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GAZETTE NOTICE NO. 613

GAZETTE NOTICE NO. 613

THE COUNTY GOVERNMENTS ACT

(No. 17 of 2012)

ESTABLISHMENT


in accordance with the Constitution and section 59 (1) (d) and (f) and subsection (5) of section 59 of County Government Act (No. 17 of 2012) which states that the County Public Service Board shall: 59 (1) (d) prepare regular reports for submission to the county assembly on the execution of the functions of the Board. 59 (1) (f) 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. It is a requirement under section 59 (5) (a) of the County Governments Act (2012) that each County Public Service Board must deliver a report to the respective County Assembly in the month of December each year. The scope of the report which is itemized in the section 59 (5) (b-f) (Annex I) is primarily on the extent to which the county is implementing the promotion and protection of the principles and values elicited in Articles 10 and 232 of the Constitution This report meets all the requirements in section 59 sub section (5) of the county Government Act. Preface This report covers the period between July and December, 2013, a time of transition in the history of the County and the Nation in general. Indeed, the promulgation of the new constitution ushered in a new era in the governance of the Republic of Kenya. One key change introduced by this dawn was devolution. Following the passage of the constitution, several Laws have been passed by the national assembly, as envisaged by the same constitution, to actualize and implement it including rolling out devolution. Some of the Laws operationalizing devolution include the County Government Act 2012, the Transition to County Government Act and the Transition Act. On the 4th of March 2013, devolution became a reality to Kenya when Kenyans, through the ballot, voted for their first leaders under the devolved system of government. Since then, the County governments were established and first Governors sworn in. Subsequently, other organs and institutions that will deliver functions to this government were then sworn in. One such institution is the County Public Service Board. Elgeyo Marakwet County Public Service Board came into existence on 25th June 2013, when its members were sworn in. This report covers the period from then to 31st December 2013. As one of the organs responsible for the transition into a new government, the EMC-CPSB has taken this role with speed and diligence. As detailed in this report, the board has been instrumental in selection of chief-officers, filling positions in the County organization structure, delivering an HR planning strategy to the county, developing a board charter, establishing and adopting terms of reference for digital system for recruitment, selection and performance management. The board has also established structures and frameworks that will enable the county have an efficient and vibrant public service that is capable of service to its citizens. As we embarked on establishing our county structures, it has not been without challenges. As at the close of 2013, the EMC CPSB did not have a budget, offices nor a secretariat. The County Public Service Board has worked with the County Executive and the County Assembly through the CASB on several frontiers. We report that the task has been both challenging and exciting. We have shepherded and lived up to the values as enriched in the constitution, and we are continuously committed to ensuring that we have put in place structures to safeguard the constitution and all other Laws of the land. Yours Sincerely, GIDEON KIPYAKWAI Chairman, CPSB Abbreviations CC County Council CDF Constituency Development Fund CPSB County Public Service Board EACE East Africa Certificate Examination EMC Elgeyo Marakwet County F Female GEC Gender Equality Commission ID Identity Card J.G Job Group K.N Keiyo North K.S Keiyo South KCE Kenya Certificate Examination KCSE Kenya Certificate of Secondary Examination M Male M. W Marakwet West M.E Marakwet East PSC Public Service Commission TA Transition Authority Definition of Terms Assigned Appearing on the PSC list as working in the county Assigned and counted Refers to employees that were physically counted and are in the PSC list. Assigned but not counted Refers to the employees that were not physically counted during the headcount but their names are included in the PSC list. Casual Employment Engagement of human