GAZETTE NOTICE NO. 249

Pursuant to and in accordance with Article 176, each county shall have a county government consisting of a county executive and a county assembly. The functions of the two levels of government are specified and spelt out under Articles 186 and 187 as read together with the Fourth Schedule of the Constitution. In order that a county government is able to carry out its functions and perform its responsibilities, Article 235 (1) of the Constitution empowers and confers on county governments responsibility, within a framework of uniform norms and standards prescribed by an Act of Parliament, for establishing and abolishing offices in its public, appointing persons to hold or act in those offices, confirming appointments and excising disciplinary control over such persons. This framework is contained in the County Governments Act No. 17 of 2012 which, under Section 57, establishes a County Public Service Board for each county. BUSIA COUNTY PUBLIC SERVICE BOARD Busia County Public Service Board (CPSB) is constituted in accordance with section 57 of the County Governments Act 2012. In accordance with that section, BCPSB is a body corporate with perpetual succession and seal and is capable of suing and being sued in its corporate name. Composition Busia County Public Service Board The members of the Board were nominated and, with the approval of the County Assembly, appointed by H.E. the Governor in accordance with Section 58 of the County Governments Act. The members are:- (a) Agneta S. B. Akhaabi (Mrs.) HSC—Chairperson; (b) Pancras Otwani—Vice-Chairperson (c) Josiah Wanyama—Member (d) Susan Masake Kapule (Ms.)—Member; (e) Praxedes Otieno (Ms.)—Member; (f) Francis Nang‘ayo (Dr.)—Member (g) Charles Victor Orodi (Rev.)—Secretary/ CEO Except for the Secretary who assumed office in June 2014, all the other members of the Board assumed office between July and August 2013. Regrettably Hon. Pancras Otwani (HSC) sadly passed on in Kisumu on 6th December 2014 following a short illness. This death has dealt the Board a heavy blow and the Board will greatly miss his experience, insight and incisive contributions. The Board prays that the Almighty God gives him perpetual rest. Functions of County Public Service Board Broadly, a County Public Service Board is, responsible for:- (a) establishing and abolishing offices in the county public service; (b) appointing persons to hold or act in those offices, and confirming appointments; (c) providing for the organization, staffing and functioning of the county public service in ways that ensure efficient, quality and productive services for the people of the county; (d) advising the county government on human resource development and management and utilization that best enhances service delivery by county public service institutions; (e) providing for human resource management and career development practices to address staff shortages and barriers to staff mobility; (f) facilitating the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; (g) making recommendations to the Salaries and Remuneration Commission, on behalf of the county governments, on the remuneration, pensions and gratuities for county public service employees; and (h) exercising disciplinary control over and removing persons holding or acting in those offices; In addition, under section 59 (1) (e) of the County Governments Act, it is the responsibility of the CPSBs to promote, in the county public service, the values and principles set out in Articles 10 and 232 of the Constitution. In accordance with section 59 (1) (f) of the County Government Act, the CPSB is required to evaluate and report to the County Assembly the extent to which the values and principles are complied with by the county public service. The CPSB is required to provide standards to promote ethical conduct and professionalism in county public service and advise the County Government on implementation and monitoring of the county performance management systems. The CPSB is further required, to prepare regular reports for submission to the county assemblies on the execution of its functions. Under section 59 (5) (1) of the County Government Act, CPSB reports shall: (a) be delivered each December to the County Assembly; (b) include all the steps taken and decision made by the board (c) include specific recommendations that require to be implemented in the promotion and protection of values and principles ; (d) Include specific decisions on particular persons or public body who have violated the values and principles, including action taken or recommended against them (e) Include any impediments in the promotion of the values and principles; and (f) include the programmes the board is undertaking or planned to undertake in the medium term towards the promotion of the values and principles This report is made pursuant to and in accordance with the said provisions of the law; it gives an account of the performance of the Busia County Public Service Board during the year 2013/2014. The Report is structured into seven (7) parts. Section 1 introduces the constitutional basis and functions of County Public Service Boards. Section 2 provides a