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GAZETTE NOTICE NO. 5435

GAZETTE NOTICE NO. 5435

THE COUNTY GOVERNMENTS ACT

(No. 17 of 2012)

ESTABLISHMENT


the following; integrity, rule of law, confidentiality., team work, gender equity, professional isna ,meritocracy , fairness, inclusiveness, meritocracy, tolerance, accountability, respect for diversity, commitment, equality, networking, impartiality, accessibility and transparency 5.0 FUNCTIONS AND POWERS OF MCPSB The functions of Migori County Public Service Board are: 1. To establish and abolish offices in the Migori County Public Service. 2. To appoint persons to hold or act in offices of the Migori County Public Service including in the boards of cities and urban areas within the county and to confirm appointments. 3. To exercise disciplinary control over and remove persons holding or acting in those offices as provided for under this part. 4. To prepare regular reports for sub mission to the County Assenibly on the execution of the functions of the board. 5. To promote in the Migori County Public Service the values and principles referred to in Articles 10 and 232. 6. To evaluate and report to the Migori County Assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in Migori County Public Service. 7. To facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in the county. 8. To advise the Migori County Government on human resource management and development. 9. To advise Migori County Government on implementation and monitoring of the national performance management system in the county 10. To make recommendations to the Salaries and Remuneration Commission, on behalf of the Migori County Government, on the remuneration, pensions and gratuities for Migori County Public Service employees. 6.0 COMMITTEES OF THE BOARD The committees of the board are given below: (i) Recruitment and Selection Committee. (ii) Finance and Planning Committee. (iii) Human Resource Management Committee. (iv) Quality Assurance and Compliance Committee. (v) Performance Management Committee. 7.0 ACHIEVEMENTS OF MCPSB 7.1 ESTABLISHMENT AND ABOLITION OF OFFICES IN MIGORI COUNTY PUBLIC SERVICE This is one of the functions of the board according to section 59, 1(a) of the County Governments Act, 2012. In order to perform this function, the board will establish and abolish offices in Migori County Public Service during the financial year 2018/2019 subject to availability of funds. 7.2 APPOINTMENTS OF EMPLOYEES This is one of the functions of the board according to section 59, 1(b) of the County Governments Act, 2012. In order to perform this function, the board has carried out the following activities: 7.2.1 APPOINTMENTS OF NEW EMPLOYEES The board has appointed the following new employees as at 31st December, 2018. Designation Number CEM Health Services 1 County Secretary I Board Secretary 1 Chief Officer Lands and Housing 1 Chief Officer Public Service Management 1 Chief Officer Agriculture, Fisheries and livestock 1 Chief Officer Trade Development and Regulations 1 Chief Officer Environment and Disaster Management 1 Chief Officer Roads, Public Works, Water and Energy 1 Chief Officer Education 1 Chief Officer Finance and Economic Planning 1 Chief Officer Health Services 1 Director Lands and Housing 1 Director Public Service Management I Director Agriculture 1 Director Livestock 1 Director Trade Development and Regulations Director Environment and Disaster Management 1 Director Water 1 Director Roads Public Works and Transport 1 Director Education 1 Director Finance 1 Director Economic Planning 1 Director Fisheries 1 Director Culture and Youth Affairs 1 Director Health Services 1 Director Veterinary 1 Director Human Resource 1 Director Supply Chain Management 1 Director Internal Audit Director Gender 1 Director ICT 1 Managing Director MIKUTRA 1 Deputy Director Gender 1 Deputy Director Supply Chain Management 1 Deputy Director Protocol 1 Sub-County Administrators 8 Ward Administrators 40 Principal Fiscal Officer 1 Administrative Assistant II 4 Members of County Policing Authority 8 Legal Advisor 1 Economic Advisor 1 Payroll Manager 1 Physical Planners 3 Accountants 11 Accounts Assistant 3 Clerical Officers 116 Office Messengers 43 Market Attendants 174 Receptionist 2 Medical Laboratory Technician 26 KRCHN 146 Enrolled Nurse 97 Nursing Officer 17 Clinical Officer III 70 Print Reporter 1 Online Reporter 1 Printing Technician 1 Radio Reporter 2 Video Editor 1 Print Reporter 1 Video Cameraman Drivers 71 Supply Chain Management Officer 7 21st June, 2019 Environmental Officer 15 Transport Manager 1 Pharmaceutical Technologist 20 Health Records and Information Officer 9 Nutrition and Dietetics 6 Legal Assistants 6 ECDE Care Giver-Diploma 274 ECDE Care Giver-Cert 418 Plant Operators 24 Internal Auditors 6 Youth Polytechnic Instructors 74 