GAZETTE NOTICE NO. 1192

PURSUANT to section 59 subsection 1(f) of the County Government Act 2012, the functions and powers of the County Public Service Board inter alia, is to evaluate and report to the County Assembly each December on the extent to which the values and principles referred to in Article 10 and 232 of the Constitution of Kenya, 2010 are complied with in the county public service. Further section 59 subsections 5 of the County Government Act, 2012 states that the report prepared shall include: (a) All the steps taken and decisions made by the Board in the realization of values and principles; (b) Specific recommendations that require to be implemented in the promotion and protection of the values and principles; (c) Specific decisions on particulars of persons or public body who have violated the values and principles, including actions taken or recommendations against them; (d) Any impediment in the promotion of the values and principles and (e) The programmes the Board is undertaking or has planned to undertake in the medium term towards the promotion of the values and principles. The scope of this report is therefore limited to evaluation and reporting to the County Assembly the extent to which the values and principles as enshrined in Article 10 and 232 of the Constitution of Kenya, 2010 are embedded in critical Board decisions and policies with a view of translating these values into practice. This is aimed at ensuring that citizens not only access quality services, but do also recognize in officers serving them a spirit of fairness, integrity and respect for their rights and human dignity. 2.0 Measures/steps taken in the Realization of National Values and Principles of Public Service. This section outlines the steps taken by the County Public Service Board (CPSB) to realize the national values and principles of public service. These steps have been grouped into eight broad and distinctly related categories namely: sharing and devolution of power, exercise of social justice and sovereign power, protection of human rights, leadership and governance, professionalism, sustainable development, prudent use of resources and impartial and timely provision of information. 2.1 Steps taken The CPSB took the following steps in the realization of national values and principles of public service under each broad category specified in 2.0 above in the year 2014: 20th February, 2015 THE KENYA GAZETTE 2.1.1 Sharing and Devolution of Power This is outlined in Article 10 (2) (a): sharing and devolution of power The National Government devolved most of its functions to County Governments in January, 2014 as provided in Article Six (6) of the Constitution of Kenya (CoK) 2010 with a view of bringing services closer to the people. Subsequently staff who served in the devolved functions were seconded to County Government. The Board took deliberate steps of integrating the said staff within the County Public Service in line with the Transition to Devolved Government Act, 2012. The Board also staffed areas that were critically understaffed to match the additional devolved functions to ensure services were offered promptly and efficiently. In addition the Board in accordance with section 86 (1) of the County Government Act (CGA) 2012 delegated authority to Chief Officers and the County Secretary as a deliberate step to give the said officers powers to handle Human Resource(HR) issues at their respective departments on behalf of the Board. The Board also constituted and empowered three critical committees namely: Training, Disciplinary and Human Resource Management Advisory to handle training issues, disciplinary hearing and staff promotions respectively. 2.1.2 Exercise of Social Justice and Sovereign Power Outlined in Article 10(2)(a):patriotism, national unity, the rule of law, democracy and participation of the people and Article 232(1) (d): involvement of the people in the process of policy making. The Board while developing its five year Strategic Plan (2014- 2018) identified members of the key stakeholders and invited them to give their views to be incorporated in the Strategic Plan during the stakeholder’s forum. Further the Board in collaboration with National Integration and Cohesion Commission also conducted a one day public forum during the year to educate members of the public. Further, the Board has drafted the County Public Service Board Bill which once approved by the County Assembly will operationalize the Board’s mandate in respect to promotion of national values and principles of public service. 2.1.3 Leadership and Governance This is outlined in Article 10(2) (c): Good governance, integrity, transparency and accountability as well as Article 232 (1) (e): Accountability for administrative acts. The Board advertised job opportunities in the print media and the County website with a view of attracting qualified candidates while offering equal opportunity to all. In addition, the Board conducted practical field interviews for plant operators which were witnessed by members of the public. In the CPSB Strategic Plan, the strategic objective on governance and leadership outlines the steps to be followed in the promotion of national values and principles of public service. The Board further put in place mechanisms to ensure that it complied with good governance practices. To this end, a register of interests for its members has been opened for purposes of recording declarations of interest. Additional efforts taken by the Board in enforcing the provisions of Chapter Six (6) of the CoK 2010 was entrenching of issues of ethics and integrity in the recruitment process of county officers by making it mandatory for applicants to seek clearance from Ethics and Anti- Corruption Commission (EACC), Higher Education Loans Board (HELB), Credit Reference Bureau (CRB), Department of Criminal Investigation (CID) and Kenya Revenue Authority (KRA) while applying for the advertised positions. 