1. R ECRUITMENTS APPOINTMENTS AND SECONDMENT OF PUBLIC OFFICERS Presented by Selina A. Iseme Deputy Chief Commission Counsel Public Service Commission

2. S ESSION OBJECTIVES This session aims to equip the participants with knowledge on the legal framework governing recruitment, appointments and secondment and management of conflict of interest.

3. PRESENTATION OUTLINE Introduction Legal framework on recruitment appointments and secondment; Management of conflict of interest Conclusion

4. INTRODUCTION The Constitution of Kenya ushered in a new era. In introduced two levels of government, the national and county governments. Some of the functions previously performed by the central government and the then local authorities were devolved to the county governments in terms of the 4 th schedule of the constitution. To ensure that service delivery was not disrupted the laws enacted to give effect to devolution provide that the officers who were performing the devolved functions be deemed as seconded to the counties( CGA 138 and UA&CA

5. I NTRODUCTION CONT … Notwithstanding the secondment of public officers previously performing the functions to the counties the Constitution under Article 235 empowers the county government within a framework of uniform norms and standards prescribed by an Act of Parliament to appoint own staff.Article 235

6. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS The Constitution The Constitution prescribes the standards to be met when appointments in the public service are made. Article 27(4) Article 27(4) requires that no person should be discriminated on any ground including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. Article 27(8) Article 27(8) prescribes the two third gender rule and allows adoption of affirmative action to redress historical injustices. Article 54(2) requires that at least 5% of the appointments made should comprise persons with disabilities although this is to be realized progressively.

7. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS CONT … Article 55 requires that the youth be given special opportunities for appointments. Article 56(c) allows for adoption of affirmative action measures to afford minorities and members of marginalized groups opportunities for appointment. Article 232(g) requires that subject to ensuring that the public service is representative of the diverse Kenyan communities and affording adequate and equal opportunity for appointment, training and advancement is afforded to men and women, members of all ethnic communities and persons with disabilities, fair competition and merit shall form the basis of appointments in the public service. Article 232(g)

8. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS CONT … The Public Service (Values and Principles) Act,2015. o This Act, which was assented to in May 2015 gives effect to Article 232 of the Constitution. o With regard to appointments Section 10(2) of the Act provides that although fair competition and merit is the basis of appointments in the public service, a public institution need not strictly rely on competition if-Section 10(2) a community in Kenya is not adequately represented in appointments to or promotions in the public service; the balance of gender in a public institution is biased towards one gender; an ethnic community is disproportionately represented in a public institution; or persons with disabilities are not adequately represented in the public service.( section 10)

9. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS CONT … The County Government Act 2012 The County government Act empowers the Governor The County Assembly Boards (CASB) The County Public Service Boards(CPSB) to make appointments. However the governor only appoints with the approval of the County Assembly county executives. He also nominates and with the approval of the County Assembly a competitively recruited secretary to the county, chief officers recommended by the County Public Service Board. As regards personal staff the governor has a leeway.

10. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS CONT … The principles governing appointments which are prescribed in the CGA include Ensuring representativeness ( men women, youth, persons with disabilities and the minorities and the marginalized within the county) Observance of the two third gender rule. The appointments must be in writing. In order to achieve the requirements the CGA requires that the advertisements regarding the job vacancies should be made in such a manner that it reaches the widest pool of potential applicants. A record of all applicants must be maintained and on demand can be inspected.

11. L EGAL FRAMEWORK GOVERNING RECRUITMENTS AND APPOINTMENTS CONT … Both arms of government have a role in ensuring that that the principles are met. The governor and the CPSB in making the appointments have to ensure that the appointments comply with the requirements. The County Assembly in approving the names forwarded to it by the governor and in considering the report presented by the CPSB.

12. M ANAGING POLITICS AND CONFLICT OF INTEREST Chapter Six of the Constitution. Guiding values on leadership and integrity Selection on the basis of personal integrity, competence and suitability, or election in free and fair election Objectivity and impartiality in decision making Ensuring that decisions are not influenced by nepotism, favouritism, improper motives or corrupt practices Putting public interest before self Accountability to the public for decisions and actions Discipline and commitment in service to the people

13. MANAGING POLITICS AND CONFLICT OF INTEREST Politics and conflict of interest can only be managed by adherence to the laws, regulations, policies and guidelines. Matters relating to managing politics and conflict of interest are regulated in two acts; the Public Officer Ethics Act 2003(POEA) and the Leadership And Integrity Act 2012 and the Public Service Values And Principles Act 2012Public Officer Ethics Act 2003(POEA)Public Service Values And Principles Act 2012 POEA prescribes a general code of conduct for public officers and the specific sections that address management of politics and conflict of interest are 9—Professionalism. 10—Rule of law. 12—Conflict of interest. 16—Political neutrality. 17—Nepotism, etc

14. MANAGING POLITICS AND CONFLICT OF INTEREST The Leadership and Integrity Act 2012. The Leadership And Integrity Act prescribes a general code which if adhered to would help manage politics and conflict of interest. Specific sections include 7. Rule of law. 8. Public trust. 9. Responsibility and duties. 10. Performance of duties. 11. Professionalism. 16. Conflict of interest.Conflict of interest 17. Participation in tenders. 22. Misuse of official information. 23. Political neutrality. 24. Impartiality.

15. C ONCLUSION There exists sufficient legislation to guide recruitment and appointment of public officers in a manner that will ensure representativeness of the public service at both levels of government. Equally there exists sufficient legislation on management of politics and conflict of interest. All that is required is for those charged with responsibility of appointing officers to abide by the letrer and spirit of the law.

16. THE END  THANK YOU