SUPPLEMENT ISIOLO COUNTY GAZETTE BILLS, NAIROBI, 13th September,?fr16 SPECIAL ISSUE. REPUBLIC OF KEr.fYA

Transcription

1 SPECAL SSUE solo County Gazette Supplement No. (Blls No.9) REPUBLC OF KEr.fYA SOLO COUNTY GAZETTE SUPPLEMENT BLLS, 2016 NAROB, 13th September,?fr16 CONTENT Bll for ntroducton nto the solo County Assembly- The solo County Publc Servce Board Bll, 2016 PAGE...' PRNED AND rubtjshed BY TE GOVERNMENT PRNTER,NAROB

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3 Clause lsrol.o county PLBLTC SERVTCE BOARD BlLL,20l6 ARR.ANGEME{T OF CLAUSES PART -PRELMNARY 1-Short ttle. 2-nterpretaton. PART tr-establs{ment AND STATUS OF TE BOAR) 3-Establshment of the Board. 4-Members of the Board. 5-Addtonal qualfcatons for appontment as charperson or member. 6-Procedure for appontment of members of the Board. 7 as secretary. -Desgnaton 8-Headquarters. 9-Gudng prncples of the Board. lo-functons of the Board. 1l-Oath of offce. l2-powers of the Charperson. l3-vce Charperson to act n absence of Charperson. l4-tenure of offce. l5-removal from and Vacaton of offce. l6-fllng of vacancy. l7-commttees of the Board. l8-procedures of the Board. l9-terms and Condtons of servce. 2O-Secretary to be head of secretarat 21 of secretary. -Removal Appontment of staff The common seal of the Board. 24 -Protecton from personal lablty. 25-General Powers of the Board 26-Powers of a Court.

4 The solo County Publc Servce Board Bll,2016 PART -htvestgatons A\[D NQ.RY BY TTE BOAR) 27 -Powers relatng to nvestgatons. 28 -Jursdcton n nvestgatons Lmtaton of j ur sdcton. 30 by persons aggreved. -Complants 31-Form of complant. 32-Dscreton not to nvestgate. 33-Notce and hearng of nvestgaton. 34-Persons lkely to be prejudced or affected to be heard. 35-Personal protecton for statements made to the Board. 36-Acton after nvestgatons or nqury. PAR.T TV-REFORT AND RECOMMENDATONS 37-Report to complanant or organzaton. 38-Board to take approprate dscplnary acton. 39-Funds of the Board. 40-Fnancal year. 4l -Annual estmates. 42-Accounts and Audt. 43-Bank accounts. PART V -FNANCAL PROVSONS PAR,T V-MSCELLANEOUS, SAVNGS A\D TRA\SMONAL PROYSONS 44-Management of nformaton. 45-Offences. 46-Report of the Board to Governor, County Assembly and Senate. 47-Regulatons. 48-Savngs. FRST SED]LE-PR.OCEDT]RE FOR, APPONTMENT OF MEMBERS OF TE BOAR.) :l 1 /

5 The solo Counry Publc Servce Board Bll, SECOND SCMDLE AFFRMATON OF -OAT/ CNR.PER,SON/A MEMBEW SECRETAR.Y THRD SCED.]LE-MEETNGS AND PR,OCED.]R,E OF THE BOAR)

6 The solo County Publc Servce Board Bll,2016 THE SOLO COTJNTY PT]BLC SERVCE BOARD BLL,2O6 A Bll for A{ ACT of the County Assembly of solo to establsh County hlblc Servce Board pursuant to Artcle 235 o the Consttuton and sectons 57r 58 and 59 of the County Governments Act to provde for the membershp, powers and functons of the Board and for connected purpc s ENACTED by the County Assembly of solo, as follows- PART -PRELMNARY Short ttle 1. Ths Act may be cted as the solo County Publc Servce Board Act,2016 and shall come nto operaton upon publcaton n the County and Kenya Gazette. nterpretaton 2.(l) n ths Act, unless the corttext other-wse requres- "charperson" means the charperson of the Board apponted under secton 6; "board" means solo County Fublc Servce Board; "code of conduct" means any wrtten standard ssued by a lawful authorty to gude the conduct of any county publc offcer or category of publc offcers; "condtons of servce" nclude any crteron or crcumstance or factor for a person's- (a) appontment, secondment, deployment promoton or dscplne wth respect to a publc offce; O) retenton n employment as a publc offcer; or (c) remuneratve, retrement and other benefts; "coung/ assembly" means solo County Assembly establshed under Artcle 176 of the Consttuton; "counq/ executve commttee" means solo county executve commttee establshed n accordance wth Artcle 176 of the Consttuton; "coung/ gazette" means a gazette publshed by the authorty of the solo county government or a supplement of that gazette; "count5/ publc offce" means an offce n the county publc servce or an offce n a publc body but does not nclude any offce specfcally exempted by the Consttuton from the powers of the county government; {!,l 1 1 l l l r

