Senators Seek Law to Shield County Service Boards from Governors

by KenyaPolls

The Senate Committee on Devolution and Intergovernmental Relations is developing legislation to provide County Public Service Boards (CPSBs) with financial and legal independence.

In a Thursday, May 14 meeting with the National CPSB Forum, the committee emphasized the critical necessity for independence to protect the boards’ budgets from county executive interference.

“We must determine how these boards can secure their own budget to manage independently, functioning as separate entities. You serve as employers for county government public services, necessitating operation akin to the Public Service Commission,” said Mohamed Abbas, Wajir Senator and committee chair.

Representing 329 members from nine regions across all 47 counties, the forum noted that while legislation grants CPSBs independence, resources continue to flow through county executives.

This reliance on county executives has led to budget cuts during supplementary allocations, impacting performance management and staff development programs.

Moreover, senators expressed alarm over the emergence of parallel county governments, where advisors and temporary staff are hired without CPSB supervision.

“In certain counties, as much as 98 percent of staff belong to a single community. How should we address this issue? Recruitment and promotions must adhere to constitutional requirements regarding dominant and minority communities,” stated Marsabit Senator Mohamed Chute.

The committee requested the CPSB forum to provide written recommendations for amending the County Government Act to ensure financial and legal autonomy.

The County Government Act (2012) designates County Public Service Boards (CPSBs) as independent entities handling recruitment, staffing, and human resource management within county governments. Their function is to ensure professional employment practices free from political influence.

Despite being intended to operate independently, CPSBs receive funding from county budgets managed by the county executive and sanctioned by county assemblies.

Considering this, committee Vice Chair Senator Catherine Mumma encouraged the boards to fully exercise their authority, particularly in overseeing county staffing.

“County Public Service Boards should be capable of controlling the parallel governments we’ve established. You cannot assert independence while failing to utilize it for your designated responsibilities,” Mumma stated.

The push for greater autonomy emerges as CPSBs and governors dispute duty implementation, with each accusing the other of impeding their work. Disagreements also extend to financial control and staffing procedures.

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