GAZETTE NOTICE NO. 67

For the purposes of this Report , under section 59 (1) (f), the board is required to evaluate and report to the County Assembly (of Siaya) the extent in which the value and principles referred to in Article 10 and 232 of the Constitution of Kenya are complied with within the public service of Siaya County Government. 2.1 ARTICLE 10 AND ARTICLE 232 OF THE CONSTITUTION OF KENYA Article 10 provides for national values and principles of governance while Article 232 provides for values and principles of Public Service. 2.1.1 Article 10 of the Constitution of Kenya Provides for national values and principles of governance which binds all state organs, state officers, public officers and all persons whenever any of them applies or interprets this Constitution, enacts, applies or interprets any law, or makes or implements public policy decisions. These include;  Patriotism, national unity, sharing and devolution of power, the rule of the law, democracy and participation of the people.  Human dignity, equity, social justice, inclusiveness, equality, human rights, non discrimination and protection of the marginalized.  Good governance, integrity, transparency and accountability.  Sustainable development. Siaya County Public Service Board has carried out its statutory duties bearing in mind and applying the tenets of Article 10 of the Constitution of Kenya, 2010. The board has promoted and continues to promote in the county public service of Siaya County Government the values and principles stated in Article 10. 2.2 APPLICATION OF VALUES AND PRINCIPLES IN ARTICLE 10 Considerations in appointment has been made based on:  Regional balancing; to ensure that the successful applicants are considered according to their Sub-counties, wards and counties of origin. This will ensure patriotism, national unity, sharing and devolution of power.  Competitive recruitment and selection for all vacant posts through advertisements in widely circulated media outlets. This ensures; the rule of law, democracy and people's participation. The board has also encouraged and utilized the services of experts and multi-stakeholders in this respect.  Accessibility of the board's services. This system ensures equity, social justice, inclusiveness, equality, human rights and non discrimination, and protection of the marginalized.  Evaluation of Recruitment and selection process through a board Report to all stakeholders and interested parties. This ensures good governance, instills integrity, transparency and accountability in the process.  The board has ensured sustainable development in the county through equity and social justice in sourcing of qualified staff to offer quality services to the county. The board is enhancing the same through a Strategic Plan 2014/2019.  The board has continuously provided advisory to the county government to ensure good governance and promotion of the values and principles. Such advisories have included but not limited to the following;  Advising the county government to create the office of the County Attorney and forward the request to the board to competitively source for competent officer to carry out the mandate of such office.  Advising the county government to properly establish the Ministries. This was necessitated by the challenges that were faced during recruitment and selection exercise.  Advising the county government on the need to adhere to and respect the good labour practice, industrial and employee relations. 2.2.1 ARTICLE 232 OF THE CONSTITUTION start Article 232 provides for values and principles of Public Service which include;  High standard of professional ethics, efficient, effective and economic use of resources.  Responsive, prompt, effective, impartial and equitable provision of services.  Involvement of the people in the process of policy making, accountability for administrative acts.  Transparency and provision to the public of timely and accurate information. 2nd January, 2015 THE KENYA GAZETTE  Fair competition and merit as the basis of appointment and promotions.  Representation of Kenya's diverse communities, affording adequate and equal opportunities for appointments.  Training and advancement at all levels of public service, of men and women, the members of all ethnic groups and persons with disabilities. 2.3 APPLICATION OF THE VALUES AND PRINCIPLES IN ARTICLE 232  The selection of the Board Members was competitively done. This ensured recruitment and selection of professionals in various disciplines to maintain high standards of professional ethics, efficiency, effective and economic use of resources.  