Mandera County Public Service Board Ordered to Release Employment Information

The Commission has ordered the Secretary/Chief Executive Officer, Mandera County Public Service Board to release information relating to the total number of employees employed by the Mandera County Government from 2013 to date.

Mr. AMA made an application of review following the failure by the County Secretary, Mandera County Public Service Board to process an information request done through the law firm of Kivuva Omuga and Company Advocates. The information sought included;

1. The total number of employees employed by Mandera County since the year 2013; and
2. A breakdown of all employees by the Mandera County Public Service Board in terms of:

1. Position held by the employees
2. Qualification for the position held
3. Designation of the employees
4. Dates of employment and date of graduation from necessary institution of learning qualified
5. Job description of the employees
6. Clan designation of the employees

The Commission took up the matter with the CEO of the Board on 16^th June 2025 by requesting for an institutional report in seven days.

“The review application is based on the ground that no response was received from your office as required by the law. The Commission, pursuant to Section 22(3), ATI Act, 2016 and Regulations 25 (1) ATI General Regulations, 2023, hereby notifies you of the application and requests for your Institutional Report or further information which may be relevant to the request for information within seven days to inform appropriate directions on the application,” read the letter from the Commission to the CEO of the Board.

The letter by the Commission did not elicit any response from the CEO prompting the Commission to invoke powers granted by Section 22(3)(a)(i) of the Access to Information Act, 2016, and determine that:

1. The information requested by the Applicant in the request for information letter dated 5^th September 2024 is held by the Respondent.
2. The information requested by the Applicant in the request for information letter dated 5^th September 2024 in Nos. (iv), (v) and (vi) may contain information which is subject to limitations under Section 6(1), Access to Information Act, 2016.

Pursuant to powers granted by Section 23(2)(a) of the Access to Information Act, 2016, the Commission ordered as follows:

1. The Secretary/Chief Executive Officer; Mandera County Public Service Board facilitates access to information and records held in strict compliance of the law, relating to the request for information made by AMA through the firm of Kivuva Omuga & Company Advocates in a letter dated 5^th September 2024 relating to the total number of employees employed by Mandera County Government since 2013 to-date namely: -

1. The total number of employees employed by Mandera County since the year 2013; and
2. A breakdown of all employees employed by Mandera County Public Service Board in terms of: -

1. Position held by the employees.
2. Qualifications for the position held.
3. Designation of the employees.

The Chief Executive Officer is required to comply with these orders within twenty-one (21) days. In the event of non-compliance, the Commission shall recommend criminal prosecution against the Chief Executive Officer in accordance with Section 28 of the Access to Information Act, 201