GAZETTE NOTICE NO. 12558

in accordance with the Memorandum of Understanding between the County Government of Kisumu and the JHPIEGO Corporation (for USAID) Program. A total of195 Kisumu City cleaners had their terms converted from Casual to term contracts during the period. The Board also conducted suitability interviews for Medical Officers and converted their contractual terms of engagement from 6 months to 3 years. In addition, the Board renewed contracts for 133 officers and confirmed appointment of 43 officers into permanent and pensionable. The number of employees at the Kisumu County Public Service stood at 4,964 as at 31st December 2021 comprising 54% female and 46% male. During the period under review, twenty-six (26) officers exited the County Public Service. Out of this, nineteen (19) retired from Service, one (1) resigned and six (6) died while in service. There were a total of ninety-five (95) officers who were set to leave the County Public Service between July 2021 and June 2022 on attainment of the mandatory retirement age. The Board issued advisories to the County Executive on compliance with biennial Declarations of Income, Assets and Liabilities (DIALs) for the 2019-2021 period and ultimately coordinated the submission of declarations by all relevant officers beginning 1st November 2021. In terms of policy development and formulation, the Board commenced the development of a Service Charter. Significant strides were made in the promotion of values and principles provided for under Articles 10 and 232 of the Constitution of Kenya. Notably, the Board conducted a baseline survey on the status of compliance with the values and principles within the County Public Service. The Board presided over and finalized various disciplinary cases. The Board also processed and participated in a number of court matters with significant outcomes including the reinstatement of twelve workers in compliance with court orders requiring the implementation of mediation agreements. The Board continued to prioritize cooperation and consultation with the County Executive in disciplinary and court matters. In sheer commitment to fulfillment of constitutional requirements for affirmative action, the Board successfully recruited seven sign language interpreters who were strategically deployed. Further, the Board submitted an ethnic audit report to the National Cohesion and Integration Commission, which depicted an impressive, unprecedented representation of over twenty-eight (28) Kenyan ethnic communities and Counties within the Kisumu County Public Service. The Board was unable to accomplish most of the activities scheduled in its strategic plan and annual plan due to constant insufficient budgetary allocation. Nevertheless, through the available funds from the County Treasury and partnerships with Lap Fund and CPF, the Board was able to facilitate its activities and procure goods and services. It is important to note that the Board did not have any adverse audit queries during the period. PART A: GENERAL INFORMATION 1.0 INTRODUCTION The County Public Service Board is established pursuant to Article 235 of the Constitution of Kenya 2010 and Section 57 of the County Governments’ Act No. 17 of 2012. The functions of the Board are provided for under Section 59 of the Act. Section 59 (1)(d) of the Act, requires the County Public Service Board on behalf of the County Government to prepare regular reports for submission to the County Assembly on the Execution of the functions of the Board. Further Section 59 (1) (f) requires the Board to evaluate and report to the County Assembly on the extent to which the values and principles referred in Articles 10 and 232 of the Constitution are complied with in the County Public Service. The current members of the Kisumu County Public Service Board were appointed on 24thApril 2019, sworn in on 30th April, 2019 and gazetted on 4th June 2019 vide the Kenya Gazette Notice Number 5193 of even date. 1.1 FUNCTIONS AND POWERS OF THE COUNTY PUBLIC SERVICE BOARD The functions of the County Public Service Board are provided for/envisaged under Article 235 of the Constitution, and outlined in Section 59 of The County Governments Act as follows: • Establish and abolish offices in the County Public Service; • Appoint persons to hold or act in offices of the County Public Service including in the Boards; • Exercise disciplinary control over, and remove, persons holding, or acting in those offices as provided for under this part; • Prepare regular reports for submission to the County Assembly on the execution of the functions of the Board; • Promote in the County Public Service the values and principles referred to in Articles 10 and 232; 4090 4090 • Evaluate and report to the County Assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the County Public Service; • Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; • Advise the County Government on human resource management and development; • Advise County Government on implementation and monitoring of the national performance management system in counties; • Make recommendations to the Salaries and Remuneration Commission, on behalf of the County Government, on the remuneration, pensions and gratuities for County Public Service employees. 