The board works through Committees to ensure responsive, prompt, effective, impartial and equitable provision of services.  The recruitment process, field visits and the envisaged Strategic Plan 2014-2019 and the County Public Service Board Bill 2015 (proposed), involves people's participation through stakeholder engagement, open and competitive processes, to ensure people's views are taken into consideration.  The board responds to all the audit queries, enquiries from the public and other statutory organs of the County responsible for checks and balances.  The board ensures timely and accurate information sharing though reports and IT based systems. Interviewees are requested to make comments after conclusion of the formal interview;  The board, through selection process, ensures balancing of successful Candidates on gender, inclusion of non-dominant groups as well as persons with disability.  The board accords equal opportunities for appointments, facilitates training opportunities and advancement at all levels of Public Service in the County Government of Siaya. Below find the table of summary of appointments that have been made by the Siaya County Public Service Board during the period in review Table 1: Number employed at all levels of Public Service both appointed and nominated for the period January—December, 2014 Sub-Counties H.E The Governor‘s Office H.E the Deputy Governor‘s Office County Government GRAND TOTAL Male Female Male Female Male Female Youth Total TOTAL 1 Alego - Usonga 8 1 0 0 10 6 7 16 25 2 Bondo 2 0 7 3 7 8 8 15 27 3 Gem 0 0 0 0 12 1 2 13 13 4 Rarieda 0 0 2 0 4 6 5 10 12 5 Ugenya 0 0 0 0 3 5 4 8 8 6 Ugunja 1 0 0 0 11 8 10 19 20 7 Other Counties 2 0 0 0 5 6 1 11 13 8 Total 13 1 9 3 52 40 37 92 118 Figure 1: Graph Representation of Appointed and Nominated Employees THE KENYA GAZETTE 2nd January, 2015 16 16 3.0 WORK IN PROGRESS The board has completed the following processes awaiting appointments. 3.1 Ward Administrators Sub-County Number of Applicants Number Shortlisted Number Required Number Appointed Alego Usonga 36 26 6 6 Bondo 88 28 6 6 Gem 83 25 6 6 Rarieda 27 26 5 4 Ugenya 54 18 4 4 Ugunja 20 14 3 3 Other Counties 15 6 - 0 TOTALS 328 137 30 29 3.2 County Secretary Since inception of the County Government of Siaya, the position has been held on interim basis by three occupants. However, the recruitment process is underway as follows; Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 21/10/2014 18 7 Awaiting publication of shortlisting in the print media Interviews plan for January 2014 3.3 Secretary to the County Public Service Board The Secretary to the Public Service Board resigned in the month of May 2014 and the process to recruit a new one is underway as stated below; Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 21/10/2014 22 7 Awaiting publication of shortlisting in the print media Interviews plan for January 2014 3.3 Chief Officers (2) The selection for Chief Officer - Roads, Public Works and Infrastructure and Trade, Industrialization and Cooperative Development are underway. The Chief Officer Roads, Public Works and Infrastructure has been advertised four (4) times due to failure to attract a suitable candidate. The post of the Chief Officer Trade, Industrialization and Cooperative Development was advertised because the successful candidate declined the appointment. The selection process is underway as follows; 2nd January, 2015 THE KENYA GAZETTE Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 21/10/2014 Chief Officer Roads, Public Works and Infrastructure (10) 6 Awaiting publication of shortlisting in the print media Interviews plan for February 2014 Chief Officer Trade, Industrialization and Cooperative Development (14) 6 Awaiting publication of shortlisting in the print media Interviews plan for February 2014 3.4 Deputy Directors; Lands, Survey and Housing (3) The vacancies were advertised on 21 October, 2014. However, the process is awaiting consultation with the CEC and Chief Officer Lands, Survey and Housing in line with the new structure within the Lands, Survey and Housing docket 3.5 ICT (Ministry of Tourism, Wildlife and Information) The selection process is as follows; Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 02/07/2014 ICT Officer Job Group H (2 positions) 39 13 Awaiting publication of shortlisting in the print media Interviews plan for February 2014 3.6 Accountants (Ministry of Finance, Planning and Vision 2030). Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 02/07/2014 Accountant I Job Group M (64) 10 Awaiting publication of shortlisting in the print media Interviews plan for February 2014 3.7 Plant Operators and Tractor Drivers (Ministry of Public Works, Roads and Infrastructure) Date of Advertisement Total Number of Applicants Total Number Shortlisted Workplan Remarks 02/07/2014 27 9 Awaiting publication of shortlisting in the print media Interviews plan for February 2014 3.8 Economic Stimulus Programme Staff (Ministry of Health) Date of Suitability Test Total Number of Applicants Total Number Shortlisted Workplan Remarks 03/09/2014 to 03/10/2014 71 71 List of successful candidates forwarded to Director HR for action Awaiting confirmation of funds 3.9 Vacancies to be Advertised Department Positions Number Remarks Health  Pediatrician  Surgeon  Obstetrician/Gynecologist  Physician  Clinical Officer  Registered Nurses  Enrolled Nurses  Medical Laboratory Technologists 1 1 10 4 The Board has challenges with advertisement funds which has been communicated to requesting department and Interim County Secretary office for action Governance and Administration  Ward Administrators (South Uyoma Ward) 1 The Board has challenges with advertisement funds which has been communicated to THE KENYA GAZETTE 2nd January, 2015 18 18 Department Positions Number Remarks requesting department and Interim County Secretary office for action 4.0 CHALLENGES FACED BY THE BOARD IN PROMOTING VAL UES AND PRINCIPLES STATED IN ARTICLES 10 AND 232 OF THE CONSTITUTION OF KENYA 2010 4.1 GENDER BALANCE The Board has faced challenges in attaining gender balance due to;  Male and Female candidates excelling in different professional skills and capacities  Technical professions such as accounts, engineering and driving which attracts fewer female applicants than their male counterparts  Other field based professions such as Sub County and Ward Administrators also attracted fewer female candidates owing to the strenuous and rigorous nature of the training and the job. In conclusion the Board notes that gender balance will be attained gradually. However, the Board continues to encourage female applicants during advertisements for vacancies in the various cadres. 4. 2 RESIDENCE BY MARRIAGE VIS-A-VIS BIRTH Capturing data of applicants especially female applicants during data entry and short listing per Sub- county and wards creates confusion. At short listing, a candidate's identification documents may indicate that she is from a particular Ward, whereas at the time of interview she clarifies that she is from a different ward. Such claims requires proof such as Affidavit or Marriage Certificate which candidates normally lack. Such confusion affects the allocation of appointments and balancing in the wards and Sub counties. 4.3 REGIONAL BALANCING Whereas the board would want to uphold the requirement of regional balancing within the County, there have been challenges when it comes to meeting minimum requirements as per the advertised vacancies across the county. Applicants from certain areas are usually disadvantaged due to their levels of qualifications. The board has however had to invoke affirmative measures to mitigate these challenges to ensure equity and social justice. The board supplements adverts on print media with electronic particularly the local vernacular radio stations to reach a wider audience. The board further launched its website in October, 2014 at www.siaya.cpsb.co.ke to further reach even a more wider audience. 4.4 DIVERSE COMMUNITIES Siaya County is largely not cosmopolitan. People from other ethnic communities are present in the county mostly as public servants, students or members of the minority business community. Applicants for various vacancies are few and mainly from the neighboring counties. The law requires that the Dominant Ethnic Group be 70per cent and non-Dominant Ethnic Group be 30 per cent according to section 65 (1) (e) of the County Governments Act, No.17 of 2012. However, certain vacancies do not attract applicants from outside the Dominant Ethnic Group. To mitigate this, the Board has at times resorted to head hunting. As at now, Non- Dominant Ethnic Group stands at 5.93 per cent. It is the voluntary personal decision of an applicant to choose to respond to a vacancy announcement, however, it is the duty of the county government and by extension the Board to assure the eligible candidates of stability in job tenure. The Board has strived to ensure this through advertisements by indicating at all times that Siaya County is an equal opportunity employer. 4 .5 POLITICAL ENVIRONMENT The board recognizes the fact that it operates within a political environment amongst others. This therefore can affect certain aspects of recruitment and selection exercise and by extension the board's activities. The board however strives to remain apolitical while at the same time encourage consultation and consensus building in the discharge of its duties and delivering on its mandate. 