Gynecologist 1 Data Analyst 3 Statistician 1 Fiscal Analyst III 1 Agricultural Mechanization Officer 1 Radiographer 4 Personal Assistant 1 TOTAL 1761 7.2.2 ABSORPTION OF EMPLOYEES BY THE BOARD FROM NATIONAL GOVERNMENT The board has absorbed the following employees from National Government as at 31st December, 2018: Designation Number ESP Health Staff 137 ESP Agriculture Staff 20 Intern Doctors 22 Youth Polytechnic Instructors 35 Health Personnel Capacity Staff 22 DICECE Staff 11 TOTAL 247 7.2.3 APPOINTMENTS OF EMPLOYEES PAID BY DEVELOPMENT PARTNERS The board has appointed the following employees paid by Development Partners as at 31st December, 2018: Designation Number UNIVERSITY OF MARYLAND - Health Staff APHIA PLUS -Health Staff 84 APHIA HALISI- Health Staff 8 USAID HDSA- Health Staff 44 TOTAL 276 7.2.4 CONFIRMATION OF EMPLOYEES The board has confirmed all employees who had satisfactorily completed probation period as at 31st December, 2018. 7.2.5 PROMOTION OF EMPLOYEES The board has promoted the following employees as at 31st December, 2018: Designation Number 9 Assistant Director of Medical Services 1 Senior Medical Officers 3 Senior Registered Clinical Officer 10 Medical Officers 7 Medical Specialists 5 Assistant Chief Pharmacist 2 Pharmacist 2 Dental Officer 1 Senior Registered Nurse 42 Senior Registered Nurse I 13 Senior enrolled Nurse II 16 Enrolled Nurse III 74 Enrolled Nurse II 123 Registered Nurse III 59 Enrolled Nurse I 63 Registered Nurse II 62 Registered Nurse I 59 Registered Clinical Officer 27 Registered Clinical Officer I 15 Registered Clinical Officer II 32 Clinical Officer II 15 Clinical Officer I 10 TOTAL 641 7.2.6 DATA ANALYSIS OF ALL EMPLOYEES OF MIGORI COUNTY 7.2.6.1 BREAKDOWN OF ALL EMPLOYEES IN MIGORI COUNTY The breakdown of all employees in Migori County as at 31st December, 2018 is given in the table below: Category Male Female Number 1. Employees inherited from the defunct Local Authorities 387 291 678 2. Employees inherited from National Government 582 274 856 3. Employees recruited by Migori County Public Service Board 736 ' 1025 1761 4. Employees absorbed from National Government 200 47 247 5. Employees absorbed from development partners 86 138 224 TOTAL 1991 1775 3766 7.2.6.2 DISTRIBUITON OF EMPLOYESS APPOINTED BY MCPSB BY GENDER Gender Number Percentage Requirement By Costitution Male 736 42% 70% Female 1025 58% 30% TOTAL 1761 100% 100% 7.2.6.3 DISTRIBUTION OF ALL MIGORI COUNTY EMPLOYESS BY GENDER Gender Number Percentage Requirement By Costitution Male 1991 53% 70% Female 1775 47% 30% TOTAL 3766 100% 100% 7.2.6.4 DISTRIBUTION OF EMPLOYEES APPOINTED BY THE BOARD BY ETHNIC GROUP Ethnic Group Number Percentage Requirement by Costitution Luos 1104 62% Not exceeding 70% Others (Kuria, Suba, Luhya, Nubians, Somalis, Kikuyu, Meru) etc 662 38% Not Below 30% TOTAL 1766 100% 100% 7.2.6.5 DISTRIBUTION OF PEOPLE WITH DISABILITY APPOINTED BY THE BOARD Condition Number Percentage People With Disability 33 2% Physically fit 1733 98% TOTAL 1766 100% NOTE: Migori County Public Service board employed ALL people with Disability (PWDs) who applied and qualified for appointment. The deficit of 3% will be filled during the subsequent recruitment. 7.3 EXERCISING OF DISCIPLINARY CONTROL This is one of the function of the board according to section 59, 1 (c) of the County Governments, Act, 2012. In order to perform this function, the board has handled the following disciplinary cases as at 31st December, 2018: Action Taken Number Demotions 1 Terminations 2 Reinstatements Pending cases 0 Total number of Disciplinary cases reported 5 7.4 PREPARATION OF REGULAR REPORTS TO THE COUNTY ASSEMBLY ON THE EXECUTION FUNCTIONS OF THE BOARD This is one of the functions of the board according to section 59, 1(d) of the County Governments Act, 2012. In order to perform this function, the board has prepared and submitted the following reports to the County Assembly: Reports No. 1. Report on suitability interview for the seconded employees 2. Report on casuals in Migori County 1 3. Report on Wage Bill of Migori County 4 4. Regular report on the executions of the functions of the board 5. Report on compliance with National Values and Principles of Public Service referred to in Articles 10 and 232 6. Proposed Migori County Human Resource Policy and Procedure Manual 7. Strategic Plan for Migori County Public Service Board, 2015-2019 8. Migori County Public Service Board Bill, 2015 1 9. Advisory Report on Recruitment of Chief Officers whose contracts are expiring on November and December, 2018 10. Advisory Report on Appointment of Acting County Chief Officers 7.5 PROMOTION OF THE VALUES AND PRINCIPLES REFERRED TO IN ARTICLES 10 AND 232 IN MIGORI COUNTY This is one of the function of the board according to section 59, 1(e) of the County Governments Act, 2012. In order to perform this function, the board has organized and participated in the following workshops: (a) Orientation workshop for ward administrators on Values and Principles of Public Service. (b) Orientation workshop for board members on Values and Principles of Public Service. (c) Training workshop on National Values and Principles of Public Service. 