detailed account of Board Decisions taken since inception in 2013 while Section 3 covers the outcomes suitability interviews for Economic Stimulus Staff and Staff of the defunct Local Authorities. In Section 4, we report on advertisement of vacancies in the department of Health and Sanitation. Section five (5) deals with Training and Capacity Building for staff in Busia County public service while as Section six (6) lists important documents developed during this reporting period. Finally, Section seven (7) covers challenges encountered, recommendations and Way Forward into 2015. BOARD MEETINGS AND DECISIONS TAKEN BY THE BOARD Board Meetings Over the past year the Board has held scheduled fortnightly meetings, Special meetings and ad hoc meetings to map the way forward for the implementation of its mandate. Shortlisting of Chief Officers When it assumed office in August 2013, CPSB found that the Transition Authority Interim staff had advertised the following positions of Chief Officers for ten departments, Sub- County Administrators for seven (7) sub-counties, and 35 Wards Administrators for 35 Wards and village Administrators in the daily Nation issue of 27 th June 2013. The positions for Chief Officers were for the following departments;  Finance & Economic Planning  Health and Sanitation  Labour, Public Service, ICT, Publicity & Intergovernmental Affairs  Lands, Housing & Urban Development  Agriculture & Animal Resources  Water, Environment & Natural Resources  Education & Vocational Training  Public Works, Transport & Disaster Management  Community Development, Sports, Culture & Social Services THE KENYA GAZETTE 16th January, 2015 76 76 CPSB‘s first task was to evaluate these applications and shortlist the applicants for the positions of Chief Officers and sub-county administrators. Thereafter, and in accordance with sections 45 (1) (a) and 50 (b) of the County Governments Act, through The Standard and Daily Nation Newspaper advertisements on 23th and 24 th September 2013 respectively, the shortlisted applicants for the positions of Chief Officers and Sub-county Administrators were invited for interviews on various indicated dates between October to November 2013. For the positions of Ward Administrators, in accordance with Section 51 (2) of the County Governments Act, CPSB, through notices published in the Standard and Daily Nation Newspapers of 23 rd and th December 2013, invited shortlisted applicants for interviews during the month of January and February 2014 as indicated in the notices. In order to take services to the people and allow them to participate in the exercise in the spirit of devolution and the Constitution, CPSB took the interviews to the sub-counties and conducted them at the sub- county headquarters in Teso North, Teso South, Nambale, Matayos, Funyula, Budalangi and Butula. The first decision the Board made with regard to these applications was to shortlist the applicants for the positions of Chief Officers and Sub-County Administrators In line with Section 45 (1)(a) and 50 (b) of the County Governments Act, the shortlisted applicants for the positions of the Chief Officers and Sub-county Administrators were invited for interview through The Standard and the Daily Nation Newspapers of 23th and 24 th September 2013 and interviews conducted between October to November 2013. APPOINTMENTS AND DISTRIBUTION Chief Officers In compliance with and pursuant to Article 232 (1) (h) and (i) of the Constitution and section 45 (1) (b) of the County Governments Act, the Chief officers were competitively sourced and recommended to the Governor for appointment with approval of the County Assembly. The applicants for the positions of chief officers interviewed and recommended to H.E. the Governor for appointment were as follows in terms of gender and age and ethnic distribution. Breakdown for Chief Officers in terms of gender, youth ,ethnicity and nationality Female 4 Male 10 Youth 3 Disability None Luhya 8 Teso 4 Luo 2 Sub-county Administrators In line with Section 50 (2) of the County Governments Act, CPSB competitively sourced and appointed Sub-county Administrators taking into account the ethnic composition in the county, gender and youth representation as follows Breakdown Sub- County Administrators in terms of gender, ethnicity and youth Female 1 Male 6 Disability None Youth 3 Luhya 5 Teso 2 Ward Administrators Likewise, Ward Administrators were competitively sourced and were appointed by CPSB in line with Section 51 (2) of the County Governments Act with the following breakdown in terms of ethnicity, gender, disability and youth representation. Breakdown of Ward administrators in terms of gender, ethnicity disability and youth Female 12 Male 23 Disability 1 Youth 14 Luhya 23 Teso 12 Village Administrators Village administrators have not been recruited because the legal frame work to define what a village is yet to be developed. However, a task force formed following a motion in the County Assembly on 20th February 2014 has gathered information from all stakeholders on the parameters to be used in determining village boundaries and made recommendations to be captured in the Busia County Village Administration