2.1.4 Professionalism Outlined in Article 232 (a): High standards of professional ethics The Board made efforts to develop its members through acquisition of necessary knowledge and skill to match its mandate. To address this, the Board sponsored its members to undertake Senior Management and Strategic Leadership Development Programme courses at Kenya School of Government. The Board also facilitated its members to attend seminars and conferences organized by various professional bodies including the Institute of Certified Public Accountants of Kenya (ICPAK), Institute of Certified Public Secretaries of Kenya (ICPSK), Kenya Institute of Management (KIM) and Institute of Human Resource Management (IHRM). 2.1.5 Protection of Human Rights Outlined in Article 10(2) (b): Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized; Article 232 (d): Involvement of the people in the process of policy making; Article 232 (h): representation of Kenya’s diverse communities and Article 232 (i): Affording adequate and equal opportunities for appointments, training and advancement, at all levels of the public service of; men and women, members of all ethnic groups and persons with disability. The Board advertised job opportunities in at least two daily newspapers with country-wide circulation and deliberately included a clause encouraging women and people with disability to apply with a view of addressing non-discrimination and protection of the marginalized to maintain inclusiveness. Further the Board applied affirmative action to satisfy provisions of inclusiveness and protection of the marginalized. 2.1.6 Sustainable Development This is outlined in Article 10(2) (d): Sustainable development The Board successfully discussed the County departmental structures with respective County Executive Committee Members (CECs) during the year with the aim of attaining optimal staffing level for each department. The Board also facilitated the development of coherent, integrated human resource planning and budgeting for personnel emoluments for County staff. In addition, the budget for the period 2014/2015 was prepared and presented to County Assembly for approval. The CPSB Strategic Plan for 2014-2018 was also developed and launched purposely to act as a road map for the Board to execute its mandate. An advisory on development of a training policy was provided to the department of Public Service Management (PSM) and a Training Committee comprising of Chief Officers was constituted to handle training and development of County staff. 2.1.7 Prudent use of Resources Outlined in Article 232(b): Efficient, effective and economic use of resources Efforts were initiated by the Board to ensure that departmental structures were developed to address staff placement whereby skills will be matched with the jobs to ensure efficient and effective service delivery. 2.1.8 Impartial and Timely Provision of Information Outlined in Article 232 (c): Responsive, prompt, effective, impartial and equitable provision of services and Article 232 (f): Transparency and provision to the public of timely accurate information. The Board advertised all job vacancies in at least two newspapers with national wide circulation and also in the county website. The names of shortlisted candidates and dates of interviews were also published in the print media to ensure accurate information reached the interested parties. Both successful and unsuccessful candidates were also contacted promptly through phone calls and short message service (SMS) about the interview outcome. 3.0 Milestones in the Promotion of National Values and Principles of Public Service 3.1 Introduction Uasin Gishu County Public Service Board and the County at large in its efforts to realize the provisions made in Article 10 and 232 of the CoK 201 have made remarkable progress. The major focus is the extent to which the board has proactively put in place mechanisms to domesticate and operationalize national values and principles of public service. The Board developed a Strategic Plan that will serve as a road map in fulfilling its mandate. Further progress was realized through open and transparent job advertisements, delegation of authority and establishment of committees. 3.2 Milestones Progress has been made as follows: THE KENYA GAZETTE 20th February, 2015 368 368 3.2.1 Sharing and devolution of power This is outlined in Article 10 (2) (a): sharing and devolution of power The National Government devolved staff to County Governments in January, 2014 and CPSBs were mandated to manage these staff. In this regard the Board integrated the said staff within the County Public Service in line with Transition to Devolved Government Act, 2012. In addition budgetary provisions towards personnel emoluments were enhanced in 2014/15 Financial Year courtesy of advisory from the Board to cater for devolved staff salaries. In order to match the increased functions, additional staffs were recruited by the Board in departments that had staff shortages. This was aimed to ensure that services were offered in prompt and timely manner to the people of Uasin Gishu. Three crucial committees namely: Disciplinary, Training and Human Resource Management Advisory were also constituted by the Board, informed by section 86 of the CGA 2012 on delegated authority. These committees drew its membership from the Chief Officers, County Secretary and County Human Resource Manager. These committees will further delegate authority within the County Public Service to address issues affecting staff promptly. 