1.2 INDEPENDENCE OF THE BOARD Section 59A of the County Government Act (as amended) provides for the independence of the County Public Service Board in the following terms: “59A. In the performance of its functions, the county public service board shall- (a) Be independent and shall not be subject to the direction or control of any other person or authority; and (b) Adhere to the Constitution, this Act and any other relevant law.’’ 1.3 COMPOSITION OF THE BOARD Section 58 of the County Governments Act provides for the composition of the County Public Service Board as follows: “(1) The County Public Service Board shall comprise— (a) a chairperson nominated and appointed by the County Governor with the approval of the County Assembly; (b) not less than three but not more than five other members nominated and appointed by the County Governor, with the approval of the County Assembly; and (c) a certified public secretary of good professional standing nominated and appointed by the Governor, with the approval of the County Assembly, who shall be the Secretary to the Board.” The Kisumu County Public Service Board is composed of seven members as below: 1. Mw. Charles Babu Karan - Chairman of the Board 2. Mrs. Jacinta M. A. Kapiyo - Vice Chairperson to the Board 3. Mr. Otieno Nashon Aluoka - Member of the Board, and Chair for Discipline, Governance and Ethics Committee 4. Prof. Edward Joash Kochung’ - Member of the Board, and Chair for Recruitment, Selection and Capacity Development Committee 5. Dr. Stephen Orot - Member of the Board, and Chairperson for Human Resource Audit and Performance Management Committee 6. Ms. Jane Akinyi Oyare - Member of the Board, and Chairperson forFinance and Information Asset 7. CS. Hesbon Owuor Hongo - Board Secretary and Head of Secretariat The Board established five (5) committees to facilitate the delivery of its mandate as follows: i. Discipline, Governance and Ethics Committee ii. Recruitment, Selection and Capacity Development Committee iii. Human Resource Audit and Performance Management Committee iv. Finance and Information Asset Committee v. Agenda and Implementation Committee. 1.4 STRATEGIC OVERVIEW The Board commenced the implementation of its strategic plan for the period 2020 - 2024. The plan aims at guiding the Board in delivering its mandate and is a product of extensive collaboration and comprehensive feedback from all stakeholders. 1.4.1. VISION A responsive and performance driven County Public Service Board 1.4.2. MISSION STATEMENT To attract, retain, and transform County Public Service for efficient Service delivery 1.4.3. CORE VALUES The Board is guided by the following core values in the discharge of its mandate i. Responsiveness ii. Professionalism iii. Teamwork iv. Equity and Fairness v. Integrity The Board’s Strategic Plan (2020-2024) represents the collective and objective views of the Board, staff and stakeholders. It outlines existing and emerging challenges and sets out strategic directions for the next few years. The plan formulation process presented an opportunity for the Board to review and align its mandate, functions and resources with the Governor’s Manifesto, Kenya Vision 2030 and Kisumu County Integrated Development Plan (CIDP). The objectives and strategies set out in this plan aim to strengthen the core activities of the Board, as well as invest in strategic initiatives that will focus on the following priority areas: - • Institutional capacity of the Board • Enhancement of Board’s performance • Values and principles • Partnership and networking 1.5 THE SECRETARIAT The Board has three (3) main departments headed by directors as follows: i. Human Resource Management ii. Finance and Administration iii. Ethics and Governance. The Secretariat is headed by the Board Secretary/Chief Executive Officer and is responsible to the Board for the discharge of its mandate through the provision of technical and operational support. Table 1: Composition of Secretariat Staff by Gender, Designation and Job Group as at 31st December 2021 S/N Designation Job Group Male Female Total In Post 1. Director Human Resource Management R 1 0 1 2. Director Ethics and Governance R 0 1 1 3. Director Finance and Administration R 1 0 1 4. Principal Finance Officer N 0 1 1 5. Procurement and Logistics Officer M 0 1 1 6. Chief Administrative M 0 2 2 15th September, 2023 THE KENYA GAZETTE S/N Designation Job Group Male Female Total In Post Officers 7. Legal Assistant K 0 1 1 8. Human Resource Assistants K 1 1 2 9. Records Assistant K 0 1 1 10. Driver I F 1 0 1 11. Driver II E 1 0 1 12. Driver III D 2 0 2 13. Office Assistant G 0 2 2 14. ICT Assistant H 1 0 1 15. Accounts Assistant H 1 0 1 TOTAL 9 10 19 1.6 OBJECTIVE OF THE REPORT Section 59 (1) (d) requires the County Public Service Board to prepare regular reports for submission to the County Assembly. Further, Section 59(1) (f) invites the County Public Service Board to evaluate and report to the County Assembly on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the County Public Service. The main objectives of the report are: i. To ensure that the Board Complies with the relevant provisions of the County Governments Act, 2012, labour laws, regulatory requirements, corporate governance and best practices of human resource activities, as pertains to the preparation and submission of the annual report to the County Assembly ii. To report the Board’s activities in a transparent manner to enhance transparency and accountability. 1.7 SCOPE OF THE REPORT This report covers the period from 1st January 2021 to 31st December 2021 and covers all activities of the Board during the period. PART B: PERFORMANCE INFORMATION 2.0 PERFORMANCE REPORTS The Board discharged its various roles and functions through the five (5) Committees. Each Committee comprised of at least three Board members. The committees are: 1. Discipline, Governance and Ethics Committee 2. Recruitment, Selection and Capacity Development Committee 3. Human Resource Audit and Performance Management Committee 4. Finance and Information Assets Committee 5. Agenda and Implementation The Committees’ performance during the period under review were as outlined below. 2.1 RECRUITMENT SELECTION AND CAPACITY DEVELOPMENT COMMITTEE During the period, the Committee performed various functions as highlighted below: 2.1.1. RECRUITMENT AND SELECTION The Board filled through competitive process vacant positions in various offices/departments as shown below: - S/N Description Total M F Youth PWD Dominant Community Non- Dominant Community 1. MOH FACES 24 6 18 22 0 22 2 2. Nurses On Short Term Engagement 35 15 20 34 1 27 8 3. JOOTRH – Covid-19 Relief Funds 23 10 13 16 0 5 18 4. ICAP – JOOTRH 15 7 8 7 0 15 0 5. Medical Officers 14 12 2 14 1 14 0 6. Sign Language 7 1 6 3 3 7 0 Interpreters 7. Chief Executive Officer – JOOTRH 1 1 0 0 0 1 0 8. Director Supply Chain Management 1 0 1 0 0 1 0 9. Chief Supply Chain Management Officers 12 3 9 6 0 12 0 10. Support staff 16 10 6 16 0 10 6 Totals 148 65 83 118 5 114 34 In addition, the Board approved the engagement of Road Maintenance Teams in the Department of Roads, Transport and Public Works as follows: five (5) Technical Supervisors, thirty five (35) supervisors and two hundred and seventy-three (273) casual workers. 