Garissa County has renewed focus on the Board’s legal mandate and its role in overseeing county hiring.
At the centre of county government employment in Garissa is an institution many residents rarely hear about but whose decisions affect thousands of public servants: the Garissa County Public Service Board.
Established under Article 235 of the Constitution and Sections 57, 58 and 59 of the County Governments Act, the Board is the legally mandated body responsible for managing human resources in the county public service.
Unlike the Governor’s office or the County Assembly, the Board is designed to operate independently, with responsibility for ensuring recruitment into the county public service is conducted in accordance with the law.
Its statutory mandate includes establishing offices in the county public service, advertising vacancies, recruiting and appointing public officers, confirming appointments, promoting staff and exercising disciplinary control over county employees.
The legal framework reflects a broader constitutional objective of protecting public service from political interference while promoting merit, transparency, fairness and equal opportunity in public employment.
The Board serves as the gatekeeper of county recruitment, ensuring appointments are made through competitive processes rather than political patronage.
“The Constitution deliberately separated employment decisions from political offices by vesting those powers in an independent County Public Service Board,” constitutional lawyer and governance analyst Abdikarim Dhadho said.
Kenyan courts have repeatedly reinforced that position.
The Employment and Labour Relations Court has held that the recruitment and appointment of county public officers are statutory functions of County Public Service Boards and should ordinarily be exercised by other county organs except where the law expressly provides.
The high court has also emphasised that recruitment undertaken outside the statutory framework may be subject to judicial review and, where found unlawful, may be nullified.
Although counties have constitutional authority to establish and manage their public service, that authority is exercised through the County Public Service Board rather than individual political offices.
Governance expert Mohamed Ali argues that preserving the Board’s independence is essential to maintaining public confidence in county institutions and ensuring qualified candidates have equal access to public employment.
For job seekers, the practical implication is that vacancies should be publicly advertised, applications assessed competitively and appointments made through procedures prescribed by law.
The County Public Service Board remains the cornerstone of county employment, with a constitutional duty to ensure recruitment is lawful, transparent and based on merit rather than political influence.
