVICE 2.3.1 High Standards of ProJessional Ethics 2.3.1.1 S ituatio nal Analy s i s This was evaluated on the basis of four indicators, namely, code of conduct and ethics for officers in the public service; training for skills development; membership to professional bodies and declaration of income, assets and liabilities. Indicators recorded an increasing level of compliance with professional ethics following continuous sensitization workshops and training. Major cases of indiscipline were reported to the Public Service Board. 2.3.1.2 Action Taken The Board continued with sensitisation programme on values and principles aimed at creating awareness, development of teamwork and improvement of service delivery and overall culture change in the county public service. To aide increased access to knowledge on the officers' professionalism, the Board has been drawing the attention of the County Govemment employees to the relevant legislations and laws which have been uploaded to the County website. The Board undertook suitability tests and continues to do the same for various cadres for proper placement of staff and quality service delivery. Training approvals for officers working in the county ministries of Health and Sanitation and Agriculture, water and irrigation were granted in order to ensure competence in the performance of therr duties. Various trainings have been held in the county rncluding induction of staff, training on the filling of Asset Declaration forms, training on job evaluation, oath of Secrecy, performance contracting among others. 2.3.2 Responsive, prompt, effective, impartial and equitable provision of sertices 2.3.2.1 S i tuation Analy si s The Board estabhshed that service delivery had not reached required standards as a result of slow integration of officers having been drawn from diverse organisational culture and work ethics. 2.3.2.2 Action taken The Board has been undertaking sensitization workshops on values and principles of public service aimed at transformative leadership, development of teamwork and improvement of service delivery and overall culture change in the public service. The board has incorporated questions which gauge attitude in the interview tools of various cadres so as to ensure that the county public service is composed of employees with the right attitude for effective service delivery. County minrstries have been encouraged to hold regular management and staff meetrngs to enhance effectiveness and teamwork in the provision of public services. The County Govemment has continued the use of Integrated Financial Management Information System (IFMIS), where all financial kansactions are processed using the system. This has enhanced the speed of service delivery. The County Government usually aligns the budget on relevant plans and has recorded high performance on budget absorption. The board undertakes mystery shopping to assess the quality of services offered by the county public service. 2.3.3. Fur competition and merit as the basis of appointments and promotions 2.3.3.1 Situational Analy sis Appointments and promotions were and continue to be guided by meritocracy and fair competition. They are also guided by other legal provisions such as the need to include communities not adequately represented in appointments to or promotions in the public service, the gender balance; consideration of minority ethnic groups; and persons living with disabilities. 2.3.3.2 Action taken As at 30th November, 2016, the County Public Service Board had employed a total of 652 female officers representing 41 Vo of the total staff appointed. The male appointed officers were 926, representing 59 7o. The County Public Service Board has engaged a total of 22 persons living with disabilities. The Board has enhanced its recruitment process to adequately capture data on prsons living with disability. The Board continues to encourage them to apply for advertised positions, and also register with the Association for persons living with disirbility. The Board has made !83 appointments from ouside Kitui County. Meritocracy continues to be the guiding principle in the recruitment process and applicants are accorded equal opportunity. All the officers due for promotion based on meritocracy and the provisions of various schemes of service were promoted. CHAPTERTHREE Impediments in the Promotion of Values and Principles The Board encountered various challenges in ensuring that values and principles are upheld. These included- (a) apathy in appreciation of ICT among the County employees which makes most employees unable to access the documents 5006 THE KENYA GAZETIE. 30th December,2016 uploaded in the County website as well as using modem technology for research and communication; (b)Kit:u;i County has low intemet connectivity, making the offices especially those working outside the County Headquarters unable to effectively communicate and access internet; (c) lack of public awareness on the role of citizens in govemance and therefore low citizen participation in development issues; (d,) inadequate knowledge on the constitutional provisions on devolution and other relevant legislations among public officers; (e) inadequate budgetary allocation to enhance the promotion of values and principles; (/) recurrent power outages within the County; (g) officers from outside the county requesting for inter-county transfers and declining positions in Kitui owing to the vastness of the county, Semi-arid climate, insecurity, the difficult terrain thus defeating effons towards patriotism, national unity and inclusiveness; and (i,) persons with disability and other special groups not applying for positions in the County while those that apply fail to indicate their status. Many officers and candidates living with disabilities are yet to register with the relevant body. CHAPTERFOI,JR Planned Programs in Undertaking Promotion ofValues and Principles (a) Develop, produce and distribute more information education and communication material on values and principles in Kitui County. (b) Sensitization workshops on values and principles. (c) Induct new staff with regard to values and principles. (d,) Monitor compliance with the values and principles. (e) Advise the County Government on its obligations under intemational treaties and conventions on need basis. (fl Recruit the required personnel for the full implementation of KCIDP and KIVEST. (g) Finalise the staffing of the village administration offices. CHAPTER FIVE Recommendations The Board recommends the following- (a) provision to the Board of adequate budgetary allocation to carry out activities that enhance promotion of values and principles; (D) partnering with the County Assembly for public awareness creation on the role of citizens in governance and the need for full participation in development agenda and actrvtties and employment creation; (c/ facilitation in creation of an enabling environment for the exploitation of natural resources to create..;obs for Krtui County resrdents; (d) observation of OSHA gurdelrnes in public offrcesl and (e) decentralization of the Council for the people living with drsabrlrtres tbr easy access of their services. Conclutnn The Board apprL'clates the cooperation accorded by H.E. the Governur. tlre otfrce of the Countl, Secretary, Chref OfTicers and Sub County AtJrnrrrrrtrator (lrlnng evaluatlon of the extcltt kr rvhrch values antl prrrrcrple s have been complred rvith rn Krtui County Publrc Service. Furtlrer. the Boartl apprecrates the Members ol the Kitur County Assembll fol the ovcrsrght rolc and the adlrcc giten from ttme t() time on crtsuring complrtncc'rvrth tlrc values and pnncrples. 'l-hc ('ountr Publrc Servtce regtstered substantial levels of contplrarrec rrrtlr thc \ialucs antl Prrncrples ref'erred to rn Artrcles l0 rrtd lil ()l tllc Constttuttou ol'Kcrrya. l0lO Horvcvcr . tlrere rs strll roorrr lor rnlptovement rrr urtlcr to cn\ure that cltrzens of Kitul County Iullv hl-ncllt tronr thc -sarns provrtled by the Constltutron of Kenya. l()10 Thc Boartl reeonrrncnds that tacilrtatron, financral or otherwise, h.' nt:rtlc .rrlllahlc to tlt rre tlrr' agcnda on hteh cornplrarrcc levels rvrth r llttes arrtl prrrrerplcs REFERENCES The Constitution of Kenya, 2010. The County Governments Acts, No. 17 of 2O12. Public Service (Values and Principles Act),2015. Kitui County Integrated Development. The Kitui Vision for Economic and Social Transformation2Ol1-2o25. MR/2484150