Counties have been put on the spot for flouting employment laws, paying salaries using the same bank accounts, breaching the threshold on the wage bill and non-compliance with the laws on staff ethnic composition.

In addition, the devolved units have been presiding over irregular staff recruitment, lack of an employee Appraisal System, irregular engagement of casual employees, non-compliance with the one-third basic salary rule and irregular extension of the probationary period.

In a report tabled in the Senate by the County Public Accounts Committee chaired by Homa Bay lawmaker Moses Kajwang’ (left), 36 counties out of 47 were reported to have breached the law in having more than a 35 per cent threshold of wage bill.

Provisions of Regulation 26(1) (a) of the Public Finance Management (National Government) Regulations, 2015, limit the expenditure on compensation of employees (including benefits and allowances) to not more than 35 per cent of its annual revenue.

Bank irregularities

In the report Kisii County has the highest wage bill at 60 per cent, followed by Mombasa (57), Laikipia (55), Elgeyo Marakwet (55), Nyeri (55), Muranga (54) Homa Bay (53) and Nyamira (53).

In considering the Auditor General Reports for County Executives, for the financial year ending June 30, 2024, the committee noted some of the recurring human resources management irregularities.

The committee noted that some county employees’ salaries were paid to the same bank account despite them having different personal numbers, ID numbers and names.

This is contrary to section E.2 (2) of the County Public Service Human Resource manual, 2013, which provides that all officers will be paid salary in Kenyan Currency through their bank accounts.

“The committee observed that county executives continue to recruit employees without the required qualification in complete breach of the County Public Service Board Circular (CPSB) therefore, the regularity of such recruitment could not be ascertained by the Auditor General,” reads part of the report.