2.1.2 CONVERSION OF TERMS FROM CASUAL TO CONTRACTS During the period, the Board converted terms of engagement of one hundred and ninety-five (195) Kisumu City Casual workers to three (3) year contracts as Support Staff and placed them on Job Group CPSB 18 (equivalent to JG ‘A’). 2.1.3 ABSORPTION/TRANSITION OF AFYA HALISI (USAID) STAFF Based on a memorandum of understanding between the County Government of Kisumu and the JHPIEGO Corporation for USAID, the Board transitioned sixteen (16) former Afya Halisi staff and placed them on Six (6) month contracts at the rates equivalent to the Universal Health Coverage workers. The officers had specialized training in reproductive health. The Department of health was expected to make a provision in their budget for the financial year 2021/2022 to enable the Board to absorb the officers or place them on long term engagement. 2.1.4 SUITABILITY INTERVIEWS The Board conducted suitability interviews for fifteen (15) Medical Officers who were engaged on short term basis for purposes of covering the duties of officers who had resigned from service and to address the influx of patients seeking medical services in the wake of the Covid-19 pandemic. Fourteen (14) of the officers were successful and were issued with three (3) year contracts as shown in (1) above while one (1) officer was unsuccessful. There were other requests from the County Executive for Suitability Interviews. However, the Board advised that all the vacant positions be filled competitively internally. Accordingly, the County Executive was advised to consolidate all vacant positions in job group CPSB 07 to CPSB 03 and forward to the Board for advertisement internally. 2.1.5 CONFIRMATION IN APPOINTMENTS The Board confirmed the appointment of forty-three (43) officers into permanent and pensionable terms of employment in accordance with Section 71 of the County Governments’ Act, 2012 following the successful completion of their probation period. 2.1.6 CONTRACT RENEWALS During the period, the Board renewed contracts for officers in different departments as follows: S/N Department No. of Officers Duration of Contract 1. Finance and Economic Planning 30 3 Years 2. Governance and Administration 9 3 Years 3. Afri-Cities Secretariat 1 3 Years 4. Tourism, Sports, Arts and Culture 38 1 Year 5. ICT, Education and HCD 1 1 Year 6. Health and Sanitation 54 6 Months TOTAL 133 2.1.7 INDUSTRIAL ATTACHMENT FOR STUDENTS S/N Department No. of Students 1. Agriculture 2 2. Business , Marketing and Cooperatives 1 3. Public Communications 2 4092 4092 S/N Department No. of Students 4. Education, ICT and HRD 24 5. Energy and Industrialization 2 6. Finance and Economic Planning 30 7. Governance and Administration 17 8. Health and Sanitation 1 9. Kisumu City 21 10. Lands and Physical Planning 41 11. Roads, Transport and Public Works 39 12. Tourism, Culture, Arts and Sports 7 13. Water, Environment and Natural Resource 13 TOTAL 200 During the period, the Board accepted requests and placed two hundred (200) students on Industrial attachment as follows: 2.1.8 TRAINING REQUESTS During the period under review, the Board approved training requests for the following officers: S/No. Name Course Duration 1 Dickson Okange Malit Higher National Diploma in Clinical Medicine and Surgery months 2. Moline Atieno Ochieng Pediatric Nursing 1 year 3. Sharon Liz Mito Higher National Diploma in Nephrology 1 year 4. Lilian Atieno Aduodo Bachelor Of Clinical Medicine & Surgery 3 years 5. Dr. Shem Rakewa Masters in Dental Surgery – Oral Pathology – Moi University 5 years 6. Dr. Catherine Awuor Rasowo Masters in Medicine (M.MED) 3 years The Board also approved requests for extension of study leave for the following officers: S/No. Name Course Duration 1 Dr. Molla Lolla Pediatric Emergency and Critical Care - UON 10 months 2. Dr. Mwanajaa Mwachui Masters in Critical Oncology and Nuclear Medicine – Alexandria University 10 months 3. Dr. Roseline R. Ojwang Higher Diploma In Clinical Medicine and Surgery – Medical Oncology - MTRH 10 months In addition to the above, the Board and Secretariat staff attended various seminars, workshops and conferences as well as capacity building courses aimed at effective and efficient service delivery at the Board. CONFERENCES/WORKSHOPS/SEMINARS AND MEETINGS S/No. Conference/Workshop/Meeting No. of participants Month 1. IHRM training on HR Improvement and Future Analysis 8 January 2. Senior Managers Course on Effective Meetings – ICS 8 February 3. Corporate Governance and Board Competency Programme – ESAMI 7 March 4. Recruitment, Selection and Capacity Development Committee Retreat April 5. 37th Annual ICPAK Seminar 4 May 6. Finance & Information Assets Committee Workshop 11 May 7. 7th Annual IHRM Congress 14 June 8. Recruitment, Selection and Capacity Development Committee 12 August S/No. Conference/Workshop/Meeting No. of participants Month Retreat 9. Preparation of 2021 Mid-year report 7 August 10. Kenya Veterinary Association Annual Scientific Conference & World Rabies Day Celebrations 1 September 11. E-Governance & challenges of E- Service delivery in the Public Service Course – ESAMI 7 October 12. E-Governance & challenges of E- Service delivery in the Public Service 4 October 13. IHRM 7th Annual Congress 3 October 14. Ethics, Discipline & Governance Committee Meeting 9 November 15. 38TH Annual ICPAK Seminar 4 November 16. 6TH HR Symposium 1 November 17. LSK - CPD Training 2 December 2.1.9 WORK IN PROGRESS The following activities are on-going and will be concluded by the Board in due course. i. Hiring of Assistant ECDE Teachers ii. Hiring of Vocational Training Centre Trainers iii. Hiring of Health workers The process of hiring Assistant ECDE Teachers and Vocational Training Centre Trainers was halted owing to financial constraints and will be continued once funds are available for the same. 2.2. HUMAN RESOURCE AUDIT AND PERFORMANCE MANAGEMENT COMMITTEE The Committee covers Human Resource Planning, performance Management and employee relations. Owing to the Covid-19 pandemic and limited resources, the Committee was unable to carry out most of its planned activities like Human Resource Audit and skills gap survey. These activities will be prioritized in the next performance period. 