NCIC pushes for stricter penalties to enforce diversity in public institutions

The National Cohesion and Integration Commission (NCIC) has called for legal reforms to impose stricter penalties on public institutions that fail to meet established diversity and inclusivity standards.

In a report presented to the Senate Standing Committee on National Cohesion and Integration, Equal Opportunity, and Regional Integration, the NCIC recommended that Parliament revise the National Cohesion and Integration Act of 2008.

The commission proposed that the revised legislation should include a requirement for employing bodies to submit quarterly reports on ethnic diversity within their organisations.

This measure is intended to enhance the NCIC's ability to monitor compliance with diversity standards on an annual basis and to produce detailed diversity audit reports.

To enforce compliance, the NCIC suggested that institutions failing to adhere to diversity and inclusivity laws should face fines of at least Sh10 million or imprisonment for a minimum of five years.

Additionally, the commission recommended the introduction of a minimum threshold for ethnic representation in public sector leadership roles and other job categories under the new law.

The County Government Act (Section 65[1e]) currently mandates that county public service boards ensure at least 30 per cent of entry-level positions are filled by candidates from communities that are not the majority in the respective county.

Furthermore, the National Cohesion and Integration Act of 2008 restricts any single community from holding more than one-third of the jobs in state-owned enterprises.

Sections 7(1) and (2) of the Act require that all offices should aim to reflect Kenya's ethnic diversity in their staffing, with no public institution allowed to have more than one-third of its employees from the same community.

Failure to adhere to employment diversity 

One of the NCIC's primary roles is to promote ethnic diversity in the workforce within public institutions. However, in its report to the Senate, the commission expressed concern over the failure of 34 counties to adhere to employment diversity mandates within their County Public Service.

These counties have been accused of predominantly hiring individuals from a single ethnic community, which violates Section 65 (1) (e) of the County Governments Act.

According to data from the NCIC, several counties have a workforce overwhelmingly composed of individuals from one ethnic group.

For example, in Bomet County, 97.3 per cent of the workforce is from the Kalenjin community. Similarly, in Elgeyo Marakwet, 96.4 per cent of the workforce is Kalenjin, while in Vihiga, 95.8 per cent of the workforce is Luhya.

Senator Mohamed Chute of Marsabit, who chairs the Senate Committee, highlighted the seriousness of this issue. He noted that tribalism in employment is a nationwide concern and urged the NCIC to work closely with both national and county governments to ensure that public sector employment reflects Kenya's diverse ethnic makeup.

The Senate Committee on Cohesion, Equal Opportunity and Regional Integration chaired by Marsabit Sen. Mohamed Chute when they met with NCIC officials led by Dr. Samuel Kobia and Public Procurement Regulatory Authority in regards to equitable staff composition in counties on August 8, 2024. (Photo: Kenya Senate)

"The issue of tribalism in employment in this country is very serious, NCIC needs to engage with the national government and the counties to have it addressed since we need to have the face of Kenya reflected in matters of employment in every public sector entity," he said.

NCIC Chairman Samuel Kobia disclosed that their findings identified 34 counties where over 70 per cent of employees belong to a dominant ethnic group. He stated that this is a direct violation of existing laws, which require County Public Service Boards to ensure that at least 30 per cent of entry-level positions are allocated to candidates from outside the dominant local ethnic community.

NCIC audit

The NCIC's 2023 audit on Ethnic and Diversity of the County Public Service provided more detailed statistics.

For instance, Nyandarua County's workforce is 95.6 per cent Kikuyu, Nyamira's is 94.7 per cent Gusii, Kisii's is 94.3 per cent Gusii, and Mandera's is 93.4 per cent Somali. Other counties with high percentages of employees from a single ethnic group include Kericho with 93.3 per cent Kalenjin, Wajir with 93.1 per cent Somali, Makueni with 92.5 per cent Kamba, Nyeri with 92.8 per cent Kikuyu, and Murang'a with 92.2 per cent Kikuyu.

The report highlights that counties such as Bomet, Elgeyo Marakwet, Vihiga, Nandi, Nyandarua, Nyamira, Kisii, Kericho, and Wajir have shown non-compliance with the County Government Act, each having over 90 per cent representation from their dominant communities.

An analysis of Kenya's 45 ethnic groups revealed that 10 of them dominate their respective county public services. The Kalenjin community leads with 15.45 per cent of the nation's public service roles, followed closely by the Kikuyu at 15.40 per cent. Other notable representations include the Luhya at 13 per cent, Luo at 9.15 per cent, Kamba at 8.7 per cent, Kisii at 7.5 per cent, Mijikenda at 5 per cent, Meru at 4.7 per cent, Somali at 4.3 per cent, and Maasai at 4 per cent.

Since 2016, county governments have collectively recruited approximately 98,299 public servants. Of these, the Kikuyu community holds 15,646 positions (15.9 per cent), Kalenjin 13,877 (14.12 per cent), Luhya 13,526 (13.7 per cent), Kamba 8,300 (8.4 per cent) and Luo 8,204 (8.35 per cent).