3.2.2 Exercise of Social Justice and Sovereign Power Outlined in Article 10 (2) (a): patriotism, national unity, the rule of law, democracy and participation of the people and 232 (1) (d): involvement of the people in the process of policy making. The Board has made great strides in promoting peace and cohesion of all communities living in Uasin Gishu County by partnering with National Cohesion and Integration Commission and conducting jointly public sensitization meetings on promotion of National Values and Principles of governance. In August, 2014 a successful meeting was held between a team from National Cohesion and Integration commission, members of Uasin Gishu CPSB and members of the public at Eldoret Polytechnic. While developing its Strategic Plan, the Board invited views from stakeholders to be incorporated in the document. Advisories on pension arrangements, performance contracting, staff benefits, disciplinary controls, staff transfers and appointment of staff were independently given by the Board to County Government. The advisories were backed by relevant legal provisions and were geared towards ensuring that the rule of law was upheld. The Board also observed gender distribution in all recruitments conducted and surpassed the thirty per cent legal requirement. 3.2.3 Leadership and Governance This is outlined in Article 10(2) (c) Good governance, integrity, transparency and accountability as well as Article 232 (1) (e) Accountability for administrative acts. To promote transparency, the Board advertised job vacancies in two daily newspapers with countrywide circulation and uploaded the same in the County website to attract qualified candidates from across the country. Internal job advertisements were also placed in all Notice Boards of County Departments; authorized officers were advised to encourage qualified officers in their respective departments to apply. The Board underscored the fact that she is an equal opportunity employer and women and persons with disabilities were encouraged to apply. The Board observed Constitutional provisions that promote equity and inclusiveness. The Board handled two disciplinary cases conclusively and others are in progress (Two officers were interdicted while three others were suspended pending the determination of their cases). The findings and recommendations for the two concluded cases were forwarded to Public Service Commission of Kenya for action. Induction of Chief Officers and Sub-County Administrators on delegated authority which included disciplinary control and promotion of values and principles was conducted by the Board. Thereafter the delegated authority was operationalized through appointment of Disciplinary, Human Resource Advisory and Training Committees. The Board further formed internal working committees namely; Recruitment, Selection, HR Policy and Audit, Administration and Governance, Disciplinary Control and Training Committee and Board Affairs which will eventually be transformed into directorates. The Board has been collaborating with Government Institutions inter alia National Cohesion and Integration Commission of Kenya and Transitional Authority on matters of promotion of National Values and Principles of public service, devolution and staff rationalization. 3.2.4 Professionalism Outlined in Article 232 (a): High standards of professional ethics Recruitment, selection and placement of all job opportunities were done professionally. There were no litigations arising from the exercise. 3.2.5 Protection of Human Rights Outlined in Article 10(2) (b) Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized; and Article 232 (i): Affording adequate and equal opportunities for appointments, training and advancement, at all levels of the public service of; men and women, members of all ethnic groups and persons with disability. Considerations were taken to ensure affirmative action was applied without compromising the minimum requirement for the advertised positions. In all the job advertisements, the Board provided riders encouraging women and persons living with disabilities to apply. 3.2.6 Sustainable Development Outlined in Article 10 (2) (d) Sustainable development The Board successfully held and concluded discussions with all respective County Departments on departmental structures during the year. The output of these discussions was the establishment of optimum staffing levels for each department. An advisory on development of a training policy was given by the CPSB to the relevant department and a training committee comprising of Chief Officers was thereafter constituted to handle Training and Career Progression needs of County staff. In addition, the Board prepared 2014/2015 Annual Budget which was presented to the County Assembly for approval. The CPSB Strategic Plan 2014/2018 was developed and launched as road map for the Board to execute its mandate. 3.2.7 Prudent use of Resources Outlined in Article 232 (b): Efficient, effective and economic use of resources The Board has successfully concluded discussions on County Organizational Structures which addresses staff rationalizations and ensure that skills are matched with the right jobs hence efficient and effective service delivery. The Board is monitoring the progress of Capacity Assessment and Rationalization of the Public Service (CARPS) and intents to fully adopt the findings and recommendations thereof. 3.2.8 Impartial and Timely Provision of Information Outlined in Article 232 (c) Responsive, prompt, effective, impartial and equitable provision of services and Article 232 (f) Transparency and provision to the public of timely accurate information To attract required skills, the Board managed to advertise all job vacancies in at least two newspapers with country wide circulation and in the county website. There were also internal adverts which gave opportunities for growth to existing county staff. Shortlisted candidates and dates for interviews were published in the print media. Both successful and unsuccessful candidates were contacted through telephone calls and short text message service (SMS) to inform them of the interview outcomes. 