7.5.3 MONITORING AND EVALUATION OF COMPLIANCE WITH NATIONAL VALUES AND PRINCIPLES REFERRED TO IN ARTICLE 10 AND 232 IN MIGORI COUNTY This is one of the functions of the board according to section 59, 1(f) of the County Governments Act, 2012. In order to perform this function, the board has monitored and evaluated compliance with National Values and Principles of Public Service by preparing Annual Report on implementation of National Values and Principles of Public Service in Migori County- 7.6 ADVISE MIGORI COUNTY GOVERNMENT ON HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT This is one of the functions of the board according to section 59, 1 (h) of the County Governments Act, 2012. In order to perform this function— (a) the board has advised Migori County Government by preparing and developing the following reports: (i) Developed Human Resource Policy and Procedure Manual. (ii) Report on employees seconded to Migori County Government. (iii) Report on Wage Bill. (iv) Report on establishments of tasks force for determination of town municipalities and cities. (v) Preparation of report and wage bill on establishment of village units in Migori County. (vi) Conducted head count of Migori County employees in order to identify ghost workers. (vii) The board organized workshop for the sensitization of the Public Officers on every two year Financial Declaration and Guidelines held on 30th September, 2013 at Tom Mboya Labour College to enable participants to familiarize themselves with administrative procedures for the declaration of incomes, assets and liabilities. (viii) Report on performance of Chief Officer, Finance and Economic Planning. (ix) Advisory report on recruitment of Chief Officers whose contracts are expiring on November and December, 2018. (x) Advisory Report on appointment of Acting County Chief Officers. (xi) The board participated in Lake Basin Inter County HRH and Stakeholders Forum at Kisii Borabu County Inn on 5th-6th December, 2018. 7.8 DEVELOPMENT OF COHERENT INTEGRATED HUMAN RESOURCE PLANNING AND BUDGETING This is one of the function of the board according to section 59,1 (g) of the County Governments Act, 2012. In order to perform this function, the board has carried out the following activities. (a) Development Human Resource Policy and Procedures Manual. (b) Submission Human Resource Policy and Procedures Manual to the County Assembly. (c) Development of Migori County Public Service Board Strategic Plan 2015-2019. (d) Development of Migori County Public Service Board Bill, 2015. (e) Submission of Migori County Public Service Board Bill, 2015 to County Assembly for approval. U) The board participated in the workshop for Dissemination of Guidelines on the Management of Public Officers seconded to County Government and Draft Policy on hearing and determination of appeals from County Governments' Public Service. The workshop was held at Kisii County on Monday 19th May, 2014. (g) The board participated in Kenya Devolution Support Program Workshop at Sarova Hotel Kisumu oh 17-18 December, 2018 for rollout program of performance contracting and staff performance appraisal system for enhancing public service management. (h) The board participated in Steering Committee meeting held on September, 2018 for Annual County Public Service Boards Forum in Mombasa to develop strategic Plan. The board participated in Public Service Board Forum in Mombasa to discuss and address issues arising within Public Service Delivery within counties. 7.9 ADVISE MIGORI COUNTY GOVERNMENT ON IMPLEMENTATION AND MONITORING OF PERFORMANCE MANAGEMENT This is one of the function of the board according to section 59,1 (i) of the County Governments Act, 2012. In order to perform this function, the Board has carried out the following activities: 21st June, 2019 THE KENYA GAZETTE 2279 (a) The board participated in the performance contracting workshop at Annex in Migori County. The participants in the workshop were Board Members, County Executive Committee Members (CECM) and the County Secretary. The objective of the workshop was to build the capacity of the participants to fully understand and implement the performance contract approach as a critical tool inimproving service delivery through skills transfer, case studies and sharing of experience. (b) The board has advised Migori County Government on Performance Management Systems in Migori County. The board will ensure that all employees in Migori County are on performance contract. (c) The board participated in a Performance Management Course on 23rd to 26th November 2016 at Flamingo Hotel Mombasa by CPF (Lap Trust). (d) The board participated in 'Kenya Devolution Support Program Workshop at Sarova Hotel Kisumu on 17-18 December, 2018 for rollout program of Performance Contracting and Staff Performance Appraisal System for enhancing Public Service Management. 