7 The solo County Publc Semce Board Bll,2016 "county publc offcer" means any person apponted by the solo County Government and holdng or actng n a county publc offce whether pad, unpad, or on contractual or permanent terms but does not nclude a person engaged on a part-tme bass n a county publc body pad at an hourly or daly rate; "county publc servce" means the solo County Publc Servce; "dscplnary control" means the mposton of any punshment aganst a publc offcer on account of msbehavor or breach of a code of conduct; "executve commttee membet'' means the solo county executve commttee member responsble for matters related to publc servce; "governor" means the solo county governor elected n accordance wth Artcle 180 of the Consttuton; "salares and remuneraton commsson" means the salares and Remuneraton Commsson establshed under Artcle 23O (l) of the Consttuton; and "secretary" means the secretary to the Board apponted by the Governor under secton 58 (1) (c) of the County Governments Act. PART T_ESTABLSHMENT AYD STATUS OF TE BOAR) Establshment of the Board 3. (1) There s hereby establshed a Board to be known as solo County Publc Servce Board establshed n accordance wth secton 57 of the County Governments Act. Members of the Board 4. (l) The County Publc Servce Board shall comprse- (a) A charperson nomnated and apponted by the county governor wth the approval of the county assembly; (b) not less than three but not more.than fve other members nomnated and apponted by the county governor, wth the approval of the county assembly; and (c) a certfed publc secretary of good professonal standng nomnated and apponted by the governor, wth the approval of the county assembly, who shall be the secretary to the board. (2) The secretary shall be the Chef Executve and Accountng Offcer of the Board.

8 The solo County Publc Servce Board Bll,2Ol6 Addtonal quallftcatons for appontuent as Charperson or memhr 5. (l) A person shall be qualfed for appontment as the Charperson of the Board f that person has, n addton to the qualfcatons provded under secton 58 (3) of the County Governments Act, knowledge and at least ten years' experence n matters relatng to admnstraton or management. (2) A person shall be qualfed for appontrnent as a member of the Board f that person has, n addton to the qualfcatons provded under secton 58 (3) of the County Governments Act, knowledge and at least fve years' experence n matters relatng to any of the followng felds- (a) law; (b) publc admnstraton; (c) economcs; (d) management; or (e) socal scences; and (f) a dstngushed career n the respectve feld. (3) A person shall not be qualfed for appontment as the charperson or a member f that pemon- (a) s a member of Parlament or a County Assembly; (b) s a member of the governng body of a poltcal party; (c) s a member of a County Government; (d) s an undscharged bankrupt; or (e) has been removed from offrce for contravenng the provsons of the Consttuton or any other law. kocedure for apponhent of members of the Board 5. The procedure for appontment of the Charperson and members of County Publc Servce Board shall be as set out n rhe Frst Schedule. Desgnaton as sccretar5r 7.t a County publc offcer s desgnated as secretary to the Board, the appontment or renewal of appontment shall be on the recommendaton of the Board. Headquarters E. The headquarters of the Board shall be at the solo County Government headquarters..l l 1 l ;

9 The solo County Publc Servce Board Bll,20l6 Gudng prncples of the Board 9.n fulfllng ts mandate, the Board shall act n accordance wth the values and prncples set out n the Constnrton and the laws of Kenya, and shall observe and respect- (a) the dversty of the people of Kenya; O) mpanalty, gender equalty and gender equty; (c) nclusveness, nondscrmnaton and protecton of the margnalzed groups; (d) all treates and conventons ratfed n Kenya. Functon of County Publc Servce Board 10. (1) The functons of the County Publc Servce Board, as provded by secton 59 of the County Governments Act shall be on behalf of the county government to- (a) establsh and abolsh offces n the county publc appont persons to hold or act n offces of the county publc servce ncludng n the Boards of ctes and urban areas wthn the county and to confrm appontments; (c) exercse dscplnary control over, and remove persons holdng or actng n those offces as provded for under Part V of the County Governments Act; (d) prepare rcgular reports for submsson to the county assembly on the executon of the functons of the board; (e) p,romote n the county publc servce the values and prncples referred to n Artcles l0 and 232 of the Consttuton of Kenya; (f) evaluate and report to the county assembly on the extent to whch the values and prncples referred to n Artcles 10 and,232 are compled wth n the county publc servce; (g) facltate the development of coherent, ntegrated human resource plannng and budgetng for personnel emoluments n the county; (h) advse the county government on human resource management and development; () advse the county government on the mplementaton and montorng of the natonal performance management system n the county; () make recommendatons to Commsson, on behalf of the Salares and Remuneraton the county government, on the