2.2.1 STAFFING LEVELS As at 31st December 2021, the total number of staff engaged in the Kisumu County Public Service was as follows: Details No. of Officers Staff on the IPPD Payroll Male Female 1581 2128 Staff paid vide Payment Voucher 711 544 Total 2292 2672 Total No. of Officers in the Public Service 4,964 2.2.1 STAFF PROMOTION During the period, the Board promoted a total of three hundred and thirty-four (334) officers across various Departments. The promotions were effected in February 2021. A further request was received for promotion of nine hundred and sixty (960) officers who were due for promotion. However, this request could not be processed within the period because it was not budgeted for in the 2021/2022 financial year and will be reviewed when funds become available. 2.2.2 RE-DESIGNATIONS The Board re-designated a total of forty (40) officers during the period under review. Most of the officers were from the department of Health and Sanitation and were distributed as follows: 15th September, 2023 THE KENYA GAZETTE Kisumu West—10% Kisumu Central—27% Kisumu East—22% Nyakach—10% Muhoroni—18% Seme—3% Nyando—2% Other Counties—8% 2.2.3 TRANSFER OF SERVICE During the period, the Board approved requests from two (2) officers who transferred their services from the Kisumu County Public Service to other Public bodies; one from the Department of Health and Sanitation and the other from the Department of ICT, Education and Human Resource Development. 2.2.4 RETIREMENT UNDER THE ‘50 YEAR’ RULE The Board received one request for early retirement during the period. The request was approved and the officer was allowed to leave. 2.2.5 STAFF SEPARATION During the period under review, nineteen (19) officers retired from the County Public Service, one (1) resigned, while six (6) officers regrettably passed on. As at 31st December 2021, an estimated total of Ninety Five (95) officers were set to leave the County Public Service between July 2021 and June 2022 upon attainment of the mandatory retirement age. 2.3 DISCIPLINE, ETHICS AND GOVERNANCE COMMITTEE The Discipline, Ethics and Governance Committee is tasked with overseeing disciplinary control, ethics and governance and employee relations matters of the Board. This role extends to developing policies, providing strategic direction and leadership on all matters relating to discipline, ethics and governance in the County Public Service. 2.3.1 DECLARATION OF INCOME, ASSETS AND LIABILITIES (DIALS) Section 26 (1) of the Public Officer Ethics Act, CAP 183 Laws of Kenya (Revised, 2012), provides that every public officer shall, once every two years, submit to the responsible commission for the public officer a declaration of the income, assets and liabilities of himself, his spouse, or spouses and his dependent children under the age of 18 years. During the period under review, the Board continued to receive late submission of DIALs pursuant to Section 26 (1) of the Public Officer Ethics Act, and accordingly maintained a comprehensive updated register of DIALs. In light of the fact that 2021 is a declaration year, the Board prioritized measures to aid preparedness by all relevant stakeholders in readiness for/anticipation of the biennial declaration exercise for the 2019-2021 period. In this regard, the Board issued multiple advisories to the County Executive highlighting general guidelines and procedures on DIALs in order to facilitate seamless compliance during the anticipated declaration exercise. Further, the Board held continuous deliberations with relevant offices of the County Executive for purposes of ensuring that adequate enabling mechanisms are put in place prior to the upcoming declaration exercise. These efforts culminated in the coordination and monitoring by the Board of completion and submission of DIALs by all relevant officers from 1st November 2021. 2.3.2 POLICY DEVELOPMENT/FORMULATION During the period under review, the Board prioritized the review of the Kisumu County Public Service Human Resource Policy and Procedure Manual for purposes of synchronizing it with applicable Public Service Commission annual revisions, and to effect other necessary amendments. Significant progress was also made towards the finalization of the Board Charter. These activities were fueled by the Board’s commitment to enhancing good governance and proper human resource management within the County Public Service. 2.3.3 DISCIPLINARY & COURT CASES During the period under review, the Board was actively engaged in processing various court and disciplinary cases forwarded by various departments as summarized below. Summary of court and disciplinary cases which the Board has been involved with during the period under review Case Progress/Status 1. Republic vs. County Executive Member for Finance and Economic Planning of the County Govt. of Ksm, County Public Service Board of the County Government of Kisumu and Lucy Atieno Matengo (ex-parte Applicant) JUDICIAL REVIEW NO. E014 of This Application emanated from Lucy Atieno Matengo vs. KCPSB. ELRC NO. 282 OF 2018 formerly Lucy Atieno Matengo vs. KCPSB and H. E. Prof. Peter Anyang Nyongo wherein judgment was issued on 7th April 2021 and the Plaintiff awarded Kshs. 2,539,120. On 7th September, an application of judicial review for an order of mandamus under certificate of urgency was filed On 19th October, 2021, the matter came up for hearing. On 18th November, 2021, the Court declined to issue the orders sought and dismissed the Application on grounds of non-compliance with the provisions of Section 21 of the Government Proceedings Act, since the Applicant had not furnished the Court with Decree and certificate of costs, and Certificate of order (Order 29 Rule 3 of the Civil Procedure Rules). 