Kaparo: Unfair hiring rampant in 32 counties

Skewed recruitment has left some counties with staff from one ethnic community, posing a threat to national cohesion, a commission has said.

Some devolved governments employ from the dominant community only, in disregard of the law, according to audit reports on ethnic and diversity of public institutions.

The study released Monday by the National Cohesion and Integration Commission at its headquarters in Upper Hill, Nairobi, covered all counties, 185 parastatals and 15 commissions.

Only 15 of the 47 counties, representing 31.9 per cent of devolved units have complied with the law on recruitment.

Nandi and Kirinyaga county assemblies have employed people from only one ethnic group.

NCIC chairperson Francis ole Kaparo said the Constitution does not allow discrimination but public institutions have a duty to adhere to the National Cohesion and Integration, the Employment and the County Government Acts.

The County Government Act says at least 30 per cent of jobs should go to members of ethnic groups not dominant in a county.

The commission observed that ethnic inequality and imbalance in the county public service eroded confidence and trust in the institutions.

Mr Kaparo said the commission would inform institutions that have flouted employment guidelines to address the anomaly.

“If they don’t comply, we will have no option but to go to court. This is not an exercise in futility,” said Mr Kaparo, who was accompanied by other commissioners.

He said tribalism, nepotism and corruption were rampant during hiring and that dominant communities were over represented in the setup.

To ensure inclusivity and observance of the law, parastatals should be insulated from political interference and intrusive bureaucrats, said the commission.

He said the commission was also proposing that firms and counties which condoned unfair hiring be penalised.

The report also indicated that executives in 18 counties and 22 county public service boards were from the same community, as of May.

Mr Kaparo added that the glaring discrepancies in access to jobs presented a gloomy future for Kenya.

“Politicians must stop interfering with recruitment in public institutions. They should know that a citizen can move to court and seek to have the appointments declared null and void,” said Mr Kaparo.

COMPLIERS AND FLOUTERS

The commission now wants powers to scrutinise and issue certificates of compliance before public institutions finalise hiring in order to deal with the anomalies.

“The law should be changed to make it mandatory for recruiting agencies to seek clearance certificates from NCIC,” said Mr Kaparo.

He added that the commission could only name and shame those flouting recruitment procedures.

The commission also recommended that the President, the National Assembly and Senate include at least one person from minority communities in every appointment to a commission.

“There is need for Parliament to review the Constitution and have appointments accommodate all ethnic groups as opposed to just reflecting regional balance,” added Mr Kaparo.

Commissions are the most compliant institutions compared to public universities and parastatals.

Only one in the 15 commissions has gone against the law.

The Parliamentary Service commission leads the pack of those that have complied with the law while the Judicial Service Commission is the only one that has flouted the employment guidelines with 39 per cent of its employees coming from one ethnic community.

State corporations with offices in different counties were found to be more compliant in employing from various communities, with Kenya Ports Authority leading the pack, followed by Kenya Forest Service, Kenya Airports Authority and Kenya Revenue Authority.