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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 the county public service discharging or capable of discharging the duties for which the county is requested to establish another office;
(c) upon the establishment of the office, the office shall be vacant to be filled competitively and transparently in accordance with the prescribed appointment or promotion procedures;
(d) the establishment of the office including its level of grading, qualification and remuneration shall not disadvantage similar offices in the county public service or occasion unfair competition for staff among county public bodies;
(e) the establishment of the office shall not confer unfair advantage to a group of or individual serving public officers;
(f) the county government entity has prudently utilized offices previously provided in its establishment; and
(g) funding for the office to be established is duly provided for.
(2) In determining the provision of funding under subsection (1)(g), the County Public Service Board shall take due regard to the need to limit the component of personnel emoluments to a level that does not adversely affect other budgetary provisions in the recurrent vote.
(3) A written request for establishment of an office complying with the conditions in this section shall be submitted to the Board by the concerned head of department.
(4) In deciding whether or not to establish a public office, the County Public
Service Board shall take into account—
(a) the overall workload in the county public service concerned; and
(b) the suitability of that department but not any other to be the domicile of the public office to be established.

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Disclaimer: This document is not to be taken as legal advise.

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