2. Dennis Otieno Ondago vs. County Government of Kisumu (1st Respondent) and Kisumu County Public Service Board (2nd Respondent) ELRC NO. 33 OF 2019 -The matter was mentioned in Court on 4th February 2021 and a further mention for directions fixed for 11th March 2021. -On 11th March, the Respondents requested to settle the matter out of court, which prayer was granted. -The parties however failed to reach a settlement and went back to court on 29th April praying for a hearing date, which was set for 5th October 2021. -The matter was heard to conclusion and is pending judgment on 9th February 2022. 3. Domnic Odhiambo Osimbo and 94 Others vs. County Government of Kisumu ELRC NO. 259 0F Judgment was delivered on 3rd March 2021 and the entire claim dismissed. 4. Republic (Applicant) vs. The Kisumu County Secretary (Respondent) & The Kisumu County Public Service Board (Interested Party) ex-parte Joseph Arung Okweso ELRC JUDICIAL REVIEW NO. E003 OF 2020 Judgment was delivered on 2nd June, 2021 and the matter dismissed entirely. 5. Benard Omondi Ouko vs. KCPSB, County Govt. of Kisumu & Abala Wanga. ELRC NO. E007 OF 2020. -The matter came up in court on 7th December 2021 for confirmation of filing of submissions and further directions will be given on 24th January 2022. 4094 4094 Case Progress/Status 6. Kenya Medical Practitioners Pharmacists and Dentists Union vs. Council of County Governors, Cabinet Secretary Ministry of Health, Cabinet Secretary Ministry of Labour and Social Protection and all County Governments and Public Service Boards and Nairobi Metropolitan Services (interested party) ELRC NO. E6464 OF 2020. -On 23rd December 2020 the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) resolved to call off the strike after reaching a return-to-work formula agreement with the Government. -Status quo maintained 7. Kenya National Union of Nurses vs. Kisumu, Kakamega, Nakuru, Kericho, Makueni, Laikipia, Murang’a, Nyeri, Nyandarua, Kiambu, Kitui and Kilifi Public Service Boards. ELRC NO. 64 OF 2020. -Most nurses resumed work after a series of court rulings that deemed their strike illegal, and ordered them to continue working as negotiations went on. -The Court also ordered that all disciplinary measures against the clinical officers be stopped and that employers pay salaries for all workers. -Kenya Union of Clinical Officers (KUCO) Chairman Peterson Wachira directed all members to resume work but also noted that their grievances remain unresolved. -Kenya National Union of Nurses (KNUN) Chairman Seth Panyako also cited the court order by Justice Maureen Onyango as a reason to call off the strike, and asked all the health workers to resume duty not later than 25th February 2021. -Status quo maintained. 8. The Kenya National Union of Nurses vs. Migori, Vihiga, Transnzoia, Elgeyo Marakwet, Nyamira, Uasin Gishu, Siaya, Busia, Kisumu and Nandi County Public Service Boards ELRC CAUSE NO. E017 OF 2021 -On 23rd February 2021, the Court ordered that all nurses resume work. The nurses complied, ending the 70 day strike. -The Court also ordered that all disciplinary measures against the nurses be stopped and that employers pay salaries for all workers. -Kenya National Union of Nurses (KNUN) Chairman Seth Panyako cited the court order as a reason to call off the strike, and asked all the health workers to resume duty not later than 25th February 2021. -Status quo maintained 9. Amos William Omollo vs. County Government of Kisumu, Governor Kisumu County, County Secretary and Chairman of KCPSB. ELRC NO. 42 OF 2017. -Judgment in this matter was entered on 2nd December 2021. The Court found no merit in the amended petition and subsequently dismissed the same in its entirety with an order that costs be borne by each party. 9. Mediation Matters; 1. Elizabeth Owino Otieno vs. County Govt. of Kisumu, ELRC NO. 307 of 2017 2. Samuel Omondi Otieno vs. County Govt. of Kisumu, ELRC NO. 308 of -Claimants had temporary contracts of employment with the now defunct Kisumu County Council and were sacked via sms on 22nd January 2014. The matters were referred to court annexed mediation proceedings, wherein it was agreed that they be reinstated and their letters be backdated to 1st November 2020. -In compliance, the Board issued the Case Progress/Status 3. Elias Otieno Otieno vs. County Govt. of Kisumu, ELRC NO. 309 of 4. George Oloo Ongare vs. County Govt. of Kisumu, ELRC NO. 310 of 2017 5. Tom Odongo Weda vs. County Govt. of Kisumu, ELRC NO. 311 of 6. Simon Otieno Onyango vs. County Govt. of Kisumu, ELRC NO. 312 of 2017 7. Moses Odhiambo Menga vs. County Govt. of Kisumu, ELRC NO. 313 OF 2017 8. Beatrice Akeyo Onduru vs. County Govt. of Kisumu, ELRC NO. 314 OF 2017 9. George Onyango Kungu vs. County Govt. of Kisumu, ELRC NO. 315 of 10. Alice Khajievi Cheto vs. County Govt. of Kisumu, ELRC NO. 316 of 11. Benter Adhiambo Okumu vs. County Govt. of Kisumu, ELRC NO. 317of 2017 12. Ali Ramadhan vs. County Govt. of Kisumu, ELRC NO. 318 of 2017 reinstatement offer letters on contractual basis for a period of 3 years beginning 1st November 2020 to the following: 1. Ali Ramadhan 2. Moses Odhiambo Menga 3. Elias Otieno Otieno 4. Tom Odongo Weda 5. Benter Adhiambo Okumu 6. George Onyango Kungu 7. Alice Khajievi Cheto 8. George Oloo Ongare 9. Samuel Omondi Otieno 10. Simon Otieno Onyango 11. Elizabeth Awino Otieno -Beatrice Akeyo Onduru is deceased. -Concluded. 10. Samuel Ogonji and 31 Others vs. the County Govt. of Kisumu and KCPSB. ELRC NO. 21 OF - The Board held a meeting with the Claimants’ Advocate and it was agreed as follows: (a) All claimants below the age of 50 to be issued with appointment letters on permanent and pensionable basis effective 1st November 2020, as the initial letters terms issued by the Board (but were rejected by the claimants) were expiring on 30th October 2020. (b) All claimants above 50 years to be issued with appointment letters on contractual basis of 3 years. - As at 11th February 2021, all the applicants had collected their letters except:- 1.) Nicholas Otuoma 2.) Irene Akinyi -Concluded. 11. 