The recruitment of 1,406 revenue service assistants by the Kenya Revenue Authority last year was unconstitutional, the High Court has said.
Justice William Musyoka ruled that the exercise, which was conducted by the KRA last year, was heavily skewed in favour of the Kikuyu and Kalenjin communities to the disadvantage of others.
The judge said being a public body, KRA should afford adequate and equal opportunities for appointment, training and advancement at all levels to members of all ethnic groups and persons with disability.
Justice Musyoka further said the explanation by KRA that the two communities got more slots because of their high number of applications was not supported by statistics.
According to the judge, it would have been more plausible to suggest that the authority went for the most competent and academically qualified applicants from the Kikuyu and Kalenjin communities.
“A declaration that the June 2023 recruitment of the 1,406 revenue service assistants was unconstitutional, as it offends the preamble to the Constitution and the provisions of Articles 10,27, 56 and 32 (g)(h)(i) of the Constitution,” said the judge.
The judge said going by the 2019 population census the Kikuyu constitute 18 percent of the total Kenyan population, while Kalenjin were 14 percent.
Combined, the judge added, the two communities would be entitled to 32 percent on an even sharing of the total number of slots available for employment.
“Going by those statistics, the 56 percent allotted to the two communities appears to be grotesquely disproportionate to what was the due share to them,” added the judge.
No recruitment
Justice Musyoka further barred the KRA from recruiting and appointing staff at all levels until ethnic diversity and regional balance policy was put in place.
The policy, the judge said, should be in place within 30 days from the date of the judgment.
“Without clear policy guidelines on these matters, the Kenya Revenue Authority is likely to engage in another recruitment with similar results, something which would entrench a staff establishment heavily skewed in favour of some communities to the disadvantage of other communities,” said the judge.
