- Section 47 of County Governments Act: Performance management plan
(1) The county executive committee shall design a performance management plan to evaluate performance of the county public service and the implementation of county policies.
(2) The plan shall provide for among others—
(a) objective, measurable and time bound performance indicators;
(b) linkage...
- Section 48 of County Governments Act: Decentralized units
(1) Subject to subsection (3), the functions and provision of services of each county government shall be decentralized to—
(a) the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act (No. 13 of 2011);
(b) the sub-counties equivalent to the...
- Section 49 of County Governments Act: Urban areas and cities structures
The structures and functions of urban areas and cities shall be as is provided for in the Urban Areas and Cities Act (No. 13 of 2011).
- Section 50 of County Governments Act: Office of the sub-county administrator
(1) There shall be established at the level of each sub-county the office of the sub-county administrator.
(2) The sub-county administrator shall have qualifications and knowledge in administration or management and shall be competitively appointed by the County Public Service Board in accordance...
- Section 51 of County Governments Act: Establishment of the office of Ward administrator
(1) There is established for each Ward in a county the office of the Ward administrator.
(2) The Ward administrator shall have professional qualifications and technical knowledge in administration and shall be competitively appointed by the County Public Service Board in accordance with the...
- Section 52 of County Governments Act: Establishment of the office of village administrator
(1) There is established the office of village administrator for each village unit established in a county.
(2) A village administrator shall have professional qualifications and technical knowledge in administration and shall be appointed by the County Public Service Board in accordance with the...
- Section 53 of County Governments Act: Village council
(1) There is established, for each village unit, a village council comprising—
(a) the village administrator who shall be the chairperson of the village council; and
(b) not less than three and not more than five village elders competitively appointed by the village administrator with the approval...
- Section 54 of County Governments Act: Structures of decentralization
(1) There shall be such further structures of decentralization as may be providedfor in county legislation.
(2) There shall be, for every county, a consultative forum for the co-ordination of development activities consisting of the heads of departments in the county and heads of recognised...
- Section 55 of County Governments Act: Objectives
The objectives of this Part are to—
(a) provide for evaluation and reporting on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the county public service;
(b) provide for the organization, staffing and functioning of the...
- Section 56 of County Governments Act: County to have county public service
(1) Each county shall, in accordance with Article 235 of the Constitution, haveits own public service to be known as county public service.
(2) The county public service shall be headed by a county secretary appointed under section 44.
(3) For purposes of subsection (1), the designation county...
- Section 57 of County Governments Act: Establishment of the County Public Service Board
There is established a County Public Service Board in each County, which shall be—
(a) a body corporate with perpetual succession and a seal; and (b) capable of suing and being sued in its corporate name.
- Section 58 of County Governments Act: Composition of the County Public Service Board
(1) The County Public Service Board shall comprise—
(a) a chairperson nominated and appointed by the county governor with the approval of the county assembly;
(b) not less than three but not more than five other members nominated and appointed by the county governor, with the approval of the...
- Section 59 of County Governments Act: Functions and powers of a County Public Service Board
(1) The functions of the County Public Service Board shall be, on behalf of the county government, to—
(a) establish and abolish offices in the county public service;
(b) appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within...
- Section 60 of County Governments Act: Criteria for establishment of public offices, etc.
(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...
- Section 61 of County Governments Act: Criteria for abolition of public offices
(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...
- Section 62 of County Governments Act: Powers of the County Public Service Board to establish or abolish office
(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...
- Section 63 of County Governments Act: Powers of the County Public Service Board to make appointments
(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...
- Section 64 of County Governments Act: No unqualified person may be appointed in acting capacity
(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...
- Section 65 of County Governments Act: Matters to take into account during appointments, etc.
(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...
- Section 66 of County Governments Act: Advertisements of positions to be widely publicised
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.
- Section 67 of County Governments Act: Appointments to be in writing
No appointment or assignment of a duty in a county public service shall be valid unless it is evidenced in writing.
- Section 68 of County Governments Act: Board to maintain records of applicants
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.
- Section 69 of County Governments Act: Re-designation of officers
(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...
- Section 70 of County Governments Act: Provisions on appointments to apply to promotions
(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...
- Section 71 of County Governments Act: Confirmation of appointment on lapse of period
(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...
- Section 72 of County Governments Act: Power to deploy public officers
(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.
- Section 73 of County Governments Act: Secondments
(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...
- Section 74 of County Governments Act: County Public Service Board to regulate appointment of persons on contract
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.
- Section 75 of County Governments Act: Action on irregularity of process
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...
- Section 76 of County Governments Act: Prohibition of punishment contrary to the Constitution
(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...