1. Leonard O. Omondi vs. Kisumu County Govt., ELRC No 120 of 2020 2. Jane Awino Onyango -The Claimants entered into a temporary contract of employment with the now defunct County Council of Kisumu, were issued with appointment letters in 2013 and 15th September, 2023 THE KENYA GAZETTE Case Progress/Status vs. Kisumu County Govt. ELRC No 121 of 2020 3. Joice Akoth Apondi vs. Kisumu County Govt. ELRC No. 122 of 2020 4. Maurice Otieno Origa vs. Kisumu County Govt. ELRC No. 123 of 2020 5. Juliana Akinyi Lalo vs. Kisumu County Govt. ELRC No. 124 of 2020 6. Andrew Juma Oliech vs. Kisumu County Govt. ELRC No. 125 of 2020 7. Geofrey Odhiambo Onoka vs. Kisumu vs. Kisumu County Govt. ELRC No. 126 of 2020 absorbed as accounts clerks at Treasurer’s department. They allege the contracts expressly implied that they would be absorbed on permanent basis upon expiry of the probation period. -In 2014 they were relieved of their duties via sms but continued working without pay and were never confirmed as permanent and pensionable employees despite numerous requests and appeals to the defunct county council and the new county government. -On 15th October the matters went for hearing and were all referred to mediation. They will be mentioned on 10th December 2021. 12. Lucy Atieno Matengo vs. KCPSB. ELRC NO. 282 OF 2018 formerly Lucy Atieno Matengo vs. KCPSB and H. E. Prof. Peter Anyang Nyongo -Ruling was delivered on 2nd May 2019 by thus;- a. The claimant was sent on compulsory leave by the 2nd Respondent in his capacity as the Governor of Kisumu and not in his personal capacity. b. The KCPSB was not involved in the matter at all. -Matter came up for hearing on 25th November 2020 and the Plaintiff’s case was heard to conclusion. -Defendant’s case was slated for hearing on 15th December 2020, during which the County Secretary and the Secretary to the Board were expected to testify. -On 25th November 2020, the matter was heard to conclusion and Judgment issued on 7th April 2021. -Plaintiff was awarded Ksh 2,539,120, the sum of Ksh 905,520 being for loss of salary and Ksh. 1,633,600 for gratuity. -Plaintiff’s prayer that the County government foots costs of the case was dismissed/denied. 13. Carren Atieno Otieno -Concluded 14. Emmanuel Kilinda Kilei -Concluded 15. Dedan Oyieno Ongong’a -Concluded 16. Jane Gor and 43 Others -Concluded 17. Silvanus Munala (Revenue Officer III) - He was involved in his capacity as an accountant and was the whistleblower. He: - Held all the files for about three months without releasing them for further evaluation. - Alerted treasury of his discomfort in processing the payments. - Received threats through WhatsApp messages from the Ag. Director TVET over the delayed processing of the 20 files. Case Progress/Status - Was accused of inappropriately charging all the 20 files. -Staff Disciplinary Committee 2 sat on 17th August 2020 and recommended that the officer be warned, reinstated and transferred. This was because there was no actual loss, only non-compliance with procurement laws. On 6th October 2020, the County Human Resource Advisory Committee (CHRAC) sat, deliberated and affirmed the decision. 18. Haggai Kadiri (Chief Officer Women, Youth and PWDs) -Accused of not handling the responsibilities and duties that came with his position with the level of diligence that it deserved as well as disregarding the procedures and regulations stipulated in the Public Procurement Asset and Disposal Act, 2015, Public Finance Management Act 2012 and the code of regulations governing public service. As a result of this, Ksh. 38,330,450 was misappropriated. -Thorough investigations established that there was no wrong doing on his part and through a letter dated 4th May 2020, his suspension was lifted. -Via a meeting by Staff Disciplinary Committee 2 on 19th August 2020, he was reinstated and was to be paid all his basic salary arrears and allowances from the date of his suspension. 19. Margret Apondi (Graduate Principal Teacher II, Ag Director ECDE) - She was involved in printing of 1000 t-shirts but only 86 were delivered. -Claimed all the 1000 were printed and delivered. -Evidence to demonstrate receipt of the goods by the user was never produced. - Further investigations to be conducted by an external body on the validity of payments. -On 17th August 2020, Staff Disciplinary Committee II sat and recommended that the officer be warned, reinstated and transferred. This was because there was no actual loss, only non-compliance with procurement laws. On 6th October 2020, CHRAC sat, deliberated and affirmed the decision. 20. George Rombo (Community Development Officer, Ag Director, Youth and Gender) - He was accused of signing all the files as an AIE-Holder, yet he had no holding rights. - Further investigations to be conducted by an external body on the validity of payments. - On 17th August 2020, Staff Disciplinary Committee 2 sat and recommended that the officer be warned, reinstated and transferred. This was because there was no actual loss, only non-compliance with procurement laws. 4096 4096 Case Progress/Status On 6th October 2020, CHRAC sat, deliberated and affirmed the decision. 21. Samuel Jaoko (Purchasing / Procurement Officer) - He procured the goods and services for the 20 files in question. Although he argued that all goods and services were competitively sourced and that all procurement procedures were adhered to, the absence of S11 documents in all the files indicated that goods were not inspected by the department. - Further investigations to be conducted by an external body on the validity of payments. - On 18th August 2020, Staff Disciplinary Committee 2 sat and recommended that the officer be warned, reinstated and transferred. This was because there was no actual loss, only non-compliance with procurement laws. On 6th October 2020, CHRAC sat, deliberated and affirmed the decision. 22. Emily Ohore (Youth Polytechnic Instructor, Ag Director TVET) -She was accused of irregularly authorizing AIEs of other directorates e.g. ECDE. The Ag. Director ECDE denied having knowledge on orientation of ECDE teachers countrywide. - Further investigations to be conducted by an external body on the validity of payments. - On 18th August 2020, Staff Disciplinary Committee 2 sat and recommended that the officer be warned, reinstated and transferred. This was because there was no actual loss, only non-compliance with procurement laws. On 6th October 2020, CHRAC sat, deliberated and affirmed the decision. Source: Ethics and Governance Department, December, 2021 2.3.4 AFFIRMATIVE ACTION The Board continued to strive towards compliance with constitutional requirements on gender balance, non-dominance community, youth and persons with disability. Notably, the Board successfully recruited sign language interpreters who were deployed to various departments within the County Public Service. During the period under review, the Board submitted an ethnic audit report to the National Cohesion and Integration Commission (NCIC). The ethnic audit revealed an unprecedented representation of over twenty eight (28) Kenyan ethnic communities and Counties within the Kisumu County Public Service. 2.4 AGENDA AND IMPLEMENTATION COMMITTEE The Agenda and Implementation Committee is tasked with implementation of the Board’s agenda. This role encompasses coordinating and monitoring the implementation of the Board’s strategic plan, as well as the development and monitoring of annual work plans. During the period under review, the Agenda and Implementation Committee supported all internal and external activities by the various committees of the Board and also facilitated the actualization of inter departmental and intra departmental activities within the Board Secretariat. The Committee prioritized planning and coordinating of the said activities with a view of actualizing the Board’s strategic plan and annual work plan. The Board, under the auspice of the Agenda and Implementation Committee conceptualized and operationalized its inaugural Implementation Status Tracking Tool for purposes of monitoring implementation of Board resolutions and overall agenda, and enhancing accountability in service delivery. 2.5 FINANCE AND INFORMATION ASSETS COMMITTEE The Finance and Information Assets Committee is charged with the responsibility of mobilizing financial resources, sourcing for and funding the Board’s activities. It is also mandated with the protection of both physical and digital information assets of the Board. 2.5.1 BUDGET IMPLEMENTATION IN THE FY 2020/2021 The Financial Year for the Board starts on 1st July and ends on 30th June, therefore this Annual Report for the year 2021 covers the second half of the FY 2020/2021 and the first half of the FY 2021/2022. It therefore reports on activities done in the two financial years, from January to December 2021. In the FY 2020/2021, the Board’s approved budget was Ksh. 76,784,043. This was a 61.4% increase from the Ksh. 47,579,162 budget allocation in the previous FY 2019/2020. At the close of the financial year 2020/2021, the supplementary budgeting process reduced the Board’s allocation by Ksh. 8,000,000 to Ksh. 68,784,043. Despite the budget allocation, the Department usually incurs expenses only in line with the Authority to Incur Expenditure (A.I.E.s) given by the County Treasury. Out of the revised operations and maintenance budget of Ksh. 28,797,419, the Public Service Board received A.I.E.s totalling Ksh. 18,249,739 (63.37%). The expenditure summary in the FY 2020/2021, for amounts fully processed and paid is shown in the table below: Expenditure category Approved Estimates Total Payments Balance (KSh.) Percentage utilized Personnel and Emoluments 37,604,801 37,036,297 568,504 98.49 Use of goods and services 31,179,242 18,327,770 12,851,472 58.78 68,784,043 55,364,067 13,419,976 80.49 Note: Personnel & Emoluments amount includes gratuity for Board members and Directors. In the FY 2021/2022 the Board’s approved budget is Ksh. 75,031,463, depicting a 9.1% increase from the Ksh. 68,784,043 budget allocation in the previous FY 2020/2021. 67.4% of the current approved operations and management budget of Ksh. 32,049,481 has been financed through A.I.Es issued by the County treasury. Overall budget utilization stands at 42.65%, which is Ksh. 32,000,456. This reflects a positive improvement from previous period (first half of financial year) during which only 10% of the budget had been funded. PART C: COMPLIANCE WITH NATIONAL VALUES AND PRINCIPLES UNDER ARTICLES 10 AND 232 OF THE CONSTITUTION 3.0 INTRODUCTION Section 59 (1) (f) of the County Governments’ Act No. 17 of 2012 required the Board to evaluate and report to the County Assembly on the extent which Values and Principles referred to in Articles 10 and 232 of the Constitution of Kenya 2010 are complied with in the County Public Service. During the period under review, the Board achieved various milestones in the promotion of the Values and Principles espoused under Article 10 and 232 of the Constitution of Kenya as highlighted in the table below. Compliance with values and principles under Articles10 and 232 of the Constitution No. Government Commitments Selected By The Board Action(s) taken to Implement The Commitment Result(S)/Indicator (s) of Achievement (No./Percentage)- attach Evidence 1. The Rule of Law • Research and legal advice on proper Human Resource • In-house and external legal opinions. • Draft discipline 15th September, 2023 THE KENYA GAZETTE No. Government Commitments Selected By The Board Action(s) taken to Implement The Commitment Result(S)/Indicator (s) of Achievement (No./Percentage)- attach Evidence Management procedures and practices. • The Board followed up and advised on county human resource court and disciplinary cases. • The Board complied with Court Orders for reinstatement of twelve (12) former employees in accordance with Mediation agreements • Delayed conclusion of the recruitment process for the position of the City Manager pending the Court’s determination. • The Board complied with the PFM Act, 2012 • The Board complied with procurement regulations procedure manual for public service. • Offer of appointment letters issued to the twelve (12) officers • Maintained status quo of the Ag. City Manager • No adverse audit queries 2. Fair Hearing. • The Board heard and