Nairobi County Public Service Board Unable to Recruit as Kasoa, Owino Terms End

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In Summary

  • Wamaya, who joined the board in June 2022, and his counterpart Osman G. Yusuf will continue serving for another two years.
  • With only two members remaining, the Nairobi County Public Service Board faces questions over its legal capacity to perform its mandate of managing human resource matters as stipulated under Section 59 of the County Governments Act, 2012.

The Nairobi County Public Service Board is facing a legal and operational crisis following the expiry of the six-year terms of its chairman, Thomas Mweu Kasoa, and board member Jack B. Owino.

Mr. Robert Wamaya, who joined the board in June 2022, and his counterpart, Osman G. Yusuf, will continue serving for another two years.

With only two members remaining, the board faces uncertainty over its capacity to lawfully discharge its mandate of managing human resource matters as provided for under Section 59 of the County Governments Act, 2012, pending its proper reconstitution.

Legal Impact

The board’s secretariat can continue handling administrative matters, but its authority to make decisions on behalf of the board remains a legal concern.

Section 58(b) provides for the composition of the County Public Service Board, including a chairperson and other members appointed by the governor with the approval of the county assembly.

‘‘The County Public Service Board shall comprise— chairperson nominated and appointed by the county governor with the approval of the county assembly; not less than three but not more than five other members nominated and appointed by the county governor, with the approval of the county assembly; and a certified public secretary of good professional standing nominated and appointed by the governor, with the approval of the county assembly, who shall be the secretary to the board,’’ Section 58 reads.

Recruitment Process

Meanwhile, Governor Johnson Sakaja has commenced the process of filling the vacant positions by forwarding nominees to the county assembly for the recruitment panel.

Until the recruitment and appointment process is completed and the board is lawfully constituted, questions will persist over its ability to transact business and exercise its statutory mandate.

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