In a motion sponsored by North Uyoma MCA, Hon. Booker Washington Bonyo, the Assembly noted that one of the original nominees to the Board, Ms. Dorothy Akinyi Owino, withdrew from the vetting process before the approval proceedings were concluded, creating a vacancy that legislators say must be filled to comply with constitutional and statutory requirements on gender equity, inclusivity and regional balance.

The motion recalled that upon the withdrawal, the House resolved and formally communicated to the Governor the need to submit a new nominee within fourteen (14) days, specifically by 13th May 2026, while taking into account the merit list prepared by the Selection Panel as well as constitutional principles governing gender balance and inclusivity in public appointments.

Despite the lapse of the timelines issued by the Assembly, no fresh nominee has been submitted for consideration and approval.

The Assembly warned that the continued operation of the Board in its current form could expose the County Government of Siaya to legal challenges, invalidate administrative decisions and undermine public confidence in the county public service.

As a result, the County Assembly has resolved that:

1. Pending substantive nomination, vetting and approval of the additional member necessary to achieve compliance with the law, the newly appointed County Public Service Board shall not undertake or transact official business on behalf of the County Government, save for the administrative duties which do not require Board resolutions.

2. Any administrative decisions undertaken during the period shall be communicated to the County Assembly before implementation; failure to which appropriate sanctions shall be imposed upon the responsible officers.

3. In nominating a replacement member, the Assembly recommends that the Governor consider both the merit list from the Selection Panel and the constitutional requirements on gender equity and regional balance, pursuant to Section 58A(3a) or the County Government Act, 2012.

4. Any decisions, appointments, recruitment, disciplinary actions, delegations, advisory opinions or administrative decisions undertaken by the Board contrary to this resolution shall be subject to review and may be declared null and void for non-compliance with the Constitution and the County Governments Act, 2012.

5. The appointing authority shall bear full responsibility for any acts of omission, irregularity, illegality or administrative consequences arising from continued operation of the Board in a manner inconsistent with the Constitution, the County Governments Act, 2012 and the resolutions of the County Assembly.