concluded five (5) appeals for reinstatement from former UHC Workers. • Letters of reinstatements issued to four (4) officers 3 Sharing and devolution of power • Participated in the deliberations on the appointment of Village Elders • Ongoing process 4 3 . Good governance • The Board attended training on Corporate Governance & Board Competency Course, ESAMI • Back to office report • The Board attended a training on Board and Senior Managers’ Course on effective Meetings – Organized by the Institute of Certified Secretaries • Back to office report • Conducted baseline survey on the status of compliance with values and principles within the County Public Service • Consultant’s report on the status of compliance with values and principles within the County Public Service . • The Board held a consultative meeting with the County Attorney for purposes of Accountability to the County Assembly. • Minutes of the consultative meetings. No. Government Commitments Selected By The Board Action(s) taken to Implement The Commitment Result(S)/Indicator (s) of Achievement (No./Percentage)- attach Evidence • The Board also held various consultative meetings with the Executive on recruitment related issues. • Minutes of the consultative meetings • Implementation Virtual Board meetings and job interviews in the wake of the Covid- 19 pandemic to ensure continuity in service delivery. • Board’s recruitment and appointment targets met. • Minutes of meetings. 5 4 . Democracy and participation of the people • Job advertisements and shortlisted candidates were widely circulated to reach a wider majority, and subjected to public scrutiny. • Advertisements accessible in various media platforms 6 Integrity • Issuance of Advisory to the County Executive in preparation for the Biennial Declarations in November 2021. • Monitoring the County Public Service compliance with Declaration of Income Assets and Liabilities • Submission of shortlisted and selected candidates to the Ethics and Anti- Corruption Commission for integrity verification • Conducting background checks on selected candidates before appointments • Advisory on DIALs issued to the County Executive concerning the 2019- 2021 declaration year. • Job adverts and interview invitations had a disclaimer cautioning candidates against fraudsters and canvasing. • Verified list of candidates. 7 Equality and non- discrimination • Ensuring gender and regional balance when hiring new staff at the Public Service Board • Open tendering processes and compliance with AGPO requirements • Positions and opportunities were fairly distributed across both genders. • Promotions targeted both genders and distributed across all levels/grades. • New hires reflect the face of the County and Kenya. • List of tenders awarded 8 Inclusiveness • Consideration of Special Interest Groups (SIG) when filling positions within the Public Service • Engagement of Seven (7) Sign Language • The number of Persons with Disabilities and the marginalized groups hired during the period. For instance, the appointment of 4 Sign Language Interpreters with 4098 4098 No. Government Commitments Selected By The Board Action(s) taken to Implement The Commitment Result(S)/Indicator (s) of Achievement (No./Percentage)- attach Evidence Interpreters Disability on affirmative action. 9 Transparency • Board recruitments are subjected to public scrutiny by advertisement of vacant positions, publishing of the shortlisted candidates on the website and other media platforms. • The Board submitted to the National Cohesion and Integration Commission (NCIC)a Report on the ethnic representation within the County Public Service • Job adverts posted on the website and Newspapers of wide circulation. • Shortlisted candidates posted on the County’s website • Copy of the report and acknowledgment of receipt from NCIC. PART D: CHALLENGES, RECOMMENDATIONS 4.0 CHALLENGES The Board relied mainly on funding from the County Government. However, the period was marred by underfunding and delayed disbursement of funds that has greatly hampered timely delivery of services at the Board and therefore affected the Board’s annual work plan. Like any other organization in the Country, the Board was not spared from the negative effects of the Covid-19 pandemic. Lack of automation of key processes like recruitment significantly impeded the operations at the Board during the period. 4.1 RECOMMENDATIONS The Board in the next few years, will continue to mobilize and petition the County Assembly for additional funds, develop an alternative fundraising strategy to complement the mainstream sources of funds, lobby for timely disbursement of funds and partnering with other stakeholders. PART E: PROPOSED ACTIVITIES 5.0 PROPOSED ACTIVITIES FOR THE YEAR 2022 The Board will prioritize the following activities in the next performance year: S/No. Activities Strategic Activities Review of Human Resource Policies and Procedures Manual Conduct Human Resource Audit Development of Code of Conduct and Ethics Acquire and operationalise an Integrated Human Resource Management Information System Operational Activities Implementation of the Annual work plan Operationalization of the Human Resource Policies and Procedures Manual Sensitize the County Executive on the role of the Public Service Board Promotion of Values and Principles Implementation of the report of the baseline survey on the status of compliance with values and principles under Articles 10 and 232 within the County Public Service. Quarterly outreach for sensitization on Articles 10 and 232 of the Constitution Undertake ethics risk assessment Hold a County Integrity Conference Performance Management and Staff Rewards Monitoring and evaluation of the implementation of performance contracts and staff appraisals within the County Public Service 5.1 CONCLUSION During the period under review, the Board made significant strides in the delivery of its mandate in spite of the highlighted challenges. In the ensuing year, the Board will prioritize staff capacity building to enhance individual performance and improve overall productivity within the County Public Service. MR/5150067