Bill, which is currently being prepared. Doctors In the year ending 31st December 2014, CPSB, through suitability interviews, sourced and appointed ten (10) doctors and two (2) pharmacists who had already completed internship in the department of Health and Sanitation establishment to provide health and sanitation services in the county as their services were required by the Department. Their representation in terms of ethnicity and national distribution, gender and youth is as here-under: Breakdown of Doctors in terms of gender, ethnicity, youth and nationality Female 5 Male 7 Disability None Youth 12 Busia (Luhya) 1 Kakamega (Luhya) 2 Bungoma (Luhya) 2 Siaya (Luo) 3 Kisumu ( Luo) 1 Kisii 1 Homabay (Luo) 1 Nakuru (Kikuyu) 1 Office of the County Secretary Section 56 of the County Governments Act provides that every county shall, in accordance with Article 235 (1) of the Constitution, have its own public service headed by the County Secretary. The office of the County Secretary is established under section 44(1) of the County Governments Act in respect of each county. The functions of this office are set out in section 44(3) of the Act and are central to the effective and efficient functioning of a county government. The County Secretary is appointed in accordance with section 44(2) of the Act. Since the constitution of Busia County Government following the general elections of 4th of March 2013, Busia County did not have a substantive holder of the office of County Secretary. An Interim Secretary held the office pending appointment of a substantive holder thereof. By a notice published in The Standard and The Daily Nation Newspapers of 23rd and 24th 2013 respectively, CPSB invited applications for position to the office of County Secretary for Busia County. Applications were received and, on evaluation, were short- listed. Of the short-listed applicants, only one was interviewed and H.E. the Governor nominated and submitted her name to the County Assembly for approval before appointment as required by law. Unfortunately, this nomination raised quite some controversy both within and outside the County Assembly. Nevertheless, the County Assembly approved the nomination and H.E. the Governor duly appointed her to the office. However, hardly a month after the appointment, the County Secretary tendered her resignation and it became necessary to re-start the process of recruitment and appointment of the County Secretary. By a notice published in the Standard Newspaper of 15th October 2014, CPSB advertised a vacancy in the office of the County Secretary and invited applications there-for, which were received and shortlisted by CPSB. By notices published in the Standard and the Star newspapers of 10th and 11th November 2014 respectively, the short-listed applicants were invited to attend interviews on 25th November 2014. 16th January, 2015 THE KENYA GAZETTE CPSB has prepared its report on the interviews results for forwarding it to H.E. the Governor for further action as he may deem necessary. Other Appointments Further, CPSB acting on departmental staff needs presided over the competitive recruitment and eventual appointment of various cadres of staff in the county public service to provide essential operational service at the County Treasury, Supply Chain Management Office, Payroll Office and ICT Office among others during the year under review. The table below shows the distribution of appointees by gender, ethnicity, youth and disability; Position Gender Age Disability Ethinicity Head of Treasury Budgeting and Expenditure Female 36 None Teso Head of Treasury Accounting Male 37 None Kisii Principal Supply Chain Management Male 48 None Luhya Head of County Revenue Collection Male 39 None Luhya Director Cooperatives Fund Male 43 None Luhya Records Management Officer Male 36 None Teso Head Of Treasury Audit Male 48 None Teso Payroll Officer Male 35 None Teso Principal Human Resource Management Officer male 38 None Luhya Chief Human Resource Management Officer Female 29 None Luhya Chief ICT Officer Male 30 None Luhya Personal Secretary/ Administration Officer Male 31 None Kisumu (Luo) Senior ICT Officer Kakamega Male 33 None Kakamega (Luhya) Town Administrator Busia Town Male 45 None Teso It is regretted that most times, the responses to advertisements by people with disabilities was absent. CPSB is not able to explain at present the reason for this unusual situation but is determined to undertake and carry out a study to establish the reasons behind this situation. Breakdown for other Appointments in terms of gender, ethnicity, youth and nationality Female 2 Male 12 Disability None Youth 5 Luhya 7 Teso 4 Kisii 1 Kakamega 1 Kisumu (Luo) 1 SUITABILITY ASSESSMENT AND INTERVIEWS Economic Stimulus Programme Staff At the request of the user department of Health and Sanitation and department of Agriculture and Animal Resource that Economic Stimulus Programme staff be absorbed into the county public Service, as their services are still required by those user departments, CPSB conducted suitability interviews for Economic Stimulus Programme staff in the Departments of Health and Sanitation and Agriculture and Animal Resources. The Department