ADVOKS GLOBAL · KENYA
County Governments Act
68A. Promotion of equity by the county public service boards
Edition: 2022-12-31 · In force
68A. Promotion of equity by the county public service boards
(1)Each county public service board shall promote equal opportunity in the county public service and shall establish and implement strategies for the elimination of any form of discrimination on the basis of ethnicity, gender, religion, health, marital status or disability.(2)It shall not be unfair discrimination to—(a)implement affirmative action measures consistent with the purpose of this Act; and(b)distinguish, exclude or prefer any person on the basis of an inherent requirement of a particular office in the county public service.(3)In implementing the provisions of subsection (1), the county public service board shall—(a)take measures to ensure that diversity is maintained in the county public service;(b)implement strategies that result in the granting of a fair opportunity to all persons applying to serve in the county public service and the elimination of ethnicity within the county public service;(c)identify and eliminate employment barriers against persons who do not belong to the dominant ethnic group within the county or marginalized persons that result from systems of employment, policies or practices which are not authorized by law; and(d)afford an equal opportunity to all persons, including marginalized groups in the county, in the appointment process to an office in the county public service.(4)In meeting the requirements under subsection (1), the county public service board shall not—(a)take measures whose implementation would cause undue hardship on the county public service board;(b)appoint or promote persons who do not meet the qualifications or requirements of an office;(c)deviate from the provisions of Article 232 of the Constitution; or(d)create new offices or positions in the county public service.