Commission on Administrative of Justice,
West End Towers, 2nd Floor, Waiyaki Way,
P. O. Box 20414-00200,
RE: COMPLAINT AGAINST ISIOLO COUNTY GOVERNMENT ON UNLAWFUL SUSPENSION OF RECRUITMENT EXERCISE IN THE DEPARTMENT OF FINANCE & ECONOMIC PLANNING BY ISIOLO COUNTY PUBLIC SERVICE BOARD.
Pursuant to the provision of Article (59), (h-k) of the Constitution and Section 8 (a-c) of the Act empowers the Commission on Administrative of Justice to investigate any conduct in state of affairs or any act or omission in public administration in any spheres of Government in regards to abuse of power, unfair, treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct.
On that note, I wish to register gross violation of the law brazenly committed by the Executive wing of Isiolo County government to your esteemed institution for quick intervention so that normalcy and sanity is restored in the operations of Isiolo County government. As things stand currently delivery of services has been deliberately crippled and hampered by the Executive organ of the Isiolo County government.
The following is the chronology of dramatic and bizarre events met on the of Isiolo County by the current regime;
(a) That Transition Authority established by an Act of Parliament; Transition to Devolved Government 2012. The Authority shall facilitate and co-ordinate the transition to the devolved system of government as provided under section 15 of the Sixth Schedule to the Constitution and facilitate the analysis and the phased transfer of the functions provided under the Fourth Schedule to the Constitution to the national and county governments. The Transition Authority recalled some key Staffs in Finance and Economic planning who have been on secondment to the Isiolo County government so that the County Government can employ their own staff;
(b) The County Secretary requested the County Public Service Board to fill some of the vacant positions in an acting capacity pending official recruitment within a period of six months;
(c) The County Public Service Board granted to the request of the County Secretary.
(d) The Board expeditiously communicated to Chief Officer of Finance to ask the availability of funds and the said positions;
(e) In a rejoinder to the communiqué by the Board, the Chief Officer categorically confirmed that funds and positions are available;
(f) The Ad hoc committee of the County Assembly halted the process for sometime pending investigations so that the report of the Committee will be considered after it is tabled in the plenary of the Assembly;
(g) The Ad hoc committee of the County Assembly after thorough inquiry of the request made by the County Executive Committee tabled a report on the floor of the Assembly and recommended that the positions in the Finance, Lands & Water department be recruited with immediate effect considering strict financial austerity measures and budgetary ceilings;
(h) When the six months requested by the County Secretary elapsed, the County Public Service duly advertised for Eleven Positions in the Finance, Lands and Water departments on 22nd August 2016 in the “Daily Nation Newspaper”;
(i) The Advert was sponsored by Lands Department;
(j) The County Public Service Board did the long & short listing of the applicants on 16th September 2016 with due diligence;
(k) After the short listing of the applicants was made public by the Board, the County Secretary on 19th September 2016 wrote a letter vide Ref; ICG/CS/52/109 to the Board calling for the suspension of the recruitment exercise citing some mundane reasons which formed the backbone of some of the rationale that made EACC and Office of the Director Public Prosecution in 2015 which recommended the County Secretary to be investigated;
1. Over allegations of manipulation of the County’s payroll which led to embezzlement of funds.
2. Irregular nomination, appointment and promotion of certain people to the public office.
The following are some of the reasons that County Secretary put forth;
(i) A comprehensive human resource audit to weed out ghost workers and admission of report to the County Executive for deliberations.
(ii) Approval of organogram and authorization of optimal staff establishment.
(iii) Availability of funds
(iv) Development of annual recruitment plans by each Department which must be approved by County Executive.
This was absolutely ironical and shocking when the County Secretary made such farfetched, coined and baseless allegations.
(l) The Board responded to the letter by the County Secretary on 20th September 2016 indicating the earlier reasons given out by the Chief Officer for Finance on the availability of funds and positions. The Board decided to proceed with the recruitment exercise.