of Health and Sanitation had 155 of such public officers to be interviewed while Agriculture and Animal Resources had seventeen (17) them. Defunct Local Authority Staff In the same period, suitability interviews were also conducted on the staff formerly in the service of the defunct local government authorities within the County. The purpose of the interviews was to determine their appropriate placement depending on their qualifications, skills and competencies. The objective is to enable the County Government to manage its human resource effectively in accordance with Section 59 (h) of the County Governments Act for improved performance, productivity and service delivery to the citizens of Busia as well as improving their morale and creating a sense of belonging. As at the time of writing this report, a report on the suitability interview was being compiled. ADVERTISEMENT OF VACANCIES IN THE DEPARTMENT OF HEALTH AND SANITATION Recruitment of Staff for the Department of Health and Sanitation Responding to the request and staffing needs from the Department of Health and Sanitation, ninety three (93) positions of different cadres from the Department of Health and Sanitation were advertised vide the Standard Newspaper and The Star Newspapers of 7th and 13 th October 2014 respectively. In keeping in line with requirements of Section 66 of the County Governments Act 2012, copies of the advertisement were circulated through the sub-county administrators and ward offices to reach a wide area in the far flung areas of the county. The advertisement attracted overwhelming response an indication that many people had access to it and therefore an opportunity to apply. For example the position of driver with 9 vacancies attracted 329 applications, 34 vacancies of nursing officers attracted 269 applicants, five (5) vacancies of clinical officers attracted 205 applicants, 6 vacancies of medical laboratory technologists attracted 117 applicants, 5 posts of pharmaceuticals attracted 104 applicants while 4 posts of health records attracted 140 applicants. At the time of writing this report, shortlisting exercise for these positions was underway. TRAINING AND CAPACITY BUILDING Induction for Newly Recruited Staff CPSB held induction workshops in Kisumu for chief officers for a period of five days. Similarly sub- county administrators and ward administrators were also inducted at Kakamega Golf hotel for five days. The purpose of the workshops was to bring all the newly recruited officers to the same level of understanding of operations of the County Government in the devolved system. The contents covered during the workshop included;  Concept, Objectives and laws of devolution  County Government organs  Intergovernmental Relations  National Values and Principles of public service  Responsibilities of chief officers  Procurement  Financial Management  Records Management and Good Governance Corporate Governance Training for Board Members Members of the County Public Service Board attended a two week training programme in Esami Arusha on Good Governance, Corporate Governance and Human Resource Management. This was to equip members of the Board with skills and knowledge in good governance and human resource management for their effective discharge of duties. Topics covered included:  Overview of Public and Private Sector: Organizational Environmental/Structures  Ethics accountability : Public and Private - Global Interest and Resurgence  Public and Corporate Governance: Definitions & Backgrounds  Board Composition: Independent Non-Executive Board Members Appointment  Board Function and Role ; Board Operations  Board Committees  Dynamics of the Board THE KENYA GAZETTE 16th January, 2015 78 78  Board Performance assessment: Board Committees, individual Directors  Board Charters  Risk Management Policy  Ethics: Definition and Application  Code of Ethics and Integrity  Corporate Social Responsibility  Fraud Elements and Policy  Corruption: - Definition - Causes - Consequences  Oversight Institutions: Appointing and Reporting, Arrangements  Introduction: Survey of Pax Needs and Course Overview  Introduction :Talent Management and HRM  Competence-based Recruitment and Selection  Common challenges for interviewers  Managing Staff Entry  Competence-based Training and Development  Human Capital Management  Employee Engagement , Performance and Retention  Human Resources Audit  Managing Employee Discipline  Managing Employee Grievances Sensitization Workshop on National Values CPSB organized sensitization workshop on National Values, principles of public service and obligations of the County to International treaties and conventions for County Executive Committee Members, Chief Officers and the Public Service Board Members. This is line with Section 59 (1) (e) and (4) (d) of the County Governments Act. The sensitization provided a way forward for the CPSB to monitor and evaluate compliance on the National Values and principles of public service in every department. Topics covered included  National Values  Principles of Public Service  Corporate Governance in the Public Sector  Obligations of the County Government with regard to International Treaties