10 Oath of oflce The solo County Publc Servce Board Bll,2Ol6 remuneraton, pensons and gratutes for county publc servce employees. 11. The Chaqperson, members and the secretary shall each make and subscrbe, before a magstrate or commssoner of oath, the oath or affrmaton set out n the Second Schedule. Powers of the Charperson 12. (l) The Charperson shall, wthn seven days of the appontrnent of the members, convene the frst meetng of the Board at whch the members shall elect the Vce{halperson of the Board from arnongst the members. (2) The Charperson shall- (a) presde over all meetngs of the Board; O) be the spokesperson for the Board; and (c) supervse and drect the work of the Board. Vcrc-Charp rson to act n absence of Charperson 13. (l) f the offce of Chaqperson becomes vacant or f the Charperson s unable to exercse the powers or perform the functons of hs or her offce owng to absence, llness or any other cause, the Vce- Charperson shall exercse or perform those powers or functons. (2) The Charperson and members of the Board shall serve on ether a full-tme or part-tme bass. Tenure of ofce 14. (1) The Charperson and members of the Board shall be apponted for a non-renewable term of sx years. (2) The Governor shall notfy every resgnaton, vacancy or termnaton of servce n the County and Kenya Gazette wthn seven days. Removal from and vacaton of oflce 15. (l) The Charyerson or member of the Board may be removed from offce n accordance wth Secton 5E (5) of the County Governments Act. (2) The offce of the Charperson and members of the County Publc' Seruce Board shall become vacant f the holder- (a) des;

11 The solo County Publc Servce Board Bll,20l6 O) by notce n wrtng addressed to the Governor resgns from offce; or (c) s removed from offce under subsecton (l). Fllng of vacancy 16. (1) Where a vacancy occurs n the membershp of the Board under secton 14, the appontment procedure provded under ths Act shall apply. (2) A member apponrcd under subsecton (l) to fll a vacancy shall serve for a term of sx years but shall not be elgble for reappontment. Commttees of the Board 17. (1) The Board may, from tme to tme establsh, commttees as may be necessary for the better carryng out of ts functons. (2) The Board may- (a) co-opt nto the membershp of a commttee establshed under subsecton (l) other persons whose knowledge and sklls are necessary for the functonng of the commffee; or (b) hre such experts or consultants as are necessary for the functonng of the Board. kocedures of the Board 13. (1) The busness and affars of the Board shall be conducted n accordance wth the Thrd Schedule. (2) Except as provded n the Thrd Schedule, the Board may regulate ts own procedure. Terms and condtons of servce 19. The salares, allowances and other terms and condtons of servce of the Charperson and other members of the Board shall be determned by the Salares and Remuneraton Commsson. Secretary to be head ofsecretarat 20. (1) The secretary shall be the chef executve offcer of the Board and head of the secretarat and shall be responsble to the Board. (2) The secretary shall hold offce for a term of fve years and shall be elgble for re-appontment for a further term of fve years.

12 l0 R.emoval of sccretary The solo County Publc Servce Board Bll, (1) The secretary may be removed from offrce by the Governor on the recommendaton of the Board, n accordance wth the terms and condtons of servce for- (a) nablty to perform the functons of the offce of secretary arsng out of physcal or mental ncapacty; O) gross msconduct or msbehavor; (c) ncompetence or neglect of duty;. (d) volaton of the Consttuton; or (e) any other ground that would justfy removal from offce under the terms and condtons of servce. (2) Before the Secretary s removed from offce under subsecton (l), the Secretary shall be gven- (a) suffcent notce of the allegatons made aganst hm or her; and O) an opportunty to present hs or her defense aganst the allegatons. (3) The terms of servce (secton 20 (2)) and the removal (secton 2l (l )) of the Board Secretary shall come nto effect n the subsequent Board. Appontment of staff 22. Subject to Part Vtr of the County Governments Act, the Board may appont such number of staff as may be necessary for the proper dscharge of ts functons under Ors Act, and upon such terms and condtons of servce as the Board may determne n consultatons wth Salares and Remuneraton Commsson. The common seal of Board 23. (1) The Common seal of the Board shall be kept n safe custody by the Secretary or as the Board shall drect and shall not be used except on the order of the Board. (2) The common seal of the Board when affxed to a document and duly authentcated shall be judcally and offcally notced and, unless the contrary s proved, any necessary order or authorzaton of the Board under ths secton shall be presumed to have been duly gven. Protecton from personal lablty \, 24. No matter or thng done by a member of the Board or any off,rcer, employee or agent of the Board shall, f the matter or thng s done n good fath whle executng the functons, powers or dutes of the Board, render

