Non-adherence to the law on ethnic diversity of staff ailing state institutions

Tuesday, 1 April, 2025

Non-adherence to the law on ethnic diversity of staff ailing state institutions

Non-adherence to the law on ethnic diversity of staff ailing state institutions

𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲, 𝐌𝐚𝐫𝐜𝐡 𝟐𝟔, 𝟐𝟎𝟐𝟓

The Public Investment Committee on Education and Governance chaired by Hon. Jack Wamboka (Bumula) has called out institutions for failing to adhere to the National Cohesion and Integration Commission (NCIC) policy stipulating that universities should not recruit more than a third of the total workforce from one ethnic group.

Ethnic imbalance in these institutions ranges from employment of both teaching and non-teaching staff, appointment of vice chancellors and principals and the university council members. 

Members noted with concern a lot of regional and ethnic imbalance issues in recruitment of officers, with reports revealing that in situations where the Vice Chancellor or Principal of a college hails from a certain ethnic group, or he or she is appointed in a university within his or her own locality, then majority of the employees are recruited from his or her ethnic group.

While reviewing the reports of Sigalagala the Polytechnic had 271 employees (both teaching and non-teaching). However, out of this number, 209 employees or 77% were from the dominant ethnic community in the County contrary to the a third rule.

In his response the principal Mr. Evans Bosire says the ethnic representation for workers at Sigalagala is historical and the figure of 209 luhyas whom were recruited when Sigalagala was still a technical and vocational training institute, drawing its workforce from the local ethnic luhya sub tribes. 

Adding that Some of the workers were later absorbed into permanent establishment hence the current demographics. Currently any vacancy is advertised in local dailies and attracts persons from all tribes.

An Analysis of the payroll for Masinde Muliro and staff list provided for audit review revealed that during the year under review, the University had 972 employees, both teaching and non-teaching and on permanent and pensionable terms.

However, out of the total number, 654 employees or 67% were from one ethnic community. This is contrary to Section 7(2) of the National Cohesion and Integration Act, 2008, which provides that no public establishment shall have more than one third of its staff from one ethnic community.

Management in their response clarified that efforts have since been put in place to reduce the impact of dominant community in the employment at the University.

"Diversity has been achieved in top management and this will continue in other segments of the University. It is worth noting that the lower cadre of the staff were employed before the enactment of this law and we are doing everything possible to ensure that replacements reflect diversity of our country and its people." VC Solomon Shibairo

During the year under review for Kisiwa as an Institute had one hundred and seventy (170) employees out of whom, one hundred and fifty-six (156) or 92% of the staff were from one ethnic community. 

The management agreed with the audit observation. However informed the committee that it came as a result of the institute inheriting majority of its members of staff from Kisiwa Youth Polytechnic. 

" The management is making every effort to ensure that there is total compliance with the above requirement by advertising vacant posts on widely read papers as well as the institute website to attract applicants from far and wide." Principal Emmanuel Wamalwa

For Alupe University the Analysis of staff composition of the College revealed that out of ninety-seven employees, 37 or 38% were from the same ethnic community. This is contrary to the requirements of Article 232 (1)(h) of the constitution and section 7 (2) of the National Cohesion and Integration Act No. 12 of 2008 

The management saying that the issue is historical since most employees who were seconded from Moi University were absorbed by Alupe University College hence majority were from the dominant Luhya community. 

In addition, the advert for employment in 2017 did not attract other communities. However the VC Peter Barasa says that management has since conducted affirmative advertising to ensure they encourage more Kenyans to join the institution.

As the curtain dropped for today's meetings, the committee observed that a lot needs to be done in relation to policy implementation in order to achieve ethnic diversity in Kenyan public universities.