Focus on counties as senators open inquiry into ethnic staff composition

The Senate’s National Cohesion, Equal Opportunity and Regional Integration Committee has started the exercise that targets county executives and county assemblies.

“We have written to all the governors, county assembly public service boards and county assembly public service boards to come and tell us about the composition of their staff,” chairman Mohamed Chute said.

The panel has looked at Siaya, Tana River, Lamu and Garissa counties.

The committee has also reviewed the staff composition of the Samburu county assembly.

The development comes at a time the governors have been accused of skewed hiring that favours their kinsmen and people from their tribes.

Various reports, including by the Auditor General, have revealed the staff in the devolved units are dominated by the dominant ethnic community, contrary to the law.

Already, the county has completed the review of staff composition in national government entities. It emerged some big tribes dominated the entities.

In the Samburu county assembly, up to 84 per cent of their staff come from the dominant Samburu community.

The committee put the assembly leadership to task to explain practical measures it is taking to comply with the law on ethnic balance.

“Out of the 94 employees the assembly has, how many were employed by the current board and what are you doing to correct this problem?” Chute posed.

The leadership said it is doing its best to comply but reiterated that it would be a challenge as the assembly’s establishment is already filled.

“The board is trying to do its best to ensure it meets the requirements of ethnic diversity but unfortunately its staff establishment is at its full capacity,” clerk Fred Lenapeer told the committee.

The county assembly has employed only one person with disability.

In Lamu, the committee established the dominant Bajun community controls up to 37.19 per cent of the county executive staff.

It is followed by Kikuyu at 21.07 per cent, Mijikenda at 11.23 per cent, Pokomo at 5.01 per cent, Kamba at 3.46 per cent, Luhya at 3.40 per cent and Luo at 3.17 per cent.

Section 66 of the County Governments Act, 2012, provides that county governments should ensure not more than 70 per cent of the county public service positions at any level are occupied by persons from the dominant ethnic community.

In addition, Section 65 of the Act stipulates that the composition of the county public service should reflect the diversity of the county’s population by ensuring appointments reflect ethnic, gender and regional balance.

Further, Section 7 of the NCIC Act, 2015, prohibits ethnic discrimination and requires public establishments to promote ethnic diversity and fair employment practices.

Out of 1,676 staff, only 18 are persons with disabilities, which represents 1.07 per cent of the total workforce in Lamu county.

The county argued that only a few candidates meet the criteria for employment concerning academic qualification, among other requirements.

Section 12 of the Persons Living with Disabilities Act, Cap 133 states that at least five per cent of all public service positions be reserved for persons with disabilities.

It also requires public service employers to ensure the work environment is accessible and suitable for employees with disabilities.