(m) On 23th September, 2016 the Chief Officer for Finance and Lands wrote a letter the Board vide Ref: ICG/FIN/VOL. 1/10 calling for the suspension of the recruitment exercise buttressing shallow reasons put forward by the County Secretary whilst the recruitment process has already been initiated.
(n) The Board duly conducted the interview successfully and issued letters of appointment to all the 11 successful applicants to start working by 10th of October, 2016. On 6th of October,2016 the Deputy Governor acknowledged the deployment of the officers pursuant to the provision of the Article 179 (5) in the absence of the Gov Strange as it is, the appointed officers were blocked from accessing their respective offices following “orders from above” in a Gestapo-style tactics.
(o) The County Secretary filed a case against the County Public Service Board in Nairobi High Court where the court declined and referred the file to Meru High Court. The County Secretary went back to Nairobi High Court presided over a different judge and got a stay order. The court granted him 21 days stay order against the recruitment exercise by the Board. The County Secretary sued the Board for performing their functions according to the laid down law.
(p) Strangely the County Secretary wrote a petition to the Public Service Commission of Kenya and gave false information that the Isiolo County Service Board carried out recruitment exercise devoid of ethnic and tribal balance. The positions they indicated were; Chief Finance Officer, Head of Treasury and Head of Procurement and Supply Chains while concealing the other 8 positions. This was not the true positions owing to the fact that County Executive had different individuals in mind for those respective from the onset.
(q) The Board embarked on due diligence to scrutinize the papers of the current head of supply chain who was fraudulently appointed by the County Secretary vide Ref: ISL/CG/GEN/VOL. II/1/135 on 5th of February, 2015. The appointment should have ideally be done by the Board. Pursuant to section 74 of the County Government Act 2012, the Board revoked the appointment of the head of Supply Chain Management vide the letter Ref: ICSPB/HR/ACTING APPT/VOL. 1/14 issued on 10th October, 2016.
(r) The Board carried out investigation on the authenticity of the papers of Mr. Isaya Kobia by writing to Kenya National Examinations Council vide Ref: ICSPB/HR/DISC/VOL.1/22 and Kenya Institute of Management vide Ref: ICSPB/HR/DISC/VOL.1/23 on 17th October, 2016 pursuant to section 57 of the County Government Act 2012.
(s) On 21st of October, 2016 Kenya National Examinations Council responded vide Ref: KNEC/CONF/R; QA/ARCH/22/16/519 that they do not have such person in their records and data base. On 18th of October, 2016 Kenya Institute of Management confirmed that those papers are not genuine and valid therefore, the said Isaya Kobia has never been their student. Consequently, the papers were found to be fake and without any benefit of doubt this is a criminal offence contrary to section 349 of the penal code.
(t) A letter was wrote to the Director IFMIS to urgently give the new officers access to the IFMIS system to allow them to discharge their duties but seemingly the said IFMIS Director has connived with County Government to retain the IFMIS password who is no longer a substantive appointee of the Head of Supply Chain Management. Therefore, IFMIS Director need to be investigated by relevant security organs of government such unbecoming behavior. For fear of forgetting, the fund for the employment of these officers has been factored in the budgetary allocation of 2016/2017 Financial year.
They say in human intercourse the tragedy begins, not when there is misunderstanding about words, but when silence is not understood. Isiolo County Public Service Board have been conducting their cardinal duties beyond reproach in accordance with the laid down laws of the land save for the intermittent bottlenecks orchestrated by the dark forces hellbent on frustrating the ideal work ethics of the County Public Service Board which is composed of men of unparalleled standings. The Board duly advertised for various positions and ultimately shortlisted the best from the applicants. Before we dissect the crux of the matter, the County Public Service Board is established in Section 57 and 58 of the County Government Act 2012 which was amended in 2015. The County Public Service Board (CPSB) is charged with the responsibility of developing and implementing human resource policies and framework for the County Government in line with the relevant laws.
