62 per cent of counties flout law on ethnic bias in hiring

Nearly two thirds of the 47 counties have flouted the law on hiring as local community members take up nearly all the appointments.

A report on the socio-economic audit of the new Constitution compiled by a team led by Auditor-General Edward Ouko shows that 62 per cent of the counties have failed the regional and ethnic diversity test.

The Constitution requires them to hire no more than 70 per cent from one ethnic community, which was meant to discourage use of ethnicity as the basis for distributing jobs.

“County governments are not complying with the provisions on inclusivity and promotion of regional and ethnic diversity in Kenya,” says the report. “They have hired invariably from the group that is numerically dominant in the county.”

Section 65 of the County Government’s Act requires their public service boards to ensure that at least 30 per cent of vacant posts at entry level are filled by candidates who are not from the dominant ethnic community in the county.

Data produced by the Ouko team however shows that a single ethnic community accounts for up to 80 per cent in some countries with the worst being 97.9 per cent.

Nyamira, Bomet, Kirinyaga, Kisii, Elgeyo Marakwet, Tharaka Nithi, Kericho, Murang’a and Uasin Gishu make the top 10 violating counties with each having, made between 93 and 97.9 per cent appointments from dominant tribes.

Only 17 counties adhered to this requirement among them Laikipia, Migori, Trans Nzoia, Busia, Mandera, Garissa, Nakuru, Nairobi, Mombasa, Embu, and Tana River.

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Edged out locals

The report says that although most non-compliant counties reportedly failed in the belief that the regions were homogenous in ethnic composition, the excuse does not override the fact that they all receive funding from revenue generated by the national.

Nyamira and Bomet had 98 per cent appointees from the Kisii and Kalenjin communities respectively, while Kirinyaga and Elgeyo Marakwet had 97.8 per cent ethnic Kikuyus and 97.6 Kalenjin compositions in their job placements, according to the report.

Dominant communities nationally have in many cases taken over appointments in cosmopolitan counties and edged out locals in some cases.

In the 16 compliant counties, one community dominates in four of the counties including the less cosmopolitan ones like Laikipia and the cosmopolitan ones like Nairobi.

The Kamba community, according to the report, has the highest variance on the negative with two percentage points under representation (compared to their population) in county governments.

“The institutions of accountability and oversight, such as the National Parliament and county assemblies, should be holding the counties to account every time there are new appointments made,” said the Ouko team.