7.10 RECOMMENDATIONS TO SRC ON THE REMUNERATIONS PENSIONS AND GRATUITIES This is one of the function of the board according to section 59, 1(j) of the County Governments Act, 2012. In order to perform this function, the board has organized and participated in the following activities: (a) The board participated in a workshop at Kenya School of Government organized by the Salaries and Remuneration Commission for Board Members from various counties at the Kenya School of Government, Nairobi. (b) The board participated in this workshop organized for all the Public Service Board Members drawn from all the counties. This was at White Sands Hotel—Mombasa. In attendance was the LAPTRUST which also sensitized Board Members on the management of pensions and gratuities. (c) The board participated, in a workshop organized by the LAPTRUST Fund in Kisumu in which the Board Members were taken sensitized Board Members on the management of pensions and gratuities. (d) The board will conduct salaries survey in the year 2016/2017 to determine salaries pensions and then make recommendations to SRC. (e) The board participated in Job Evaluations in conjunction with Price Water House Coopers to advice Salaries and Remunerations Commission. (f) The secretary to thd board participated in a corporate secretarial seminar for ICPSK Members at Sarova Panafric Hotel; Nairobi on 24th to 25th November, the areas covered included capital markets, pensions and benefits administration and unclaimed assets. (g) The board participated on consultative meeting on the development of the scheme of service for ECDE teachers at Council of Governors Offices on 3rd February, 2017. (h) The secretary to the board participated on Inter-governmental Sectoral Forum at Kenya School of Government, Nairobi on 27th to 28th March, 2017. (i) The board participated in validation of the Doctors Recognition and Collective Agreement at Boma Hotel Nairobi on 18th May, 2017. (j) The Chair to the board participated on signing of Doctors Recognition Agreement at Delta House, Westlands on 6th July, 2017. (k) The board participated on Salaries and Remuneration Commission Job Evaluation Clinic at Kisumu Hotel on 4th to 7th July, 2017. 8.0 CHALLENGES 8.1 LEGAL CHALLENGES During the year under review the board had been faced by a number of civil suits, i.e. (i) Petition No. 26 of 2016—Migori County Government Vs Kenya National Union Of Nurses. (ii) Case No. 189 of 2015—John Oyugi and 20 others vs. Migori County Government And Migori County Public Service Board. (iii) Case No. 230 of 2013—John Ojwang Otieno and 13 others vs. Migori County Government and Migori County Public Service Board. (iv) Case No. 10 of 2013—John Ngariba Marwa and 52 others vs. Migori County Government and Migori County Public Service Board. (v) Kenya County Government Workers Union Vs. Migori County Government and Migori County Public Service Board. (vi) , Case No. 34 of 2013—Benson Okera Magana and 12 others vs. Migori County Government and Migori County Public Service Board. 8.2 FINANCIAL CHALLENGES Funds are not disbursed to the Board by Treasury as evidenced by the information in the table below:- Year Approved budget (KSh.) Actual amount Disbursed(KSh.) Variance (KSh.) 2013/2014 30,000,000 27,000,000 (3,000,000) 2014/2015 52,000,000 52,000,000 Nil 2015/2016 82,000,000 54,300,000 (27,700,000) 2016/2017 40,600,000 17,000,000 (1,500,000) 2017/2018 63,000,000 8,170,000 (54,830,000) 2018/2019 37,000,000 5,255,897 (31,744,103) As indicated in the table above, the board is facing serious financial challenges because of the following reasons: (a) The funds allocated to the board are insufficient. (b) The Funds are not disbursed to the board as per approved budget. (c) The Funds are not disbursed to the board on time. 8.3 HUMAN RESOURCE CHALLENGE The current employees of the board are given in the Table below:- Designation No. Chief Executive Officer CEO/Secretary 1 Accounts Assistant 1 Data Analyst 1 Administrative Assistants 2 Clerical Officers 3 Drivers 5 Office Messengers/Tea Girls 2 PA Chairman 1 Total Secretariat staff 16 As indicated in the table above, the board is facing Human Resource challenges because of the following reasons: (a) Lack of qualified and experienced staff to advice the Chief Executive Officer/CEO. (b) Inadequate secretariat staff. (c) Lack of skilled manpower in some professions. 