Public Service Commission (County Appeals Procedures) Regulations, 2022

Section 8. Appeals Section 8(1) A person who is dissatisfied with a decision of a county government public service may appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") to the Commission against that decision. Section 8(2) A public officer who wishes to file an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") with the Commission shall do so after all internal processes of the county government public service have been exhausted.

Section 9. Commission may hear and determine appeals Section the recruitment, selection, appointment, promotion, redesignation, deployment and qualifications attached to any office;

Section 10. Filing appeals Section 10(1) A person shall file an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") against a decision of county public service with the Commission within ninety days after the making of the decision by the county public service. Section 10(2) Notwithstanding the provisions of subregulation (1), the Commission may, upon written request, allow a person to file an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") after the expiry of ninety days, if the Commission determines that the circumstances of the case warrant it. Section 10(3)(a) the name and date of birth of the public officer; Section 10(3)(a)(i) the name and date of birth of the public officer; Section 10(3)(a)(ii) name of the respondent ("a person against whom an appeal has been filed with the Commission") ; Section 10(3)(a)(iii) the public officer’s personal number; Section 10(3)(a)(iv) the public officer’s designation; Section 10(3)(a)(v) the public officer’s terms of service; Section 10(3)(a)(vi) the public officer’s job...

Section 11. Appeal to be served on therespondent Section 11(1) An appellant ("a person who appeals against decision of a county executive, member of a county executive committee, county public service board or county assembly service board;") shall serve the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") on the respondent ("a person against whom an appeal has been filed with the Commission") after filing the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") with the Commission. Section 11(2)(a) respond to the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") by filing with the Commission a replying affidavit or grounds of objection; Section 11(2)(b) attach to the replying affidavit any relevant records and documents regarding the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") including any proceedings; and Section 11(2)(c) serve the respo...

Section 12. Preliminary proceedings Section where there is insufficient information, require the appellant ("a person who appeals against decision of a county executive, member of a county executive committee, county public service board or county assembly service board;") or respondent ("a person against whom an appeal has been filed with the Commission") to provide additional information or documents in relation to the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") ;

Section 13. Interim applications Section 13(1) A party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") may, at any time after the filing of an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") with the Commission but before the final hearing and determination of the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") , apply in writing to the Commission for directions or orders before the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") is heard and determined by the Commission. Section 13(2) An application under this regulation shall be in writing and shall be served on the other party or parties within seven days after the application under subregulation (1). Section 13(3) A party served with an application under subregulation (2) shall file with the Commission and serve the applicant with a replying affidavit or grounds of objection w...

Section 14. Preliminary objections Section 14(1) A party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") filed under these Regulations may raise an objection on any point of law at any time before the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") is finally heard and determined by the Commission. Section 14(2)(a) be in writing; Section 14(2)(b) state the points of law and grounds for the preliminary objection; and Section 14(2)(c) be served on the other party or parties to the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") within seven days after being filed with the Commission. Section 14(3) A party served with an objection shall file a written response with the Commission within seven days after receipt of the objection. Section 14(4) Where the Commission determines that there is need for parties to file written submissions regarding a preliminary objection, the provisions of regulation 15(4) shall apply with th...

Section 15. Withdrawal of appeals or applications Section An appellant ("a person who appeals against decision of a county executive, member of a county executive committee, county public service board or county assembly service board;") or applicant may, by written notice to the Commission and respondent ("a person against whom an appeal has been filed with the Commission") , apply to the Commission to withdraw an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") or application filed under these Regulations.

Section 16. Consolidation of appeals Section The Commission may, on its own motion or on application by a party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") , consolidate two or more appeals filed under these Regulations on such terms as may be just in the circumstances.

Section 17. Test appeals Section 17(1) Where two or more persons have filed appeals against the same respondent ("a person against whom an appeal has been filed with the Commission") , the Commission may, on its own motion or application by any party to the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") , with written notice to the other party or parties, where it is satisfied that the issues to be determined in each appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") are similar, issue directions that one of the appeals be determined as the test appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") , and the other proceedings in respect of the other appeals shall be stayed until the test appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") is finally heard and determined. Section 17(2) The Commission’s decision of the test appeal ("an application to...