resources for a period ranging from hours up to three months Casual on commission Refers to employees engaged on casual terms and drawing a commission. Contract Employment Engagement of Human Resources on specified period but over three months THE KENYA GAZETTE 30th January, 2015 190 190 Counted but not assigned Refers to the employees that were physically counted but are not in the PSC list Head count Process of auditing individual staff presence and verifying their IDs and employment details Statement from the Board Secretary Elgeyo Marakwet County Public Service Board was established under Chapter 13 Article 235 of the Constitution of Kenya 2010 and section 57 of the County Government Act of 2012. It consists of the chairman, Vice-chairman and four other members appointed by the Governor with the approval of the County Assembly. The Board is required under Article 59 (1) (d) to prepare regular reports for Submission to the County Assembly on the execution of the functions of the Board. This introduces an accountability framework on the discharge of the Board‘s mandate. Upon its inauguration, the Board started discharging its mandate. Since then, the bulk of the Board‘s activities have entailed setting up modalities to enable it discharge its mandate. To this end, the Board formulated its Charter, came up with its Vision, Mission, slogan and Core Values, and designed the Structure of the Secretariat which is expected to be filled in the coming year. To build the capacity of Board members, to establish strategic partnership and to cultivate an environment of mutual cooperation, the Board attended various induction trainings and made visits. Notable among this being the visit made to PSC headquarters Nairobi, and the visit received from the SRC Chairman and Commissioners. During the period, some of the Board‘s key achievements include: advisories to the executive on HR planning, framework on job evaluation, CIDP, and performance management; recruitment of key positions and ECD teachers; staff headcount, amongst others. In the discharge of its mandate the Board faced a number of challenges which included lack of office space; lack of a secretariat; and managing expectations of all stakeholders. The Board is aware of the high expectations on service delivery and prudent management of county public service. I take this opportunity to thank all the stakeholders for having fully supported the board to deliver its mandate. We look forward to greater partnerships in the coming year. CS. FRANCISCA J. BARTOO Secretary-CPSB BACKGROUND —ELGEYO MARAKWET COUNTY PUBLIC SERVICE BOARD EMC-CPSB has been established pursuant to the provisions of the Constitution of Kenya 2010 Chapter 13 Article 235, and the County Government Act 2012 Sec 57. The EMC Assembly approved the nominees for the board positions on 18th June 2013, which was gazetted by H.E. Eng. Alex Tolgos, the Governor of Elgeyo Marakwet County on 21st June 2013 via Kenya Gazette Notice No. 8644. Subsequently, the board members were sworn in on 25th June 2013. The Board consists of the Chairman, Vice-chairman, four members, and a board Secretary. The board‘s operations are undertaken in accordance with the Board Charter and the relevant legislations. To deliver on its mandate, the board has established four committees, namely: 1. Recruitment, Retention, and performance management committee 2. Employee relations and disciplinary committee. 3. Finance, Administration and Governance Committee. 4. Agenda and Liaison Committee. The Composition of the Board is as follows 1. Gideon Kipyakwai—Chairman 2. Susan K. Koech—Vice- Chairperson 3. Nicholas K. Chepkiyeng—Member 4. Abraham Kipruto—Member 5. Edwin K.Kamar—Member 6. Susan Rotich—Member 7. Francisca J. Bartoo—Secretary FUNCTIONS OF THE COUNTY PUBLIC SERVICE BOARD As per County Government Act 2012 Sec 59, the functions of the County Public Service Board shall be, on behalf of the county government, to— 1. Establish and abolish offices in the county public service; 2. Appoint persons to hold or act in offices of the county public service including in the boards of cities and urban areas within the county and to confirm appointments; 3. Exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this part; 4. Prepare regular reports for submission to the county assembly on the execution of the functions of the board; 5. Promote in the county public service the values and principles referred to in articles 10 and 232; 6. 