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 or capable of discharging the duties of the office which the county government is requested to abolish;
(c) the abolition of the office in view of its level is necessary so as to—
(i) eliminate unfair competition for staff among county public service departments; and
(ii) to promote parity of treatment among officers of similar qualifications holding public offices with the same responsibilities;
(d) the abolition of the office shall not confer unfair advantage to a group of, or individual public officer; or
(e) the county government or office has been reorganized or abolished.
(2) Any decision by the County Public Service Board to abolish an office in thecounty public service shall be subject to the due process of removing or retiring the affected public officer including adherence to the principles of natural justice, unless the affected public officer has been re-deployed to another office.
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- Section 62 - 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...
- Section 63 - 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...
- Section 64 - 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...
- Section 65 - 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...
- Section 66 - 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...
- Section 67 - 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 - 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...
- Section 69 - 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...
- Section 70 - 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...
- Section 71 - 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...
- Section 72 - 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...
- Section 73 - 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...
- Section 74 - 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 - 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...
- Section 76 - 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...
- Section 77 - Appeals to the Public Service Commission
(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...
- Section 78 - Resignation, retirement, etc.
(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...
- Section 79 - Grounds for retirement
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...
- Section 80 - Prescription of retirement on age
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.
- Section 81 - Retirement on the ground of ill health
(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...
- Section 82 - Retirement on grounds of abolition of office
(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...
- Section 83 - Retirement on grounds of public interest
(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...
- Section 84 - Retirement pursuant to agreement or special retirement scheme
(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;...
- Section 85 - Entitlement to apply for review
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...
- Section 86 - Delegation by County Public Service Board
(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,...
- Section 87 - Principles of citizen participation in counties
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...
- Section 88 - Citizens right to petition and challenge
(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...
- Section 89 - Duty to respond to citizens’ petitions or challenges
County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens.
- Section 90 - Matters subject to local referenda
(1) A county government may conduct a local referendum on among other local issues—
(a) county laws and petitions; or
(b) planning and investment decisions affecting the county for which a petition...
- Section 91 - Establishment of modalities and platforms for citizen participation
The county government shall facilitate the establishment of structures for citizen participation including—
(a) information communication technology based platforms;
(b) town hall...
- Section 91A - Establishment of County Development Boards
(1) There is established, for each county, a board to be known as the County Development Board, consisting of the following persons—
(a) the member of the Senate for the county elected under Article...
- Section 91B - Operational expenses
The operational expenses in respect of the County Development Board shall be provided for in the annual estimates of the revenue and expenditure of the respective county government.
- Section 91C - Offence of obstructing or hindering the County Development Board
Any person who knowingly and unlawfully obstructs, hinders, undermines or prevents the County Development Board from discharging its functions under this Act commits an offence and is liable, on...
- Section 92 - Part to apply to decentralized units
(1) The provisions of this Part shall apply with necessary modifications to all decentralized units of the county.
(2) The governor shall submit an annual report to the county assembly on citizen...
- Section 93 - Principles of public communication
Public communication and access to information shall be based on the following principles—
(a) integration of communication in all development activities;
(b) observation of access to information by...
- Section 94 - Objectives of county communication
A County government shall use the media to—
(a) create awareness on devolution and governance;
(b) promote citizens understanding for purposes of peace and national cohesion;
(c) undertake advocacy...
- Section 95 - County communication framework
(1) A County government shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest public outreach in the county, which may...
- Section 96 - Access to information
(1) Every Kenyan citizen shall on request have access to information held by any county government or any unit or department thereof or any other State organ in accordance with Article 35 of the...
- Section 97 - Inclusion and integration of minorities and marginalized groups
A county government, public and private organisation and private individual, shall observe the following principles—
(a) protection of marginalized and minority groups from discrimination and from...
- Section 98 - Principles of civic education
(1) The principles of civic education are intended to promote—
(a) empowerment and enlightenment of citizens and government; (b) continual and systemic engagement of citizens and government;...
- Section 99 - Purpose and objectives of civic education
(1) The purpose of civic education under this Act is to have an informed citizenry that actively participates in governance affairs of the society on the basis of enhanced knowledge, understanding and...
- Section 100 - Design and implementation of civic education
(1) Subject to subsection (2), each county shall implement an appropriate civic education programme and establish a civic education unit in this regard.
(2) For purposes of subsection (1), there...
- Section 101 - Institutional framework for civic education
Subject to section 100, County legislation shall provide the requisite institutional framework for purposes of facilitating and implementing civic education programmes under this Part.
- Section 102 - Principles of planning and development facilitation
The principles of planning and development facilitation in a county shall—
(a) integrate national values in all processes and concepts;
(b) protect the right to self-fulfilment within the county...
- Section 103 - Objectives of county planning
The objectives of county planning shall be to—
(a) ensure harmony between national, county and sub-county spatial planning requirements;
(b) facilitate the development of a well-balanced system of...
- Section 104 - Obligation to plan by the county
(1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county...
- Section 105 - Planning in the county
(1) A county planning unit shall be responsible for—
(a) coordinating integrated development planning within the county;
(b) ensuring integrated planning within the county;
(c) ensuring linkages...
- Section 106 - Integrating national and county planning
(1) Cooperation in planning shall be undertaken in the context of the law governing inter-governmental relations.
(2) County plans shall be based on the functions of the county governments as...
- Section 107 - Types and purposes of county plans
(1) To guide, harmonize and facilitate development within each county there shall be the following plans—
(a) county integrated development plan;
(b) county sectoral plans;
(c) county spatial plan;...
- Section 108 - County integrated development plan
(1) There shall be a five year county integrated development plan for each county which shall have—
(a) clear goals and objectives;
(b) an implementation plan with clear outcomes; (c) provisions for...