13 The solo County Publc Servce Board Bll,2016 ll the member, offcer, employee or agent personally lable for any acton, clam or demand General lxlwersof Board 25. n addton to the powers conferred to t under Part V of the County Government Act, the Board shall have powers to- (a) obtan, by any lawful means, any nformaton t consders relevant, ncludng requston of reports, records, documents and any nformaton from any person and to compel the producton of that nformaton for the proper dscharge of ts functons; (b) nterrrew any person or group of persons; (c) take dscplnary acton of staff or offcers seconded to the County Publc Servce; (d) hold, charge and dspose of movable and mmoveable property; (e) conduct audts of any county publc nsttuton to establsh the level of complance wth the Consttuton wth regard to ntegratng values and prncples of Publc servce and governance; (0 requre any county publc nsttuton to provde any specal report on matters relatng to the nstnrdon's mplementaton of the values and prncples of publc servce and governance. (2) An offcer aggreved by the decson made by the County Publc Servces Board has a rght to appeal to the Publc Servces Commsson. Powers ofa court X.ln the performance of ts powers and functons under ths Act, the Board shall have the powers of a court to- (a) queston any Person n respect of any subject maber under nvestgaton before the Board; and (b) requre any person to dsclose any nformaton wthn that person's knowledge relevant to any nvestgaton by the Board. PART M_NVESTGATONS AND NQRY BY THE BOAR) Powers relatng to nvstgatons 27. (1) The Board may, for the purpose of conductng any nvestgaton or nqury, employ the servces of any county publc offcer or nvestgaton agency of the county or natonal Government at the expense of the Board.

14 1 t2 The sola County Publc Servce Board Bll,2O16 (2) For the purpose of nvestgatng any matter or carryng out any nqury, a publc offcer or agency whose servces are employed under subsecton (1) may, subject to the drecton and contml of the Board- (a) regure the dscovery and p,roducton of any document; and (b) requston any publc record or copy thereof from any publc offcer. (3) The provsons of secton 38 shall apply n relaton to any statement made by a person before any publc oflcer or agency whose servces are employed under subsecton (1) as they apply n relaton to any statement made by a person n the course of gvng evdence before the Board. (4) The publc offcer or agency whose servces are employed under subsecton (1) shall nvestgate any matter and submt a report to the Board n that respect. (5) The Board shall satsfy tself on the correctness of the facts stated and the concluson arrved at n the report submtted to t under subsecton (4) and for that purpose, the Board may make such nqurry, ncludng the examnaton of any person or persons who conducted or asssted n the nvestgaton, as t deems ft. Jursdcton n nvestgaton 2E. (l) The Board shall nvestgate or carry out an nqury upon any complant, and may, on ts own ntatve, nvestgate or carqt out an nvestgaton on any matter relatng to the carryng out of the functons or mplementaton of the values and prncples of publc servce and governance n- (a) rclaton to any person; (b) a publc offce; or (c) any other body or agency of the County. (2) The Board shall endeavour, where approprate, to resolve any matter brought before t by conclaton, medaton or negotaton. Lmtaton of jursdcton 29.The Board shall not nvestgate or nqurc nto- (a) any matter pendng before any court or judcal trbunal; O) any crmnal offence; (c) any matter relatng to the relatonshp between the natonal government and the county; 1 l t 1