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. 7. Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; 8. Advise the county government on human resource management and development; 9. 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. POWERS OF COUNTY PUBLIC SERVICE BOARD In the performance of its functions, the County Public Service Board shall have powers to— 1. Inform and educate county public officers and the public about the values and principles; 2. Recommend to the county government effective measures to promote the values and principles; 3. Assist county government in the formulation and implementation of programs intended to inculcate in public officers the duty to uphold the values and principles; 4. Advise the county government on their obligations under international treaties and conventions on good governance in the county public service. 5. Visit any county public office or body with a view to assessing and inspecting the status of compliance with the values and principles; 6. Investigate, on its own initiative or upon a complaint made by any person or group of persons, the violation of any values and principles; 7. Recommend to the relevant lawful authority, any necessary action in view of the violation of the values and principles by any person or public body; 8. Cooperate with other institutions working in the field of good governance in the public service; and 9. Perform any other functions as the board considers necessary for the promotion of the values and principles. ELGEYO MARAKWET COUNTY PUBLIC SERVICE BOARD Vision ‗To be the best Public Service Board in the provision of excellent human resources that serve the needs of Elgeyo Marakwet residents and Kenya.‘ Mission ‗To establish and maintain sufficient professional and motivated public service that enhances efficient and effective service delivery. Slogan ―Huduma na Haki‖ 30th January, 2015 THE KENYA GAZETTE Core Values 1. Professionalism 2. Integrity 3. Creativity and innovation 4. Team Spirit 5. Fairness and equity 6. Transparency and Accountability The Board Secretariat The board has since designed the organization of the secretariat which is yet to be filled. The secretariat will have four directorates namely: 1. Recruitment, Retention, and performance management directorate 2. Employee relations and disciplinary directorate 3. Finance, Administration and Governance directorate. 4. Agenda and Liaison directorate It is envisaged that each directorate will work independently and in liaison with the respective board committees. Currently, there are two employees in the secretariat – the Secretary and a liaison and communication assistant. TRAINING AND MEETINGS ATTENDED BY BOARD MEMBERS The Board has attended several trainings and meetings as shown in table 1 below: Table 1: Trainings and Meetings attended by Board members: Date of Meeting/Traini ng Venue of Meeting/Trai ning Facilitators Training Areas 12th-14th September Baringo Kenya School Of Government Baringo  Transformative leadership and Public Service Ethics  The Budget Process  Team Building skills  Recruitment and selection process  Public Service regulations  Public Procurement and project management  Fundamentals of devolution and change management.  County Government structure 16th -17th September Eldoret Polytechnic PSC, TA, GEC  Understanding devolution: overview of devolution and legal framework.  Mandate of PSC and its linkage with the CPSB.  Promotion of the values and principles of public service in relation to CPSB functions.  Recruitment and selection process.  Terms and conditions of Service.  HRM & Development.  Board management: functions of Boards, role of the Chair, Members and Secretary; best practices of board management and issues of good governance in board management.  Disciplinary control in the public service  Appeals from CPS to PSC  Role of TA in Human Resource Management at the National and County Governments.  Discussion and way forward on:  uniform standards and norms  relationship between PSC & CPSBs  rationalization exercise in the public service  separation of records exercise in the public service In addition to the above trainings and meetings, the Board also made/received visits as shown in Table 2 below: Table 2: Visits made/received by the Board: Date Nature of Visit Venue Purpose 31st July Consultative visit by EMC PSB to PSC Commissioners PSC headquarters Nairobi Sharing of expectations; creation of rapport between the two independent bodies and cultivation of an environment for mutual consultations and cooperation. 