4.0 Challenges Encountered in the Realization of National Values and Principles of Public Service 4.1 Sharing and Devolution of Power There have been in instanced where lack of understanding of key issues around devolution has generated mistrust amongst stakeholders. There is inadequate infrastructure to support devolved units thus causing delays in service provision to the public. Devolved staff 20th February, 2015 THE KENYA GAZETTE remains apprehensive due to perceived invasion of their previous scope of authority. 4.1.2 Exercise of Social Justice and Sovereign Power There have been different interpretations of the roles of County Secretary, County Public Service Board and County Executive Committee in-charge of Public Service Management leading to turf wars in aspects of human resource management. 4.1.3 Leadership and Governance Lack of support from the public in dealing with fraudsters especially in recruitment where job seekers are conned in the pretext of securing employment. Equally there is a slow pace of action from law enforcement institutions in dealing with reported cases of such fraud. On the other hand, members of the public lack clear understanding of the recruitment process and feel that the Board is biased and rigid on the requirements of the job opportunities available. 4.1.4 Professionalism There was inadequate reporting by supervisors on cases of professional malpractices in the work place leading to inability of the Board to deal with such cases. 4.1.5 Protection of Human Rights Members of the minority and marginalized in some cases do not have the requisite minimum qualifications for certain appointments thus making it difficult for the board to apply affirmative action. There is a perception from these groups that jobs are already allocated to the dominant ethnic group hence they do not apply. Additionally the public rely on grape vine as opposed to formal communication from the Board and fail to seek clarification leading to misinformation. 4.1.6 Sustainable Development There was slow process of putting in place a County Organizational Structure this has which affected rationalization of staff. Further there was resistance to change which is evident particularly on the health sector where staff have not embraced devolution. 4.1.7 Prudent use of Resources Processes aimed at staff rationalization by the different authorities for instance human resource capacity assessment audit (Transition Authority), Skills Audit (Department of Public Service Management) and Capacity Assessment and Rationalization of the Public Service (Ministry of Devolution and Planning) have led to wastage of resources and subjected to uncertainty and subsequent underperformance. 4.1.8 Impartial and timely Provision of Information The limited access by the public to print and electronic media curtails accessibility to information released by the Board in relation to recruitment within the County Public Service. 5.0 Recommendations and Way Forward 5.1 Recommendations While implementing the requirements of Article 10 and 232 of the Constitution, challenges were inevitable. To address the various challenges encountered by the Board, the following recommendations are made: 1. Parameters of good governance should be identified from the Constitution and other legal provisions so as to provide a frame work for implementation. 2. Governance structures to be put in place to allow the roll out of various activities that promote National Values and Principles of Governance to County staff and members of the public. 3. Put in place a monitoring and evaluation tool to gauge performance levels in all departments. 4. Draw a programme of activities that targets the sensitization of various cadres of officers on Constitutional requirements pertaining to good governance. 5. Fast track the CPSB Bill to operationalize the Board’s mandate. 5.1 Way Forward Outlined in The County Government Act 2012 section 59 (5) (e): The programmes the Board is undertaking or has planned to undertake in the medium term towards the promotion of the values and principles. In the CPSB Strategic Plan (2014-2018), the Board undertakes to improve the governance index in the Public Service by promoting National Values and Principles of Governance and Values and Principles of Public Service in the County Public Service. To achieve this, the Board will: 1. Determine the parameters for good governance from the constitution and any other written law through identification of activities, within the County Public Service, that promote National Values and Principles of Governance and Values and Principles of Public Service as well as sensitization of public officers and the public on parameters of good governance. 2. Establish a system for implementation of good governance in the County Public Service through a County Governance framework that entails putting in place a Governance Committee and facilitation of the development and roll out of a County Public Service code of conduct. 3. Annually measure and evaluate the governance index through establishment of the key performance indicators, setting of annual targets based on established parameters and undertaking an annual survey to determine the governance index within the County Public Service. Other measures to be undertaken by the Board in promotion of the National Values and Principles of Governance and Values and Principles of Public Service are: (a) Continuous sensitization of County Public Service Officers on the provision of the Constitution and other applicable Laws. (b) Providing regular advisories to the County Executive Committee on aspects of human resource management and development that enhance the practice of good governance. (c) Through the County Public Service Board Bill 2014, the Board will formulate a policy framework to guide its activities relating to informing and educating the public on National Values and Principles of Governance and Values and Principles of Public Service. Dated the 22nd December, 2014. BEN K. SAMOEI, MR/6901334 Secretary.