The Ethics and Anti-Corruption Commission (EACC) has issued a stern warning to County Governors across Kenya regarding the rampant and unlawful employment of excessive personnel within their offices.
The commission's advisory, communicated in a letter dated August 31, 2023, highlights the need for adherence to established guidelines and regulations governing staff recruitment in the offices of County Governors.
The Leadership and Integrity Act (LIA) 2012, Section 4, empowers the Commission to oversee and enforce the implementation of the LIA, ensuring that State and Public Officers uphold the highest standards of integrity and ethical conduct while executing their public duties.
Furthermore, the Commission, as stipulated in Section 11 of the Ethics and Anti-Corruption Commission Act of 2011, possesses the authority to provide advisory services and collaborate with other state and public offices in establishing and promoting standards and best practices in the domains of integrity and anti-corruption.
The advisory issued by the EACC underscores a concerning trend in several Counties where the prescribed guidelines for recruiting staff within the Executive Office of the Governor are blatantly disregarded.
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Specifically, the relevant Circulars, issued previously by the Transition Authority and the Salaries and Remuneration Commission, specify that the Governor's office should employ a limited number of officers, each with clearly defined terms and conditions of service. These officers include:
Chief of Staff;
Economic Advisor;
Political Advisor;
Legal Advisor;
Director, Governor's Press Service; and
Support staff, comprising Personal Assistants, Personal Secretaries, Cooks, Drivers, Messengers, and Gardeners.
The law further dictates that the recruitment for these positions should only proceed with the approval and concurrence of the respective County Public Service Boards.
However, the commission said it has come to its attention that certain Governors are persistently flouting these requirements.
"It has come to the attention of the Commission that, in some Counties, there is fragrant breach of the existing guidelines on recruitment of staff for the Executive Office of the Governor," EACC said.
They are not only engaging in irregular and unlawful recruitment practices, exceeding the established staff limits by creating additional positions but are also sidestepping the involvement of the respective County Public Service Boards, as mandated by section 59 of the County Governments Act, 2012.
"However, it has been established that some Governors continue to flout these requirements, whereby they not only irregularly and illegally recruit staff far exceeding the established limit by creating additional offices; but also do so without the involvement of the respective County Public Service Board as required under section 59 of the County Governments Act, 2012," the commission said.
The Commission's advisory serves as a cautionary measure, requiring Governors in the affected Counties to rectify these violations, ensuring compliance with the law and guidelines.
The advisory further reminds Governors that any losses, unauthorized expenditures, or over-expenditures of government revenue and resources attributable to the recruitment of excessive staff will result in personal liability for the Governor concerned.
"The Commission wishes to remind Governors who may have or intend to recruit staff in violation of the law and guidelines that they shall be held personally liable for any loss, unauthorized expenditure, or over-expenditure of government revenue and other resources occasioned by recruitment of such excess staff in their respective Counties," EACC warned.
In light of these developments, the EACC is taking a strong stance against the flagrant disregard for established recruitment guidelines, underscoring the need for transparency and accountability in public office staffing.
Failure to heed this advisory could have severe consequences for those found culpable.
The EACC's advisory aims to promote the highest standards of ethical conduct and integrity within the offices of County Governors, ultimately upholding the principles of good governance and accountability that are vital to the well-being of Kenya's public institutions and its citizens.