8.4 PHYSICAL RESOURCE CHALLENGES The board is currently housed in rented premises instead of its own premises which is very expensive to the county. The numbers of vehicles is insufficient since currently the Board Members have only four (4) vehicles. 9.0 RECOMMENDATIONS On the basis of the findings and conclusions the board made the following recommendations:- 1. That Migori County Government undertake County Civic Education Forums to sensitize the public on the Constitution of Kenya, 2010, and County Governments Act, 2012. The mandate on Migori County Public Service Board, gender mainstreaming, Rights of Persons With Disabilities (PWDs). 2. That Migori County Government should support and encourage women and youth to organize self-help groups and co- operatives. 3. That Migori County should conduct baseline survey on impact of Women Enterprise Development Fund (WEDF) on the Economic Empowerment of Women in Migori County. 4. That Baseline survey be conducted on the impact of Youth Enterprise Development Fund (YEDF) on the Economic Empowerment of youth in Migori County. 5. That National Values and Principles of Public Service, together with the rights enshrined in the Constitution should be mainstreamed in the activities of all departments in Migori County. 6. That the implementation of National Values and Principles of Public Service should be included in the performance contract of all departments in Migori County. 7. That Migori County Government ensure that there is public participation and stakeholder's engagement in the development of bills, policies, strategic plans, Work Plan and Budget for the county. public participation should be incorporated in all public processes 8. That Migori County should organize workshops to create awareness of the code of conduct by employees. 9. That the Youth, Women , PWDs and marginalized groups should be involved in activities in Migori County. 10'. That Migori County should accelerate the rate at which Bills are being developed and presented to County Assembly. 11. That baseline survey conducted on customer satisfaction in Migori County. 12. That a database of PWDs, women and youth capturing their qualifications and experience should be established in Migori County. 13. That Migori County should promote equality and freedom from discrimination in accordance with Article 27 of the Constitution of Kenya. 14. The county should ensure that there are gender desks in all department, institutions and public offices in Migori County. 15. That Migori County Government should develop County Social Protection Policy. 16. That Migori County Government develop County Policy on Community Development. 17. That Migori County Government develop County Public Participation Policy. 18. That Migori County Government develop and implement Code of Ethics that prescribes standards of conduct and integrity to be complied with by all Migori County employees. 19. That Migori County should develop and implement corruption eradication plan. 20. That all departments in Migori County should ensure that the Code of Conduct is effectively and efficiently implemented. 21. That all departments should ensure that there is efficient, effective and economic use of Human Resources. 22. That all departments should ensure that there is efficient and effective use of financial resources in Migori County. 23. That all departments should ensure that there is efficient and effective use of physical resources in Migori County. 24. That Migori County Public Service Board should ensure implementation of Principles of Leadership and Integrity and National Values and Principles of Public Service by departments. 25. That Migori County Government establishes institutional framework to monitor and evaluate the implementation of the Principles of Leadership and Integrity and National Values and Principles of Public Service in Migori County. 26. That the board should recruit Director Human Resource, Director Finance, Director Procurement and Legal Officer to advice the CEO/Secretary in their areas of specialization. 27. That County Treasury should ensure that sufficient funds are allocated to the board and that the funds are disbursed to the Board as per budget and in time. 28. That the board funds should be allocated to the board for building of its own offices and that more vehicles should be bought for the board in order to enable it carry out its activities effectively and efficiently. MARTIN SHIKUKU ARONDO, Secretary/C.E.O Migori County Public Service Board.

Dated the 21st June, 2019.

MARTIN SHIKUKU ARONDO,

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

Extracted Entities (2)

case_number

26 of 2016

previous_gazette_ref

5435

Details

Act / Legislation
THE COUNTY GOVERNMENTS ACT
Reference
No. 17 of 2012
Section
section 59(1) (F)
Signed By
MARTIN SHIKUKU ARONDO
Title
Secretary/C.E.O Migori County Public Service Board
Date Signed
21st June 2019
Page
23
Extraction Method
regex