The JSC is the only one of 15 commissions surveyed by the NCIC that has hired more than a third of its workforce from the same ethnic community.
The survey found that 39.1 per cent,
against the required 33.3 per cent,
of the Judicial Service Commission's workforce is from the Kikuyu community.
This contrary to provision of section 7(2) of the National Cohesion and Integration Act.
The report released on Monday says the commission’s staff comprises the Kisii (17.4 per cent),
Luo (13 per cent), Kamba and Kalenjin (8.7 per cent each) and
Luhya, Meru and Njembs (4.3 per cent each).
Francis ole Kaparo, chairman of the
National Cohesion and Integration Commission, said the CEOs of the surveyed commissions were from eight
ethnic
backgrounds, majority being Luhyas (26.7 per cent).
“The most diverse commission is the Parliamentary Service Commission which has 29 ethnic communities in its staff,” he said.
Kaparo noted the survey indicated that public institutions with decentralised offices were more ethnically diversified than those with single offices in Nairobi.
He cited the Teachers Service Commission, the Independent Electoral and Boundaries Commission and the Ethics and Anti-Corruption Commission.
Among organisations that were surveyed in May were National Land Commission, the Commission on Revenue Allocation, Commission on Administrative Justice, the National Cohesion and Integration Commission, the Kenya National Commission on Human Rights and the Public Service Commission.
Others were the National Police Service Commission, the National Gender and Equality Commission, Parliamentary Service Commission, Commission for the Implementation of the Constitution and the Salaries and Remuneration Commission.
Kaparo recommended that President Uhuru Kenyatta and Parliament should include at least one person from the minority communities in each appointment to a commission.
He further said there was need for Parliament to review Article 250(4) of the constitution – the law on forming all commissions – for appointments to accommodate all ethnic groups as opposed to reflecting regional balance.
The study found that the parastatals subsector had the most minority communities, including the
Gosha, Waat and Dasenach.
Kaparo noted these communities are
in sub-sectors in counties, commissions, universities and national mainstream civil service, usually having a representation of less than 0.01 per cent.
The report revealed that the most diverse institution in terms of fair recruitment on the basis of tribe was the Kenya Ports Authority, with staff from more than 34 ethnic groups.
It was followed by Kenya Forest Service, Kenya Airports Authority and the Kenya Revenue Authority which all had staff members from 30 communities.
Overall, the Kikuyu, Kalenjin, Luhya and Luo account for the largest proportions - 20.62, 15.7, 15.02 and 13.89 per cent respectively -
of all parastatal job slots.
Of the 185 state corporations surveyed, 129 complied with the NCI Act since the majority ethnic group in their employment did not exceed 33.3 per cent.
The report ranked Nzoia Sugar Company, Kerio Valley Development Authority, Tana Water Services Board
and Mumias Sugar Company as the worst performing Parastatals, in compliance to the NCI Act.
The parastatals hired 89 per cent, 79.1 per cent, 76.9 per cent
and 76.8 per cent
employees respectively from the communities that are dominant in their areas of operation - Luhya, Kalenjin, Kikuyu and Luhya again.
On counties, the study revealed only 15 (31.9 per cent) have adhered to section 65 of the County Governments Act by giving more than 30 per cent job slots to ethnic groups that are not dominant .
“Sixty eight per cent of the counties have hired more than 70 per cent of their staff from one ethnic group,” Kaparo said, naming Kirinyaga, Nandi, and Nyeri as the biggest culprits with only 9, 10 and 11 per cent of staff being from other communities.
“Two county assemblies - Kirinyaga and Nandi - have recruited only one ethnic group in the entire assembly workforce,” Kaparo said.
He said that overall, the coastal counties of Kilifi, Mombasa and Kwale were the most diverse, with staff comprising members of 33 ethnic groups.
“Observations from the study affirm that counties with many ethnic groups tend to adhere to legal provisions compared to those with leaner ethnic representation.
Given this scenario, Kaparo said that the National Affirmative Action Fund should work with NCIC to operationalise
affirmative action, in line with article 56 of the constitution.