County Governments Act in Kenya

(1) The County Public Service Board shall establish a public office within the county public service if it is satisfied that— (a) the establishment of the public office shall serve public interest in line with the core functions of the county government; (b) there exists no other public office in...

(1) The County Public Service Board shall abolish a public office when it issatisfied that— (a) the abolition of the public office shall serve the public interest in view of the core functions of the county government; (b) there exists another public office in the county public service discharging...

(1) Taking into account the provisions of this Part, the County Public Service Board on its own motion, may establish or abolish any office in the county public service. (2) If the Board intends to establish or abolish an office it shall submitits proposal to the county assembly for approval...

(1) Except as provided for in the Constitution or legislation, the County Public Service Board has the power to make appointments including promotions in respect of offices in the county public service. (2) The power of the County Public Service Board under sub section (1) shall be...

(1) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding that public office. (2) Acting appointments shall be made only by the lawful appointing authority and for a specified period. (3) Nothing in...

(1) In selecting candidates for appointment, the County Public Service Boardshall consider— (a) the standards, values and principles set out in Articles 10, 27(4), 56(c) and 232(1) of the Constitution; (b) the prescribed qualifications for holding or acting in the office; (c) the experience and...

If a public office is to be filled, the County Public Service Board shall invite applications through advertisement and other modes of communication so as to reach as wide a population of potential applicants as possible and especially persons who for any reason have been or may be disadvantaged.

No appointment or assignment of a duty in a county public service shall be valid unless it is evidenced in writing.

Subject to the relevant legislation, the County Public Service Board shall, for a specified period, maintain a record of all applications received in response to advertisements inviting applications and such record may be inspected by any person.

(1) In selecting public officers for re-designation, the criteria for appointment asprescribed under this Part shall apply. (2) A public officer shall not be re-designated to hold or act in a public office if— (a) the office is not vacant; (b) the public officer does not meet all the...

(1) The provisions of this Act and regulations or procedures made under this Act that apply to appointments shall also apply to promotions. (2) If a public officer has been promoted, the head of department shall within sixty days after the date of the promotion release the public officer to take up...

(1) If the relevant authority fails to confirm an appointment of a public officerinitially appointed on probationary terms, and the term has lapsed with or without an extension, the officer shall stand confirmed in the appointment on the due date. (2) The period served on probationary terms shall...

(1) The power to deploy a county public officer within a department shall vestin the relevant county chief officer. (2) The power to deploy a county public officer from one department to another shall vest in the head of the county public service.

(1) The national government shall put in place measures to protect its public officers on secondment to the counties from loss or disadvantage with respect to pension benefits, gratuity or other terminal benefits. (2) Unless there is an agreement to the contrary, it shall be the responsibility...

The County Public Service Board shall regulate the engagement of persons on contract, volunteer and casual workers, staff of joint ventures and attachment of interns in its public bodies and offices.

If it comes to the attention of the County Public Service Board that there is reason to believe that any process or decision under this Part may have occurred in an irregular or fraudulent manner, the County Public Service Board shall investigate the matter and, if satisfied that the irregularity or...

(1) In exercising its disciplinary powers, the County Public Service Board shall observe the principles of natural justice. (2) No public officer may be punished in a manner contrary to any provision of the Constitution or any Act of Parliament. (3) Nothing in this section shall limit the powers...

(1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county public officer may appeal to the Public Service Commission (in this Part referred to as the “Commission”) against the...

(1) A county public officer desirous of resigning from office may do so in writing addressed to the lawful appointing authority for the public office. (2) The resignation letter shall be delivered to the lawful appointing authority by hand or by registered mail. (3) Resignation under this section...

A person may retire from the county public service— (a) on attainment of the mandatory retirement age prescribed under the relevant legislation or policy or as agreed upon between the county public officer and relevant appointing authority; (b) on grounds of ill health subject to section...

The mandatory retirement age for a county public officer generally or for any category of public officers, shall be prescribed by policy of the national government.

(1) A county public officer may retire from the county public office on the ground of ill health if— (a) the concerned county chief officer considers that the public officer is incapable, by reason of any infirmity of body or mind, of discharging the functions of the public office and it is in the...

(1) If more than one county public officers, holding similar public offices are tobe retired on the ground of abolition of office but one or more public officers is to remain in office, the concerned county chief officer shall inform the public officers that their retirement is under consideration...

(1) If a county chief officer, after having considered the report of the complaint against a public officer and it is apparent that it is desirable to retire the officer on the ground of public interest, the county chief officer shall— (a) serve the public officer a notice setting out the...

(1) The County Public Service Board may retire a public officer if— (a) the officer’s contractual terms and conditions of service provide for a special retirement clause and has fallen due; or (b) the officer is required or is willing to voluntarily retire in accordance with the terms and...

A public officer retired under this Act shall be entitled to apply for a review against the decision on account of— (a) fresh material facts which, with due diligence, could not be presented when the decision was initially made; (b) an error apparent on the record of the initial decision;...

(1) The County Public Service Board may delegate, in writing, any of its functions to any one or more of its members and the county secretary, county chief officer, sub-county or Ward administrator, village administrator, city or municipal manager and town administrators. (2) The provisions of this...

Citizen participation in county governments shall be based upon the following principles— (a) timely access to information, data, documents, and other information relevant or related to policy formulation and implementation; (b) reasonable access to the process of formulating and implementing...

(1) Citizens have a right to petition the county government on any matter under the responsibility of the county government. (2) Citizen petitions shall be made in writing to the county government. (3) County legislation shall give further effect to this section.

County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens.