The constitution of Kenya (2010) prescribes national values and principles of governance which includes sharing and devolution of power. It created a two tier government: a national government and 47 county governments. Five laws which provide the framework for devolution have been enacted, namely: urban Areas and cities Act, 2011; the transition to devolved government Act, 2012; the intergovernmental relations Act, 2012; the public finance management Act 2012; and the county governments Act, 2012.

The Homa Bay County Public Service Board is one of the boards established by chapter 57 of county governments Act as an autonomous institution. By virtue of being a legal body it enjoys wide powers and privileges in the discharge of the mandate. These powers are operationalized in the Service Boards Act(Cap 185) Laws of Kenya and the Public Officer Ethics Act, 2003 and the County Governments Act, 2012.

The mandate of the Board is stipulated in the County Governments Act (2012). Under section 59 of the county Governments Acts, the Board is bestowed with the power to appoint persons to hold or act in offices in the County Public Service including the Boards of cities and urban areas, the power to confirm in appointments and, the power to remove those persons from office. Section 59 of the County Governments act also grants the Board authority over denial, withholding, reduction or suspension of pension benefits for persons who have served in the Public Service.

The Public Officers Ethics Act of 2003 has further expanded the mandate of the Board, through the Public Service Commission of Kenya, to include the setting and enforcement of ethical standards in the Public Service. We can therefore safely infer that the mandate of the Board is to manage entry, retention and conduct and exit of public servants as provided for in the constitution and other enabling statutes. Functionally, the County Public Service Board of Homa Bay is an autonomous County Government agency with a full secretariat.