4.6 INADEQUATE INFRASTRUCTURE Inadequate infrastructure is still a challenge in Siaya County as a whole and therefore by extension affects the Board's intention to attract competitive candidates and qualified personnel in its Public Service. Some of the neighboring Counties are better off when it comes infrastructure development thereby attracting applicants due to the same. The Board has noted that even some successful candidates are still compelled to seek residence in other Counties due to this challenge particularly when it comes to educational institutions, residential houses, ICT, medical facilities and road networks. 4.7 PERSONS WITH DISABILITY Advertised positions have so far attracted few people living with disabilities. The board is currently looking at ways and means of capturing data on disabilities among the applicants. Such initiatives may include requirements that enables the board to ascertain as at the time of short listing, information that can capture Persons Living With Disability . It is however important to recognize that vacancies such as drivers or ward administrators which require physical presence, para- military training or strenuous work, may pose a challenge to such persons living with disabilities. Despite the challenge, there have been people living with disability as successful candidates. 4.8 INADEQUATE FUNDING In the Financial Year 2014/2015 the board budgeted for Kshs. 107 Million for its operations. However, the board was allocated KSh. 53 Million which is less that 50 per cent of its budget. This has posed a challenge in the effective and efficient delivery of services. For example, the allocation of Kshs. 3Million for advertisement has already been exhausted as at November, 2014 thereby hampering recruitment and selection exercise. 2nd January, 2015 THE KENYA GAZETTE 4.9 OFFICE SPACE The board's offices are currently located at Ardhi House, Bondo. The Board is accommodated in the premise on tenancy basis. This poses the following challenges:  Commuter and shuttle difficulties to and from the County headquarters.  Inadequate office space and Board rooms to host both the Board Members and the Board's Secretariat.  Lack of security, particularly for documents, information and assets. The board, in mitigation, has sourced for Bills of Quantity from Department of Lands, Survey and Housing and applied for development funds for refurbishment of a block that has been donated by the Bondo Sub county Commissioner. The requests are pending at the offices of Director of Procurement and that of the Interim County Secretary. 5.0 WORKPLAN TO FORMULATE AND PROMOTE VALUES AND PRINCIPLES The board plans to launch the Siaya County Public Service Board Strategic Plan 2014- 2019 and the Siaya County Public Service Board Bill (proposed), in 2015 to ensure sustainable development and continuity of good governance in the implementation of its statutory functions and powers, as well as the tenets of Article 10 and 232 of the Constitution. The board shall ensure public participation and democracy in the process. The board plans to exercise its powers under section 59 (4) (a) and (i) of the County Governments Act, 2012 to inform and educate Siaya County Public Officers and the public about the values and principles and recommend to the County Government of Siaya effective measures to promote the values and principles. The board will assist the county in the formulation and implementation of programmes intended to inculcate in the public officers and the public the duty to uphold the values and principles. It will continuously assess and report on the status of compliance with the values and principles and hear complaints on the same and recommend actions to be taken on the issues raised. It will continue visiting the various work stations, offices and bodies at all levels within the County to ensure compliance to the values and principles in Article 10 and 232 of the Constitution of Kenya, 2010. The board has initiated partnership, networking and exchange programmes locally and overseas in its quest to cover a wider margin in the promotion of values and principles in its third year,2015. An example are the recent visits to the Public Service Commission of Kenya, The Directorate of Public Service Management and the UN Habitat. 6.0 CONCLUSION The board will strive to enhance, promote and entrench the tenets of Article 10 and 232 of the Constitution of Kenya 2010 in the public service and the public of Siaya County. SUSAN RABAH, MR/6724207 Ag. Secretary/CEO.