12th September Visit from SRC Chair and Commissioners Boardroom Iten County Headquarters offices. Consultations on: terms and conditions of service for County Staff during the period of transition ACCOMPLISHMENTS: Between July and December 2013 the Board has made the following accomplishments: 1. Presentation to the County Executive Committee on the need for County Human Resource planning. 2. Advisories on the framework on job evaluation, and performance management; 3. Made proposals for inclusion in the CIDP 4. Recruitment processes for positions shown below: RECRUITMENT REPORT (a) Chief officers (i) Summary of recruitment process Activity Timelines Status/Remarks. Opening of applications – long listing July, 2013 Short listing of candidates 16th July, 192 192 Invitation of candidates to attend interview 25th July, 2013. Done through print media by way of newspaper advertisement in both Standard and Nation newspapers. Follow up telephone notifications were also made. Interviews 7th-15th August, 2013 Recommendation 16th August, 2013. For every department, the best 3 candidates were forwarded to the Governor for nomination. SUMMARY OF APPLICATIONS (II) Summary of all applicants for the position of chief officer- Per Department and Gender: Department Male Applicants Female Applicants Total Finance and planning 30 12 42 Water envi and Natural Resources 13 6 19 Health Services 7 3 10 Trade Energy and industry 22 2 24 Agric, livestock and Co-operatives 19 3 22 Sports Culture and Social Services 31 18 49 Tourism and Wildlife 19 7 26 Education 23 17 40 Public Works 1 0 1 TOTAL 165 68 233 (III) WARD REPRESENTATION OF APPLICANTS: Ward Short Listed No. of Applicants Arror 3 7 Chepkorio 5 15 Cherangany 1 6 Embobut 3 8 Emsoo 1 1 Endo 4 7 Kamariny 6 15 Kapchemutwa 6 24 Kapsowar 2 4 Kaptarakwa 0 4 Kapyego 0 0 Kapyemit 1 1 Lelan 4 6 Metkei 6 9 Moiben 3 11 Outside 3 73 Sambirir 3 5 Sengwer 3 5 Soy north 1 2 Soy south 2 4 Tambach 3 7 TOTAL 60 214 Pursuant to the provisions of section 45(1) (a), of the County Government Act 2012, the Governor shall nominate qualified and experienced Chief Officers from among persons competitively sourced and recommended by the County Public Service Board and (b) with the approval of County Assembly ,appoint County Chief officers. From the foregoing, the mandate of the County Public Service Board with regard to the recruitment of County Chief officers ends at the point of recommendation to the office of the Governor. The following top three interviewees were recommended for consideration: Ministry Name Ward Ranking Agriculture Lazarus Ruto Kapchemutwo 1 Pius Cheserek Endoo 2 Dr.Benjamin Kandie Kaptarakwa 3 Finance and Planning Kipkemoi Titus Kapchemutwo 1 Bartilol Titus Soi South 2 Edna Jelagat Tanui Kamariny 3 Health Caroline Magut Kapchemutwo 1 Josephat K. Maiyo Tambach 2 Ministry Name Ward Ranking Patrick Chelang‘a Kapsowar 3 Public works Cheboi K. John Cherangany / Cheborarwa 1 Education Netty Jemutai Moiben Kuserwo 1 Jacob kotut Kabiemit 2 Michael K. Lelit Kamariny 3 Water Joseph K. Lelon Chepkorio 1 Naomi J. K. Olero Chepkorio 2 Charles Suter Embobut 3 Trade Elias M. Yano Arror 1 Joseph Cheboi Cherangany / Cheborarwa 2 Mike Kibet Mosi Metkei 3 Youth Anita T. Kimwatan Kapchemutwo 1 Hillary Kigen Kipkorir Sengwer 2 Jeremiah Suter 3 Tourism Ishmael Chelanga Sambirir 1 Richard K. Yego Endoo 2 Irene Bunei Metkei 3 (b) RECRUITMENT OF LEGAL ADVISOR, PUBLIC RELATIONS OFFICER AND ICS MANAGER Position No. of Applicants No. of Shortlisted Applicants Successful Interviewees Employment Commencement Date Legal advisor 5 5 1 1st October, Public Relations Officer 13 3 1 1st September, Information and Communicati on System Manager 21 8 1 1st January 2014 (d) RECRUITMENT OF ECD TEACHERS Activity Timeline/Dates Media By Whom Receipt of requisition from CEC education and technical training to have the CPSB advertise the positions. 31st October, 2013. Advertisement of the positions. 