JSC is the most tribal com­mis­sion, says NCIC re­port

Sur­vey shows 39.1 per cent of Ju­di­cial Ser­vice Com­mis­sion work­force are Kikuyus, against the re­quired in­dex of 33.3%

The Star (Kenya) - - Front Page - EM­MANUEL WANJALA @imanovichrambu

The Ju­di­cial Ser­vice Com­mis­sion is the only, out of 15 com­mis­sions sur­veyed by the Na­tional Co­he­sion and In­te­gra­tion Com­mis­sion, that does not meet eth­nic bal­ance in its work­force.

The NCIC said JSC vi­o­lates Sec­tion 7 ( 2 ) of the NCI Act by hir­ing more than a third of its work­ers from the same eth­nic com­mu­nity.

Ac­cord­ing to the sur­vey, 39.1 per cent of JSC’s work­force is from the Kikuyu com­mu­nity, against the re­quired in­dex of 33.3 per cent. The re­port re­leased yes­ter­day says the com­mis­sion’s staff com­prise 17.4 per cent from the Kisii com­mu­nity, the Luo ( 13 per cent), the Kam­bas and Kalen­jins 8.7 per cent, while the Luhyas, Meru and Njembs have 4.3 per cent each.

“The most di­verse com­mis­sion is the Par­lia­men­tary Ser­vice, which has 29 eth­nic com­mu­ni­ties in its staff,” NCIC chair­man Fran­cis ole Ka­paro said. He said the CEOs of the sur­veyed com­mis­sions are from eight ethinic back­grounds, ma­jor­ity of whom are from the Luhya com­mu­nity with a 26.7 per cent rep­re­sen­ta­tion.

Ka­paro, how­ever, said the sur­vey in­di­cated that pub­lic in­sti­tu­tions with de­cen­tralised of­fices have more eth­nic com­po­si­tions in their staffing, com­pared to those that have one of­fice in Nairobi. He cited the Teach­ers Ser­vice Com­mis­sion, the In­de­pen­dent Elec­toral and Bound­aries Com­mis­sion and the Ethics and Anti-Cor­rup­tion Com­mis­sion.

The other com­mis­sions sur­veyed in the re­port as at May in­cluded the 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, The Com­mis­sion for the Im­ple­men­ta­tion of the Con­sti­tu­tion and the Salaries and Re­mu­ner­a­tion Com­mis­sion.

CON­STI­TU­TIONAL RE­VIEW

Ka­paro said their rec­om­men­da­tions are that the Pres­i­dent and Par­lia­ment should in­clude at least one per­son from the mi­nor­ity com­mu­ni­ties in each ap­point­ment to a com­mis­sion. He said there is need for Par­lia­ment to re­view Ar­ti­cle 250 ( 4 ) of the Con­sti­tu­tion – the law form­ing all com­mis­sions – to have ap­point­ments ac­com­mo­date all eth­nic groups as op­posed to re­flect­ing re­gional bal­ance.

On paras­tatals, the study re­vealed that this is the sub-sec­tor with the high­est in­clu­sion of mi­nor­ity com­mu­ni­ties such as the Gosha, Waat and Dase­nach, who are rarely found in sub-sec­tors such as coun­ties, com­mis­sions, uni­ver­si­ties and na­tional main­stream civil ser­vice, with less than 0.01 per­cent­age rep­re­sen­ta­tions.

The re­port said the most di­verse in­sti­tu­tion in terms of fair re­cruit­ment on the ba­sis of tribe is the Kenya Ports Au­thor­ity, which has re­cruited staff from 34 eth­nic groups. It is fol­lowed by the Kenya For­est Ser­vice, the Kenya Air­ports Au­thor­ity and the Kenya Rev­enue Au­thor­ity, who all have staff from 30 com­mu­ni­ties. Over­all, the Kikuyu, Kalen­jin, Luhya and Luo ac­count for the largest pro­por­tion, oc­cu­py­ing 20.62, 15.7, 15.02 and 13.89 per cent of all paras­tatal job slots re­spec­tively.

Of the 185 state cor­po­ra­tions sur­veyed, 129 com­plied with the NCI Act as 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 re­gard to com­ply­ing with the NCI Act.

The paras­tatals hired 89 per cent, 79.1, 76.9 and 76.8 of its em­ploy­ees re­spec­tively from the com­mu­ni­ties dom­i­nant in their ar­eas – the Luhya, Kalen­jin and Kikuyu.

On coun­ties, the study re­vealed that only 15 coun­ties ( 31.9 per cent) have ad­hered to sec­tion 65 of the County Gov­ern­ments Act by giv­ing more than 30 per cent of jobs to eth­nic groups not dom­i­nant within their ar­eas.

“In fact, 68 per cent of the coun­ties have hired more than 70 per cent of their staff from one eth­nic group,” Ka­paro said. He named Kirinyaga, Nandi, and Ny­eri as the big­gest cul­prits with only nine, 10 and 11 per cent of their staff be­ing from other com­mu­ni­ties.

“Two county as­sem­blies, Kirinyaga and Nandi, have re­cruited only one eth­nic group in the en­tire assem­bly work­force,” Ka­paro said. The find­ings re­vealed that only 13 as­sem­blies ( 27.6 per cent) have re­cruited at least 30 per cent of their em­ploy­ees from non-dom­i­nant eth­nic groups.

/PHILIP KAMAKYA

Ju­di­cial Ser­vice Com­mis­sion mem­bers, led by chair­per­son Mar­garet Kobia, ad­dress the Me­dia on Fe­bru­ary 3

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