and Conventions  Communication and Interpersonal Relations  Security in handling Government Information Retreats for Consultative Forum for CPSBs Board members have attended several meetings and retreats for County Public Service Boards Consultative Forum for sharing information and experiences on the performance of the 47 county public service boards in the execution of their functions. The main purpose is to promote best practice and where necessary initiate preventive and corrective measures and map the way forward. DOCUMENTS DEVELOPED During this reporting period, the Board engaged in development of important documents to facilitate its operations which includes amongst other things the need to (1) Align the HR Management and to aspirations of Busia County Integrated Development Plan; (2) Seek value and competence-based, results-oriented and citizen-centred approach in formulation of policies, process and management systems; (3) Develop and sustain a professional brand, image and public relations strategy; and (4) Facilitate transformative leadership, values and ethics in empowering leaders/ decision makers through provision of high level policy advisory services and coaching to County leadership and staff with managerial and supervisory positions, Towards this end, the following document were prepared:  County Public Service Board Annual Work plan 2014/2015 financial year to guide the board on its operations during the year under review.  Procurement Plan 2014/2015 financial year to guide the board on procurement.  Human Resource Development and Training Guidelines to standardize and streamline training operations in the county public service.  In cooperation and collaboration with Directorate of Public Service Management (DPSM) in the Ministry of Devolution and Planning the Board developed a document on Functions, Organization Structure and staffing for the County Government of Busia.  Draft Strategic Plan for the County Public Service.  Draft Citizens Service Charter to inform the citizenry of Busia county mandate of the Board, what citizenry should expect from the board and what the board expects from them.  Strategic Plan for the County Public Service. The County Public Service Board of Busia realizes that without a clearly defined and articulated strategy, success in service delivery may be a pipe dream and could inadvertently drive the fledgling County Government of Busia on costly path to failure. Thus the Board has noted the need to develop a shared vision and strategy on how to meet its mandate and provide institutional leadership necessary for improved service delivery. To this end, the Board is about to finalize a Strategic Plan which forms the basis of guiding the Board‘s activities over the next five years thereby ensuring that the County Public Service moves towards a cohesive strategic direction. The Board through this Strategic Plan intends to inculcate national values, institutional capacity and professionalism for improved citizen-centred service delivery by ensuring a vibrant and productive work force that is able to spur economic growth in the County. CHALLENGES The following challenges were experienced during the current reporting period:  Low response to advertisement from people living with disability.  The Board noted some irregularities in the applications of procedures that have been addressed by invoking Section 75 of the County Government Act.  Motor vehicles for the Board not yet purchased.  Secretariat for the Board not yet recruited. CONCLUSION The County Public Service Board would have wished to undertake more activities especially sensitization of staff on the national values and principles of public service but is constrained by budgetary allocations that are not sufficient. RECOMMENDATIONS AND THE WAY FORWARD  The County Assembly to fast –track the passage of Village Administrators for purposes of their recruitment.  Allow funding for staffing of the County Public Service secretariat for the Board to discharge its mandate effectively and efficiently.  Improve budgetary allocation for purposes of training and sensitizing public officers on the national values and principles of public service.  The establishment of a legal unit is paramount in the county public service to handle county legal issues. Moving forward, the Board intends to address the following:  Finalize the Strategic Plan and the Citizens Service Charter.  Develop recruitment Policy as a matter of urgency  Develop the Boards Charter.  Budget for and recruit secretariat staff for the Board  Purchase two Motor vehicles.  Place 461 former Local Authority Staff appropriately based on their skills and competencies that have been identified through suitability interview.  Sensitize all staff in the Government of Busia on National Values and Principles of Public Service.  Monitor and evaluate compliance of National Values and Principles of Public Service.  Compile a list of persons living with disability in Busia County with the help of National Council of persons living with disability. Dated the 23rd December, 2014. VICTOR CHARLES ORODI, MR/6742092 Secretary, County Public Service Board. 16th January, 2015 THE KENYA GAZETTE