7th and 8th November, 2013. Print media- Nation and Standard newspapers respectively. Office of the secretary County Public Service Board. Receipt of applications 7-18th November, Sub County Education Coordinators Notification of interviews Radio: Kass fm, radio citizen and radio maisha Conduct of interviews M/E: 2nd December, 2013: Chesoi CDF Hall -County Public Service Board representatives -Education department M/W: 3rd December, 2013: Kapsowar Girls K/S: 4th December, 2013: Sitotwo Primary School K/N:5th Dec 2013:Iten primary school 30th January, 2015 THE KENYA GAZETTE Activity Timeline/Dates Media By Whom Induction training: Expected to be rolled out on 2nd and 3rd January, 2014 with their effective dates of employment being 1st January, 2014. ANALYSIS OF ECD RECRUITED TEACHERS Sub-County Male Female Total K. North 3 63 66 K. South 3 118 121 M. West 4 101 105 M. East 7 73 80 TOTAL 17 355 372 RECRUITED ECD TEACHERS WITH SPECIAL NEEDS Sub County Male Female Total K. North 0 2 2 K. South 0 1 1 M. West O O O M. East 0 O 0 TOTAL 0 3 3 RATIFICATION OF APPOINTMENTS Employees on temporary appointment whose employment contracts were ratified are as follows: Name Position Sub-County Peninah Komen Principal Personal Secretary Marakwet East Lilian Jemutai Teimet Office Assistant Marakwet East Julius Kimutai Tuitoek Chief Driver Keiyo South Bernard Kosgei Chebii Driver Keiyo North Robert Kipchirchir Kiptoo Driver Keiyo North Mercy Jelimo Chirchir Gardener Keiyo North Robert Kiptoo Mechanic Marakwet West Nancy Jepchumba Kigen Office assistant Keiyo North Christopher Kandie Personal Assistant Marakwet West Peter Kimosbei Kogo Marusin Economic Advisor Nandi Francis Kibiwott Kipkoech Driver Keiyo South Abraham Cheboi Kiptoo Administrative Assistant Marakwet West Damaris Jerono Office Assistant Marakwet West Daniel Kiptum Chief of Staff Keiyo South Thomas Kiplagat Tuitoek Political advisor Keiyo South HEAD COUNT REPORT A total of 1,381 persons were counted during the headcount exercise undertaken between August and September 2013. Of those counted, 1198 were from the devolved functions previously handled by national government and 183 from the defunct Local Authorities of Marakwet County Council, Iten/Tambach Town Council and Keiyo County Council. Of the devolved functions staff counted, 922 had been assigned to Elgeyo Marakwet County while 276 had not been assigned as per the Public Service Commission List. A further analysis of the unassigned staff counted indicated that these were staff employed under Special programs, with the most employees belonging to the devolved ministry of Health. 271 staff members assigned to EMC were not counted during the exercise. The boards is in the process of ascertaining their actual status. The table below summarizes the headcount by status (Assigned/ Unassigned) and Verification (Counted / not Counted) Table 3: Headcount by status (Assigned/ Unassigned) and Verification (Counted / not Counted) Department Assigned and counted Not assigned but Counted Total Counted Assigned but Not counted Agriculture, Livestock Production and Fisheries 198 18 216 26 Health Services 551 236 787 131 Housing Lands and Survey 25 2 27 44 Public Works and Roads 30 3 33 24 Tourism, Trade Development and Cooperatives 13 2 15 1 Water, Environment And Natural Resources 51 6 57 8 Youth Affairs, Sports, Culture and Social Services 54 9 63 37 Total Devolved Functions 922 276 1198 271 Defunct Local Authorities 183 183 Total Elgeyo Marakwet County 1105 276 1381 271 Distribution by Academic qualification and Department 10% of the staff have bachelors degree qualification and above while 39% are diploma holders. Majority of the staff counted (43%) have form four education certificate while 8% have standard eight or equivalent qualification. On the distribution by ministry / department, ministry of health accounts for the bulk of the staff (66%); followed by Agriculture, Livestock and fisheries at 16%. The remainder is distributed to the 7 departments each accounting for under 5%. CHALLENGES During the period between July and December 2013, the Board faced a number of challenges in the discharge of its mandate under the County Government Act. These challenges include:  Lack of office space; Chairman and Secretary are currently accommodated at the Governor‘s office complex.  Absence and/or conflicting guidelines managing transition.  Managing varied stakeholder expectations.  Harmonization of the different schemes of service of former Local Authorities staff and those of staff in the devolved functions.  