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Tana River County accused of ethnic and disability bias in recruitment

Nancy Gathungu

Auditor-General Nancy Gathungu at a meeting in Mombasa County on February 4, 2025. In a report, the Auditor-General notes a worrying trends of ethnic and disability bias and irregularities in employment practices in Tana River County.

Photo credit: Wachira Mwangi | Nation

The Auditor-General has uncovered worrying trends of ethnic and disability bias and irregularities in employment practices within Tana River County Government.

The review of the June 2024 payroll has revealed that 38 percent of the county's employees belong to one ethnic community, exceeding the 30 percent threshold prescribed by the National Cohesion and Integration Act, 2008.

"The Act mandates that no single community should hold more than 30 percent of county jobs to promote diversity and national cohesion," read the report in part.

This has raised concerns about the fairness of the county's hiring practices.

With more than a third of its workforce drawn from one community, the Tana River County Government has been accused of sidelining other ethnic groups in recruitment.

"This practice undermines the spirit of equality and national integration as ascribed in the law,” reads the report by Auditor-General Nancy Gathungu.

The situation has led to public outcry and calls for immediate reforms to ensure that the county’s public service reflects the ethnic diversity of the local population.

In addition to the ethnic bias in hiring, the Auditor-General’s report highlighted the county’s failure to consider people living with disabilities (PLWDs) in recent recruitment.

Of the 162 new employees hired in the recent recruitment drive, not a single person with a disability was employed, in contravention of Section 13 of the Persons with Disability Act, 2003.

The Act requires public institutions to reserve at least five percent of employment opportunities for people with disabilities to promote inclusivity and equal opportunities.

The omission has drawn criticism from disability rights groups, who have accused the county administration of neglecting the rights of a vulnerable population that continues to face barriers to employment and opportunity.

"It has become the norm. They view people living with disability as a burden in the work environment and finally the auditor-general has seen it... it must be fixed," said Ms Elizabeth Balo, Chairperson of the PWD Board.

The audit also found irregular salary deductions affecting hundreds of county employees.

The audit of the Integrated Payroll and Personnel Database revealed that 331 employees had deductions in excess of two-thirds of their basic salary, in contravention of Section 19(3) of the Employment Act.

The law prohibits deductions above this limit to protect workers from financial hardship.

The report suggests that many workers have been subject to excessive deductions, leaving them with insufficient take-home pay.

This finding has raised concerns about the county's management of payroll and its compliance with labour laws.

Responding to the report, County Finance Executive Brenda Mokaya distanced the county government from the hiring process, saying employment matters are handled by the County Public Service Board, an independent body.

"We only request staff to fill gaps in the administration, but we don’t participate in recruitment," Mokaya said.

On the issue of excessive salary deductions, she explained that many employees had taken out multiple loans from different financial institutions, resulting in their salaries being overdrawn.

Mokaya stressed that the administration had no control over individual employees' financial decisions.

Civil society groups have called for an investigation into the County Public Service Board's hiring practices and measures to ensure compliance with the law.

"This is an important conversation about equality, fairness, and good governance in the public service. We have been raising these matters of ethnic bias not only in the county executive but also in the assembly and we are glad that someone is paying attention," said John Dhadho, chairperson of the Civil Societies Organisation Network.