In Summary
· Wamaya, who joined the board in June 2022, and his counterpart, Osman G Yusuf, will continue serving for another two years.
As it stands, the Nairobi County Public Service Board cannot perform its mandate of managing human resource issues as stipulated in Section 59.
The Nairobi County Public Service Board is legally incapacitated following the completion of the six-year terms of its chairman, Thomas Mweu Kasoa, and board member Jack B Owino.
Kasoa and Owino have served on the board for six years, with the two exiting to give way for the recruitment of new board members.
Mr Robert Wamaya, who joined the board in June 2022, and his counterpart, Osman G Yusuf, will continue serving for another two years.
As it stands, the Nairobi County Public Service Board cannot perform its mandate of managing human resource issues as stipulated in Section 59 of the County Governments Act, 2012, until it is properly and lawfully constituted.
Legal Impact
The board can only handle administrative matters through its secretariat, but this does not include making decisions on behalf of the board.
Section 58(b) states that the board members shall not be fewer than three or more than five members.
‘‘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 nominate 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 recruitment process to fill the vacant positions by forwarding nominees to the recruitment panel to the Assembly.
It means, therefore, that until the board is properly constituted, it remains legally incapacitated and cannot transact its business.