Functions of the County Public Servce are set out in Section 59(1) of the County Government Act
a) Establish and abolish offices in the county public service;
b) Appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within the county and to confirm appointments;
c) Exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part;
d) Prepare regular reports for submission to the county assembly on the execution of the functions of the Board;
e) Promote in the county public service the values and principles referred to in Articles 10 and 232;
f) Evaluate and report to the county assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the county public service
g) Facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties;
h) Advise the county government on human resource management and development;
i) Advise county government on implementation and monitoring of the national performance management system in counties;
j) Make recommendations to the Salaries and Remuneration Commission, on behalf of the county government, on the remuneration, pensions and gratuities for county public service employees.
In selecting candidates for appointment, the County Public Service Board is expected to consider;
(i) The standards, values and principles set out in Articles 10 (values and principles of governance, 27 (4) (freedom from discrimination) 56 (c) (Minorities and marginalized groups are provided special opportunities for access to employment (and 232 (1) (values and principles of public service) of the Constitution.
(ii) The prescribed qualifications for holding or acting in the office.
(iii) The experience and achievements attained by the candidate.
(iv) The conduct of the candidate in view of any relevant code of conduct, ethics and integrity.
(v) The need to ensure that at least thirty (30) percent of the vacant posts at entry level are filled by candidates who are not from the dominant ethnic community in the county.
(vi)The need for open and transparent recruitment of public servants.
(vii) Individual performance.
The County Executive Committee has the responsibility to design a performance management plan to evaluate the performance of the county public service and the implementation of county policies. County sectoral plans are to be used as the basis for performance Management and the County Public Service Board is to advice the County Government on implementation and monitoring of the national performance management system in counties.
The Governor is required by law to submit the annual performance reports of the County Executive Committee and public service to the county assembly for consideration. The performance management plan and reports are public documents and should be easily accessible to the citizens.
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 applicants as possible and especially persons who for any reason have been or may be disadvantaged.
We are unable to tooth comb matters pertaining to suspension of recruitment exercise by the members of the Executive organ of the organ which does not fall within their purview because it is not anchored in law.
They say democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation. The bedrock of our democracy is the rule of law and that means we have to have an independent Board and members who can make decisions independent of the political winds that are blowing.
When freedom does not have a purpose, when it does not wish to know anything about the rule of law engraved in the hearts of men and women, when it does not listen to the voice of conscience, it turns against humanity and society. We are tired of this unending ruckus and circus starring executive wing of the County Government.
Mediocrity has replaced merit and as Macbeth once said “we have eaten on the insane root that takes the reasons, prisoners of concience albeit in a different context “.
It is my prayer that your respected institutions will take up this matter expeditiously.
Attached are copies of correspondences
The Chief Executive Officer,
Ethics and Anti-Corruption Commission,
Milimani/Valley Road Junction,
P. O. Box 305450-00100,
Tel 020-2717318, 020-310722,
Hotlines 020 2717468 / 0727-285663 / 0733-520641,
The Chief Executive Officer,
Kenya National Commission on Human Rights,
Ist Floor, CVS Plaza, Lenana Road,
P.O Box 74359-00200,
Phone: +254 20 2717900/020-2717908/073380000/0724256448
The Chief Executive Officer,
Kenya Human Rights Commission,
Gitanga Road opp. Valley Arcade Shopping Center,
P.O Box 41079-00100,
Phone +254-20 2044545 +254 20 2106763,
Mobile +254-722-264497 +254-733-629034
The Chief Executive Officer,
National Cohesion and Integration Commission,
KMA Center, 6th Floor, Mara Rd, Upper hill,
P. O. Box 7055-00100,
The Chief Executive Officer,
The Public Procurement Oversight Authority,
10th Floor, National Bank of Kenya Building, Harambee Avenue,
P.O. Box 58535-00200,
The Executive Director,
Transparency International Kenya,
3rd Floor, ACK, Garden House, Wing D,
1st Ngong Avenue off Bishop Road,
P.O Box 198-0200,
Tel: 020-270324/5, 227763/5