15 The solo County Publc Seryce Board Bll,2016 (d) anythng n respect of whch there s a rght of appeal or other legal remedy unless, n the opnon of the Board, t s not reasonable to expect that rght of appeal or other legal rcmedy to be resorted to; or (e) any matter for the tme beng under nvestgaton by any other person or Board establshed under the Consttuton or any other wrffen law. Complants by persons aggreved 30. (1) A person aggreved by any matter relatng to the County publc servce or the functonng of any offrcer or employee, hay make a complant to the Board n person or on hs or her behalf as specfed under subsecton (2). (2) A complant may be made on behalf of an aggreved person- (a) f the aggreved person s dead or otherwse not able to act for hmself or herself, by a member of hs or her famly or other person sutable to represent the aggreved person; or (b) by a member of the County Assembly wth the consent of the aggreved per$on or other person who, under paragraph (a), s entfled to make the complant on behalf of the aggreved Person. Form of complant 31. (l) A person wshng to lodge any complant under secton 29 may do so orally or n wrtng addressed to the secretary or such other person as may be duly authorzed by the Board for that purpose. (2) Where a complant under subsecton (l) s made orally, the person before whom the complant s made shall cause the complant to be recorded electroncally or n wrtng. (3) A complant under subsecton (1) shall be n a form and contan partculars that the Board may prescrbe. (4) Upon recept of a complant under subsecton (l), the Board' may- (a) call for nformaton or a report regardng the complant from any responsble person wthn reasonable tme that may be specfed by the Board; and (b) wthout prejudce to paragraph (a), ntate nqury as t consders necessary, havng regard to the nature of the complant. t3 ) t

16 l4 The solo County Publc Servce Board Bll,2016 (5) f the nformaton or report called for under subsecton (4) (a) s not receved wthn the tme specfed by the Board, the Board may proceed to nqure nto the complant wthout the nformaton or report. (6) f on recept of the nformaton or report the Board s satsfed that- (a) no further acton s requred; or (b) the requred acton s under the mandate of a natonal Government or other county organ or body, the Board shall, n wrtng, nform the complanant accordngly and take no further acton. Dscreton not to nvestgate 32. The Board may declne to nvestgate or nqure nto a complant f the Board consders that- (a) there s, n exstence, adequate remedes under any wrtten law or admnstratve practce; or (b) the complant s trval, frvolous, vexatous or s not made n good fath. Notce and llearng of nvestgaton 33. (1) Before commencng an nvestgaton or nqury under ths Act, the Board shall gve notce of the ntended nvestgaton or nqury to the admnstratve head of the County organ, publc offce or organzaton and the offcer or employee to whch the nvestgaton or nqury relates. (2) The hearngs of any nvestgaton or nqury by the Board shall be open to the publc. Persons lkely to be prejudced or affected to be heard 34. (1) Subject to subsecton (2), f at any stage of an nvestgaton or nqury the Board- (a) consders t necessary to nqure nto the conduct of any person; or O) s of the opnon that the reputaton of any person s lkely to be prejudced by the nvestgaton or nqury; (c) t shall gve that person an opportunty to appear before the Board n person or by an advocate to gve evdence n hs or her own defense. (2) Ths secton shall not apply where the credblty of a wtness s beng mpeached. 1

17 l The solo County Publc Servce Board 8l1,2016 Personal protecton for statements made to the Board 35. No statement made by a person n the course of gvng evdence before the Board shall subject that person to any cvl or crmnal proceedngs exc pt for gvng false evdence n the statement. Acton after nvestgaton or nqury 36. The Board may, upon any nvestgaton or nqury nto a complant under ths Act take any of the followng steps- (a) where the nvestgaton or nqurry nto a complant of dscrmnaton dscloses a crmnal offence, refer the matter to the Drector of Publc Prosecutons or any other relevant authorty or take any other acton that the Board may deem ft aganst the concerned County organ, p rson or persons; (b) recommend to the complanant a course of judcal or other redress whch does not warrant an applcaton under Artcle 22 of the Consttuton; (c) recommend to the complanant and to the relevant government agency or other body concerned n the alleged dscrmnaton, other approprate methods of settlng the complant or to obtan relef; or (d) provde a copy of the nvestgaton or nqury rcport to all nterested partes. PART V-R.E,PORT AND RECOMMENDATONS Report to complanant or organzaton 37. (1) The Board shall nform the complanant, county agency, county publc offce and organzaton to whch the nvestgaton relates, on the results of the nvestgaton or nqury and the full report n wrtng. (2) The report shall nclude- (a) the fndngs of the nvestgaton or nqury; (b) the recommendaton of the Board and the reasons for the rerommendaton; and (c) any other matter that the Board consders approprate. (3) The Board may requre the county organ, publc offce or organzaton that was the subject of the nvestgaton or nqury to submt a report to the Board wthn a specfed perod on the steps, f any, taken to mplement the recommendatons of the Board. r5

