A Senate report has raised concern over county hiring practices after revealing that many devolved units are ignoring legal requirements meant to ensure fair ethnic representation and equal access to public jobs, with staffing patterns showing long-standing and widespread violations across the country.
The findings by the Senate County Public Accounts Committee indicate that most counties are not meeting set standards on diversity, raising questions about recruitment processes in public service and whether constitutional provisions on equality are being respected.
“The Committee observed a systemic failure across counties to comply with legal frameworks on diversity and inclusion,” the report by the Moses Kajwang’-led committee states.
The committee further reports that in several counties, staff composition is heavily dominated by the local majority community, a situation lawmakers say goes against national cohesion laws and principles of fair representation.
“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.
The report also points to gaps in meeting requirements on employment of persons with disabilities, saying many counties are below the minimum legal threshold.
“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, senators have issued directives to County Public Service Boards, which are in charge of recruitment in counties.
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.”
Lawmakers also want counties to introduce structured affirmative action measures aimed at improving inclusion of persons with disabilities in the workforce.
“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.
The committee has further called for stronger oversight on how counties are applying diversity laws, pushing for closer scrutiny of compliance and enforcement.
“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 expected to increase pressure on county administrations to align recruitment systems with constitutional requirements on fairness, inclusion, and representation.
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