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Section 77 of County Governments Act: 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 may appeal to the Public Service Commission (in this Part referred to as the “Commission”) against the decision.
(2) The Commission shall entertain appeals on any decision relating toemployment of a person in a county government including a decision in respect of—
(a) recruitment, selection, appointment and qualifications attached to any office;
(b) remuneration and terms and conditions of service;
(c) disciplinary control;
(d) national values and principles of governance, under Article 10, and values and principles of public service under Article 232 of the Constitution;
(e) retirement and other removal from service;
(f) pension benefits, gratuity and any other terminal benefits; or
(g) any other decision the Commission considers to fall within its constitutional competence to hear and determine on appeal in that regard.
(3) An appeal under subsection (1) shall be in writing and made within ninetydays after the date of the decision, but the Commission may entertain an appeal later if, in the opinion of the Commission, the circumstances warrant it.
(4) The Commission shall not entertain an appeal more than once in respectto the same decision.
(5) Any person dissatisfied or affected by a decision made by the Commissionon appeal in a decision made in a disciplinary case may apply for review and the Commission may admit the application if—
(a) the Commission is satisfied that there appear in the application new and material facts which might have affected its earlier decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given; or
(b) there is an error apparent on record of either decision.
(6) An application for review under subsection (5) shall be in writing and madewithin the time prescribed by the Commission in regulations governing disciplinary proceedings, but the commission may entertain an application for review later if, in the opinion of the Commission, the circumstances warrant it.

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

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