18 \ l6 The solo County Publc Servce Board Bll,2016 (4) f the recommendatons of the Board are not mplemented wthn the specfed tme, the Board may submt the report to the County Assembly as the Board thnks ft. Board to take approprate dscplnar5r acton 38.f, after an nvestgaton, the Board s of the opnon that there s evdence that a person, an offcer or employee of the county organ,publc offce or organzaton to whch an nvestgaton was related s gulty of msconduct, the Board shall take the approprate dscplnary acton. Funds of the Board PART V -T'NA\CAL PROVSONS 39. The funds of the Boad shall consst of mones- (a) allocated by the County Assembly for the purposes of the Board; O) or assets that may accrue to the Board n the course of the exercse of ts powers or n the performance of ts functons; and (c) from any other source provded, donated or lent to the Board. Fnancal year 40. The fnancal year of the Board shall be the perod of nvelve months begnnng on the frst day of July and endng on the thrteth day of June n the followng year. Annuat estmatcs 4f. (l) Before the commencement of each fnancal year, the Board shall cause to be prepared estmates of the revenue and expendture of the Board for that year. (2) The annual estmates shall make provson for all the estmated expendture of the Board for the fnancal year concerned and, n partcular, shall provde for the- (a) payment of the salares, allowances and other charge n respect of the staff of the Board; (b) payment of pensons, gratutes and other charges n respect of benefts whch are payable out of the funds of the Board; (c) mantenance of the buldngs and grounds of the Board; (d) fundng of tranng, research and development of actvtes of the Board;

19 The solo Counry Publc Servce Board Bll,2016 (e) creaton of frrnds to meet funrre or contngent labltes n respect of benefts, nsurance or replacement of buldngs or nstallatons, equpment; and (0 other matters as the Board may thnk frt. (3) The annual estmates shall be approved by the Board before the corrmencement of the fnancal year to whch they relate and shall be submtted to the Speaker for tablng n County Assembly. (a) No expendture shall be ncurred by the Board except n accordance wth the annual estmates qpproved under subsecton (3). Accounts and Audt A. Q\ The Board shall cause to be kept all proper books and records of account of the ncome, expendture, assets and labltes of the Board. (2) Wthn a perod of three months after the end of each fnancal year, the Board shall submt to the Audtor-General the accounts of the Board n respect of that year together wth a statement of - (a) the ncome and expendture of the Board durng that year; and O) the assets and labltes of the Board on the last day of that fnancal year. (3) The annual accounts of the Board shall be prepared, audted and reported upon n accordance wth the provsons of Artcles 226 and 299 of the Consttuton and the Publc Audt Act. Bank Accounts 43. The Board shall open and mantan such bank accounts as s necessary for the performance of ts functons. The County Treasury shall remt the funds to the Board's bank account on quarterly bass. PART Y-MTSCELLEhEOUS, SAVTNGS A{D TRA{STTONAL PROVSONS Management of nformaton U. (l\ The Board and the staff of the Board shall mantan confdence n respect of all matters that come to ther knowledge n the exercse of ther dutes. (2) Subject to the provsons of Artcle 35 of the Consttuton, the Board and the staff of the Board shall not be called to gve evdence n respect of any matter that comes to ther knowledge n the exercse of ther dutes. t7

20 \ t8 The solo County Publc Seruce Board Bll,2016 (3) Notwthstandng secton (2), the Board may dsclose n any report made by the Board under ths or any other Act, any matter that, n the opnon of the Board, may be dsclosed n order to establsh grounds for the Board fndngs and ts recommendatons. Ofrences 45. A person who- (a) wthout justfcaton or lawful excuse, obstnrcts, hnders or threatens a member or staff of the Board actng under law; O) submts false or msleadng nformaton; (c) fals to honour summons; or (d) msrepresent to or knowngly msleads the Board or a member of staff of the Board actng under law, commts an offence and s lable on convcton to a fne not exceedng fve hundred thousand shllngs or to mprsonment for a term not exceedng two years or to both. Report of the Board to Governor, County Assembly and Senate 46. (l) As soon as practcable after the end of each fnancal year, the Board shall submt a report to the Governor and County Assembly whch report shall nclude- (a) the fnancal statements of the Board; (b) a descrpton of the actvtes of the Board durng that fnancal year (c) recommendatons on specfc actons to be taken n furtherance of the functonng of the Board; (d) recommendatons on legal and admnstratve measures to address specfc concerns dentfed by the Board; and (e) any other nformaton relatng to ts functons that the Board consders relevant. (2) The Board shall publsh the report n the Counry Gaz*tte. (3) The Governor or the County Assembly may at any trne requre the Board to submt a report on a partcular ssue or maffer. R.egulatons 47. The Board shall make regulatons for the better carryng nto effect of the provsons of ths Act and any other legslaton.

21 l Savngs The solo County Publc Servce Board Bll,20l6 l9 48. (l) The Board shall be bound n all employment contracts, ncludng contracts of senrce, f any, subsstng at the commencement of ths Act and to whch the County government or Local Authorty was party. (2) All rghts, powers and dutes relatng the publc servce, whether arsng under any wrtten law or otherwse whch mmedately before the comng nto operaton of ths Act were vested n Local Authortes or County Government shall be transferred to, vested, mposed on, or be enforceable by or aganst the Board (3) All actons, suts or legal proceedngs relatng the publc servce, by or aganst the Local authortes shall be carred out, aganst the Board and no such sut, acton or legal proceedngs shall abate or be affected by the comng nto operaton of ths Act. (a) The offcers deployed to the Cotrnty and servng on nterm tenns shall contnue wth the terms and condtons of servce they held before beng seconded ncludng remuneraton, allowances and penson or other benefts and shall not be altered to the offcer's dsadvantage, but may be altered to the off,rcer's advantage n accordance wth secton 138 (l) of the Counry Government Act, 2012.

22 \ { Thc solo County Publc Servce Board Bll,20l6 FR,ST SCEDLE s.6 PROCEDTJRE FOR. APPONTMENT OF MEMBERS OF THE BOAR) 1. Whenever there s a vacancy n the Board the Governor shall, wthn fourteen days of the occurrence of the vacancy, convene a selecton panel for the purpose of selectng sutable canddates for appontment as Charperson or member of the Board. 2.The selecton panel shall, subject to ths secton, determne ts own procedure. 3. The selecton panel shall, wthn seven days of ts convenng, nvte applcatons from qualfed persons and publsh the names and qualfcatons of all applcants n a manner provded for publcaton n the County and n two daly newspapers of natonal crculaton. 4. The selecton panel shall wthn seven days of necept of applcatons under paragraph 3 consder the applcatons, ntervew and shortlst at least- (a) three persons qualfed for appontment as Charperson; and O) eght persons qualfed for appontment as members of the Board, and forward the names of the selected canddates to the Governor for nomnaton. 5. The Governor shall, wthn seven days of recept of the names forwarded under paragraph 4, nomnate one person for appontment as Charperson and fve persons for appontment as members of the Board, and forward the names of the persons nomnated to the County Assembly. 6. The County Assembly shall, wthn twenty-one days of the day t next sts after recept of the names of the nomnees under paragraph 5, consder all the nomnatons receved and may approve or reject any nomnaton. 7. Where the County Assembly approves the nomnees, the Speaker shall, forward the names of the approved persons to the Governor for appontment. E. The Governor shall, wthn seven days of the recept of the approved nomnees from the County Assembly, by notce n the County and Kenya Gazette, appont the Charperson and members approved by the County Assembly. 9. Where the County Assembly rejects any nomnaton, the Speaker shall, wthn three days, communcate the decson of the County Assembly to the Governor to submt fresh nomnatons.

23 The solo County Publc Servce Board Bll,2016 2l 10. Where a nomnee s rejected by County Assembly under paragraph 9, the Governor shall, wthn seyen days, submt to the County Assembly a fresh nomnaton from amongst the persons short lsted and forwarded by the selecton panel under paragraph f the County Assembly rcjects all or any subsequent nomnee submtted by the Governor for approval under paragraph l, the provsons ofparagraphs 4 and 5 shall apply. 12.n short lstng, nomnatng or appontng persons as Charperson or member of the Board, the selecton panel, the County Assembly and the Governor shall- (a) ensure that not more than two-thrds of the members are of the same gender; (b) observe the prncples of regonal balance; and (c) have due regard to the prncple of far representaton for persons wth dsabltes. 13. Despte the foregong provsons of ths secton, the Governor may by notce n the County and Kenya Gazette, extend the perod specfed n respect of any matter under ths Schedule by a perod not exceedng twenty-one days. 1

