This section summarises key provisions for information only and is not legal advice. The official texts published by the National Council for Law Reporting (kenyalaw.org) prevail.
| Article | Subject | Relevance to the county public service |
|---|---|---|
| Art. 1 and 6(2) | Sovereignty; devolution and access to services | Governments at national and county levels are distinct and interdependent and must conduct relations through consultation and cooperation: the constitutional foundation of consultative forums. |
| Art. 10 | National values and principles of governance | Binding on all public officers: patriotism, national unity, sharing and devolution of power, rule of law, democracy and participation of the people; human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; good governance, integrity, transparency and accountability; and sustainable development. |
| Art. 27 | Equality and freedom from discrimination | Prohibits discrimination; requires measures so that not more than two-thirds of members of elective or appointive bodies are of the same gender. |
| Art. 35 | Access to information | Citizens' right to information held by the State; applies to Boards (see the Access to Information Act, 2016). |
| Art. 41 | Labour relations | Rights to fair labour practices, reasonable working conditions and to join trade unions. |
| Art. 47 | Fair administrative action | Administrative action must be expeditious, efficient, lawful, reasonable and procedurally fair, with written reasons where rights are adversely affected: central to recruitment and discipline. |
| Art. 54 and 56 | Persons with disabilities; minorities and marginalised groups | Progressive realisation of at least 5% of appointive positions for persons with disabilities; affirmative action for minorities and marginalised groups in employment. |
| Chapter Six (Arts. 73 to 80) | Leadership and integrity | Standards of conduct for state officers; selection on the basis of personal integrity, competence and suitability. |
| Art. 174 and 176 | Objects of devolution; county governments | Establishes county governments and the purposes devolution must serve, including equitable sharing of resources and services closer to the people. |
| Art. 189 | Cooperation between national and county governments | Duty to cooperate, consult and liaise, and to set up joint committees and authorities. |
| Art. 230 | Salaries and Remuneration Commission | SRC sets and regularly reviews remuneration of state officers and advises on remuneration of all public officers, including county officers. |
| Art. 232 | Values and principles of public service | Applies to public service in all State organs at both levels of government (full text below). |
| Art. 234(2)(i) | Functions of the Public Service Commission | PSC hears and determines appeals in respect of county governments' public service. |
| Art. 235 | Staffing of county governments | County responsibility for establishing offices, appointments and discipline within uniform national norms and standards (full text below). |
| Art. 236 | Protection of public officers | A public officer shall not be victimised or discriminated against for performing functions in accordance with the law, nor dismissed, removed or demoted without due process. |
Article 232: Values and principles of public service
232. (1) The values and principles of public service include: (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; (c) responsive, prompt, effective, impartial and equitable provision of services; (d) involvement of the people in the process of policy making; (e) accountability for administrative acts; (f) transparency and provision to the public of timely, accurate information; (g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions; (h) representation of Kenya's diverse communities; and (i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of (i) men and women; (ii) the members of all ethnic groups; and (iii) persons with disabilities.
Article 235: Staffing of county governments
235. (1) A county government is responsible, within a framework of uniform norms and standards prescribed by an Act of Parliament, for: (a) establishing and abolishing offices in its public service; (b) appointing persons to hold or act in those offices, and confirming appointments; and (c) exercising disciplinary control over and removing persons holding or acting in those offices. (2) Clause (1) shall not apply to any office or position subject to the Teachers Service Commission.