NCIC commissioners earned full-time salaries in violation of court order, audit reveals
According to Gathungu, the commissioners’ letters of appointment described them as full-time officials engaged for a non-renewable six-year term, terms that are only lawful for appointees to constitutional commissions or independent offices established under Article 250(6)(a) of the Constitution.
A report by the Auditor-General has revealed that National Cohesion and Integration Commission (NCIC) commissioners have continued to earn full-time salaries and benefits illegally, despite a court ruling that nullified their appointments.
In her report for the financial year ending June 30, 2024, Auditor General Nancy Gathungu stated that the commissioners were appointed in April 2020 under terms that directly contravened a High Court judgment delivered on January 14, 2019.
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The ruling had declared Section 17(1)(a) and (b) of the National Cohesion and Integration Act unconstitutional, effectively invalidating the legal basis used in appointing the commissioners.
“Despite the court’s declaration, the commissioners continued to serve and were remunerated on full-time terms, contrary to the law,” reads the report.
According to Gathungu, the commissioners’ letters of appointment described them as full-time officials engaged for a non-renewable six-year term, terms that are only lawful for appointees to constitutional commissions or independent offices established under Article 250(6)(a) of the Constitution.
“In the circumstances, the legal existence of the commissioners under the current terms could not be confirmed,” the Auditor General said, highlighting a lack of justification for defying the court ruling.
The report also referenced a circular issued by the Head of Public Service in April 2015, directing all state corporations to follow the Mwongozo Code in appointing chairpersons, board members, and CEOs—guidelines the NCIC appears to have disregarded.
Further concerns were raised about the commission’s financial practices, particularly around confidential expenditure, with the report pointing to signs of non-compliance with public finance laws and potential misuse of public funds.
The Auditor General has called for urgent corrective action to bring the commission’s operations into legal compliance, strengthen governance, and protect public resources.
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