- The commission said the new law should compel employing organs to submit quarterly ethnic diversity reports.
- NCIC noted that 34 out of the 47 counties have contravened the law on having at least 30 per cent of positions being held by staff who are not from the dominant community.
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National Cohesion and Integration Commission (NCIC) wants the law to be amended to prescribe punitive action against public institutions that violate diversity and inclusivity requirements.
In a report submitted to the Senate Standing Committee of National Cohesion and Integration, Equal Opportunity and Regional Integration, NCIC asked Parliament to review the National Cohesion and Integration Act 2008.
The commission said the new law should compel employing organs to submit quarterly ethnic diversity reports.
“This will enable the commission to effectively monitor compliance on an annual basis and produce comprehensive diversity audit reports,” NCIC said.
The commission proposed a fine of not less than Sh10 million or imprisonment for a term of not less than five years for institutions that violate diversity and inclusivity laws.
The commission further wants the new law to introduce a threshold of ethnic group representation in public establishments for senior management positions, as well as other job cadres.
The County Government Act (Section 65[1e]) requires the county public service board to ensure that at least 30 per cent of vacant positions at the entry-level are filled by candidates who are not from the dominant community in the devolved unit.
Further, the National Cohesion and Integration Act 2008 prohibits a single community from occupying more than a third of employment positions in state-owned firms.
Section 7(1) and (2) of the Act states that all offices shall seek to represent the diversity of the people of Kenya in the employment of staff and that no public institution shall have more than one-third of its staff from the same community.
Among the key mandates of NCIC is to ensure ethnic diversity in employment in public institutions.
In the report, NCIC noted that 34 out of the 47 counties have contravened the law on having at least 30 per cent of positions being held by staff who are not from the dominant community.
The report said only 13 counties have complied with the law, the top being Marsabit whose dominant tribe (Borana) occupies 33.41 per cent of the positions.
Bomet County is the least compliant as almost all job positions have been filled by the dominant tribe in the area.
NCIC said the members of the Kalenjin community have taken 97.35 per cent of all job positions available in Bomet County.