24 \ The solo County Publc Servce Boal Bll,20l6 SECOND SCEDULE s.11 OATH / AFFRMATON OF Tf' OFT"CE OF CHARPERSON / A MEMBER. / SECRBTARY,... havng been apponted (the Charperson/member of /secretary to) solo County Publc Servce Board, do solemnly (swear/declare and affrm) that wll at all tmes obey, respect and uphold the Constoton of Kenya and all other laws of the Republc; that wll fathfully and fully, mpartally and to the best of my ablty, dscharge the tnrst and perform the functons and exercse the powers devolvng upon me by vrnre of ths appontment wthout fear, favour, bas, affecton, ll-wll or prcjudce. (SO ELP ME GOD). Sworn / Declared by the sad Before me ths. Day...of Magstrate/Commssoner of oath

25 J The solo County Publc Servce Board Bll,2O16 THRD SCEDTJLE SCEDULE s.l8 MEETNGS AYD PROCED]RE OF THE BOAR) s.lt Meetngs 1. (1) The Board shall decde when and where t meets and the meetngs shall be convened by the charperson n consultaton wth the secretary. (2) Unless three quarters of the members otherwse agree, at least two days' notce n wrtng of a meetng shall be gven to every member. (3) A meetng shall be presded by the Charperson or n hs or her absence, by the Vce Ctrarperson. (4) The members of the Board shall elect a Vce-Charperson from among themselves - (a) at the frst sttng of the Board; and (b) whenever t s necesstry to fll the vacancy n the offce of the vce-charperson. (5) The Charperson and vce-charperson shall not be of the same gender. (6) The Board may nvte any person to attend any of ts meetngs and to partcpate n ts delberatons, but such person shall not have a vote n any decson of the Board Conflct of ntcrest 2. (l) f any person has a personal or fducary nterest n any matter before the Board and s present at a meetng of the Board or any commttee at whch any matter s the subject of consderaton, that person shall as soon as s practcable after the commencement of the meetng, declare such nterest and shall not take part n any consderaton or dscusson of, or vote on any queston touchng such matter. (2) A dsclosure of nterest made under subparagraph (l) shall be recorded n the mnutes of the meetng at whch t s made. (3) No member or staff of the Board shall transact any busness or trade wth the Board. Quorum 3. (l) Subject to sub'paragraph (2), the quorum of the meetng shall not be less than half of the apponted members.

26 1 l \ The solo County Publc Servce Board Bll,2016 (2) Where there s a vacancy n the Board, the quorum of the meetng shall not be less than three Board members. Votng 4. The Board shall strve to make ts decson through consensus. n absence of consensus, a queston before the Board may be decded wth a supportng vote of at least two thrds of the members present. Rules of procedure and mnutes 5. The Board shall- (a) determne rules of procedure for the conduct of ts busness; and O) keep mnutes of ts proceedngs and decsons. 'T t r t {

27 t The solo Counry Publc Semce Board Bll,20l6 MEMORANDUM OF OBJECTS A\[D REASONS The prncpal object of ths Bll s to provde a comprehensve framework for the operatons of the solo County Publc Servce Board pursuant to the provsons of Artcle 235 of the Consttuton and sectons 57,58 and 59 of the County Governments Act. Part provdes for the short ttle and commencement date and nterpretaton of terms used. Part provdes for the establshment and admnstraton of the Board. Ths part also provdes for a secretarat to be headed by the Board Secretary and supported by the requste staff. Part m provdes for the procedural matters relatng to the conduct of nvestgatons and enqures by the Board. Specfcally, the powers and jursdcton of the Board n relaton to nvestgatons and enqures and the lodgng of complants, notce and hearngs are provded for. Ths part also defnes the persons lkely to be affected or prejudced by nvestgatons or enqures and consderatons and elements of the rules of natural justce that the Board wll have regard to. The actons to be taken after nvestgatons or enqures are also addressed. Part V prescrbes the responsblty of the Board to make a report to the complanant, county agency, county publc offce and organzaton to whch the nvestgaton relates the results thereof and the powers of the Board to take dscplnary acton where such nvestgaton reveals msconduct on the part of the person nvestgated. Part V sets out the fnancal provsons and addresses ssues of funds to cater for the expenses of the Board, Accounts and Audt. Part V sets out mscellaneous and general provsons ssues of management of nformaton, Offences, Reports by the Board to the Governor and the County Assembly and the power to make Regulatons. The enactment of ths Bll shall occason addtonal expendture of publc funds whch shall be provded for through the budgetary estmates. DBA TUB, Channan, Labour, Socal Welfare and Cultural Servces. \