Limited response to some advertised positions makes it difficult to meet the 1/3rd gender/people with disability threshold and regional balance while upholding merit and competence. SHORT TERM PLANS Within this fiscal year, the board intends to accomplish the following: Key Result Area Specific Objective Roll out of the Human Resource Information System The Human Resource Information System will be rolled out as soon as the Procurement process is concluded for cost effectiveness and efficiency. Training A robust need based training will be rolled out to the County staff across all cadres beginning February 2014. Chief Executive Committee members have been requested to allocate in their expenditure plan at least 30% of their total administrative budget to training. Chief Officers will conduct training needs assessment to enable this process. All new County employees will go through induction training before commencing their new roles. Performance Management Contracting In order to measure performance, the board shall advise the executive on the implementation of performance contracting. Through this we expect to improve the staff performance, manage nonperformance, recognize high performance and have concrete development plans for the employee. The expected outputs are improved service delivery and resource management. Staff Motivation Initiatives Employees engaged as casuals will be considered through competitive process for more preferential terms based on competence and experience, and establishment. THE KENYA GAZETTE 30th January, 2015 194 194 Key Result Area Specific Objective Elgeyo Marakwet CPSB Offices and fund management The Board shall source for sufficient office space upon budgetary approval. The board shall operate bank accounts to manage its resources CPSB Projects on CIDP The Board expects to follow up on the proposals made for inclusion in the CIDP. These proposals are critical in enabling the Board to achieve its mandate. Follow up shall be made to ensure implementation of the same. CPSB events To carryout team Building activities within the departments to foster team work and hence harmonious working environment. To launch the County public service day/week in March. Have in place a suggestion box in ward- offices. Mainstream the 1/3rd gender balance, PWD and youth recruitment affirmative actions. Strategic planning In the month of March 2014 to June 2014, the board shall develop its strategic plan. Regularization of staff on secondment A structured approach towards proper placement of the staff who are currently on secondnment has been adopted. This involves recruiting internally initially before sourcing externally. To liaise with the Salaries and Remuneration Commission to have the terms of the former Local Authority employees and those of National Government to be harmonized as per the Board‘s mandate. LONG TERM PLANS In consultation with the County Assembly, and through the CIDP framework, the Board targets to achieve the following: Key Result Area Activity Training and capacity building of county public service Construct County School of Government. The institution to be constructed in phases so that by 5 years the school has conference facilities, lecture rooms, recreation facilities and hostels. The facility to be constructed in the most underdeveloped/marginalized part of the county. Making the county government an employer of choice – Housing County government to set aside land to be used by the National Housing Corporation to develop houses to be purchased by public servants. Making the county government an employer of choice – terms of service Allocate funds to special fund used to attract and retain exceptional talent to the public service in form of special allowances and improved terms of service outside SRC recommendations. Driving performance culture amongst County public service Allocate funds for reward system for top performance CONCLUSION Elgeyo Marakwet County is endowed with a lot of resources that need to be tapped to realize improved socio-economic standards of her people. The board is cognizant of the pivotal role public servants play to achieve this, and to this end, the board reaffirms its commitment to its core values and that it will work to ensure that persons working in the county public service are properly aligned to deliver services to the citizens and that together our society will be transformed. GIDEON KIPYAKWAI, MR/4730689 Chairman.

Dated the 30th January, 2015.

GIDEON KIPYAKWAI,

Chairman.

Extracted Entities (2)

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613 8644

Details

Act / Legislation
THE COUNTY GOVERNMENTS ACT
Reference
No. 17 of 2012
Section
section 59 (1) (d)
Signed By
GIDEON KIPYAKWAI
Title
Chairman
Date Signed
30th January 2015
Page
35
Extraction Method
regex