County governments are on the spot over widespread non-compliance with laws on ethnic diversity and inclusion, following findings by a parliamentary committee that point to systemic violations in public sector hiring.
According to the report of the Senate County Public Accounts Committee , most counties have failed to meet legal thresholds meant to promote inclusivity, raising concerns about discrimination and unequal access to public jobs.
“The Committee observed a systemic failure across counties to comply with legal frameworks on diversity and inclusion,” the Moses Kajwang’ led committee report states.
The committee found that staff composition in many counties is heavily skewed in favour of dominant local communities.
“The ethnic composition of staff in many counties overwhelmingly (often over 90 percent) represents the dominant local community, in clear violation of Section 7(2) of the National Cohesion and Integration Act, 2008, which prohibits any public establishment from having more than one-third of its staff from the same ethnic community,” the report notes.
In addition, counties were cited for failing to meet constitutional requirements on the employment of persons with disabilities (PWDs).
“Most counties failed to meet the 5 percent statutory employment quota for Persons with Disabilities (PWDs), as mandated by Article 54(2) of the Constitution and Section 13 of the Persons with Disabilities Act, 2003,” the report states.
To address the gaps, the committee issued a raft of recommendations targeting County Public Service Boards (CPSBs), which are responsible for recruitment.
The committee directed, “All County Public Service Boards (CPSBs) must strictly adhere to Section 65(1)(e) of the County Governments Act, 2012, and ensure that at least thirty percent of vacant posts at entry level are filled by candidates who are not from the dominant ethnic community in the county.”
The committee also called for targeted affirmative action measures to improve inclusion of persons with disabilities.
“All CPSBs must develop and implement targeted affirmative action plans, as envisioned by Article 27(6) of the Constitution, to progressively achieve the 5% employment reservation for Persons with Disabilities,” the report recommends.
Further, the senators want enhanced oversight on enforcement of diversity laws, urging scrutiny of how counties are applying existing legislation.
“The Senate Committee on National Cohesion, Equal Opportunity and Regional Integration is urged to undertake a post-legislative scrutiny on the application of Section 7(2) of the National Cohesion and Integration Act to county governments, given the unique demographic realities of some counties,” the report adds.
The findings are likely to pile pressure on county administrations to reform hiring practices and align with constitutional and statutory requirements on inclusivity.