Section 18. Hearings Section 18(1) Pursuant to the provisions of section 12 of the Act, where the Commission establishes a Committee to hear an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") or an application, the quorum of the committee shall be two Commissioners and the recommendations of the committee shall be presented to the Commission for consideration and determination. Section 18(2)(a) hold hearings before determining an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") ; or Section 18(2)(b) receive and consider written submissions from parties to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") before determining the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") . Section 18(3) Where the Commission holds a hearing in respect of an appeal ("an application to the Commission against a decision of a county executive, county publ...

Section 19. Parties with special needs Section Where a party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") is a person with disability and requires special arrangements for purposes of a hearing, that party shall notify the Commission of that party’s requirements at least three days before the date of the hearing.

Section 20. Absence of parties Section adjourn the hearing to a another date, which date shall be notified to the parties in accordance with regulation 18; or

Section 21. Decisions of the Commission onappeal Section uphold the decision being challenged;

Section 22. Decision to be made after hearing or receipt of written submissions Section 22(1) The Commission shall, within thirty days after the conclusion of a hearing or after receiving written submissions in respect of an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") , make a decision on the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") . Section 22(2) Where a decision is not made within the period under subregulation (1), the Commission shall notify the parties to the appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") in writing of the delay and the reasons for the delay.

Section 23. Communication of decisions Section The Commission shall communicate its decision regarding an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") to the parties in writing within seven days after making the decision.

Section 24. Review of decisions Section 24(1) A person who is dissatisfied or affected by the Commission’s decision regarding an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") may apply in writing to the Commission for a review of that decision. Section 24(2)(a) the applicant presents new information that could not be presented at the time the decision was made by the Commission; or Section 24(2)(b) there is an error apparent on the record of the decision for which a review has been applied. Section 24(3) An application for review shall be made within six months from the date after the decision of the Commission for which a review has been applied. Section 24(4) The Commission may consider an application for review out of time if, in the opinion of the Commission, the circumstances warrant the consideration. Section 24(5) The applicant shall serve the respondent ("a person against whom an appeal has been filed with the Commission") with the application under subregulation (1) within seven days after filing the application with the Commission. Section 24(6) The respondent ("a person against whom...

Section 25. Communication of the decision on review Section The Commission shall communicate its decision to the parties within seven days after making a decision on the application for review.

Section 26. Filing ofpleadings Section 26(1) Each party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") shall file with the Commission its pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") by delivering five copies of the pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") to the Commission. Section 26(2) In addition to the copies of the pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") filed under subregulation (1), each party to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") shall electronically file its pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") through the Commission’s official email address. Section 26(3) Each party shall file its pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") with the Commission within the period prescribed by the...

Section 27. Service ofpleadingsand notices Section 27(1)(a) hand delivery; Section 27(1)(b) sending it to the last known address of the recipient by registered post or by courier service; Section 27(1)(c) email to the recipient’s last known email address; Section 27(1)(d) advertisement in a daily newspaper with nationwide circulation as may be approved by the Commission in writing; or Section 27(1)(e) Short Messages Services and Mobile Application Service as may be approved by the Commission in writing. Section 27(2) Pleadings or notices shall be deemed to have been delivered or served on the date they are received or stamped by the Commission or recipient as the case may be. Section 27(3) Where pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") or notices are delivered in person, the same shall be deemed to have been duly served if acknowledged by signing and dating and, where applicable, stamping. Section 27(4) Where pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") or notices are delivered by registered post or courier service, they shall be deemed to have been received on the...

Section 28. Powers of the Commission in relation to service Section authorize the service of pleadings ("documents relating to an appeal filed by parties to the appeal with the Commission; and") in a manner that is not expressly provided for in these Regulations; or

Section 29. Rights of the parties to anappeal Section be heard in person;

Section 30. Record of proceedings Section The Commission shall keep and maintain an accurate record of its proceedings relating to an appeal ("an application to the Commission against a decision of a county executive, county public service or county assembly service;") including typed transcripts and, where applicable, audio and video recordings.

Section 31. Revocation L.N. 70 of 2016 Section The Public Service Commission (County Government Public Services Appeals Procedures) Regulations, 2016 are revoked.