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The positions dished out were never advertised.
Outgoing National Cohesion and Integration Commission (NCIC) commissioners irregularly and forcefully recruited 22 new staff just over a month to the end of their tenure, a Senate committee heard on Monday.
The committee was told how the positions for the newly recruited staff, who were deployed to Nairobi and regional offices and reported to office on September 1, 2025, were never advertised despite the vacancies not being internal.
The positions dished out were never advertised.
Further, resistance by other departments over the illegality was met with threats to “review employment” of officers opposed to the move.
The damning revelation emerged during a Senate Cohesion Committee meeting when the Commission appeared before the Marsabit Senator Mohamed Chute-led panel.
Appearing before the committee, NCIC chief executive officer Daniel Giti revealed how the commissioners disregarded advice from the secretariat against the irregular recruitment.
Spilling the beans, Mr Giti said he even further advised the commissioners that the recruitment was going to be irregular if the law was not followed, but his voice was drowned out by the outgoing officers.
He told the committee that being new in office, the commissioners even threatened to review his performance should he stand in their way. Mr Giti was sworn into office as NCIC CEO on April 1, 2025.
The committee heard how the commissioners told the CEO to instruct the human resource department to proceed with the recruitment despite their reservations.
“Yes. They put me under pressure to employ since I was new in the Commission. It was a resolution of the commissioners and not the entire organisation,” said Mr Giti.
National Cohesion and Integration Commission Chief Executive Officer Dr Daniel Mutegi Giti before the Senate Committee on National Cohesion, Equal Opportunity and Regional Integration on November 3, 2025.
“We went through back and forth and even wrote to the Public Service Commission. They wanted me to follow what they wanted. They said NCIC is an independent institution and can therefore do whatever it wants. They even threatened to review my performance,” he added.
Mr Giti was responding to a question from nominated Senator Catherine Mumma, who wanted the CEO to tell the committee whether he advised the commissioners that the resolution to employ is not implementable as it was against the law.
The CEO added that he was forced by the commissioners to illegally employ the new employee posted to the headquarters, Elgeyo Marakwet, Samburu, Wajir, Murang’a, Nyandarua, Kirinyaga, Nyeri, Tharaka Nithi, Bungoma, Embu, Siaya, Migori, Homa Bay, Kakamega, Kilifi and Taita Taveta.
The positions include programme officer, librarian II, clerical 1, and assistant office administrator II.
Senator Mohamed Said Chute who chairs the Cohesion Committee.
The commission told the committee that after approval for recruitment, vacancies are advertised in print and broadcast media as well as on their website, but for this recruitment, the procedure was not followed.
The committee heard that the commissioners insisted that only prior applicants be considered with a cutline of the previous six months and for only those who had physically submitted their applications.
“It was the Commissioners resolution to consider applications from the past six months from those who do blind applications. We did not advertise the positions even on our website,” he said.
Two more staff
The head of legal also confessed that he was not consulted during the recruitment process and is only becoming aware at the meeting.
It was revealed that the initial figure was 20, but the commissioners added two more staff.
“The commissioners changed the list. They met again and added the two individuals,” said Mr Giti.
Section 37 of the Public Service Commission Act states that where a vacancy in a public office is to be filled, the commission or authorised officer shall invite applications by advertising the vacancy in the NCIC website, at least one daily newspaper of nationwide coverage, the radio and other modes of communication, so as to reach as wide a population of potential applicants as possible.
Sub-section two says the commission or an authorised officer shall ensure that an invitation for application does not discriminate against any person with the advertisement conducted in an efficient and effective manner so as to ensure that the applicants, including persons who for any reason have been or may be disadvantaged, have an equal opportunity to apply for the advertised positions.
Senator Chute castigated NCIC for engaging in a flawed process, despite being an institution mandated to audit others on compliance with the law during recruitment.
“You are telling this committee that you have 22 people working with you illegally. Will I be wrong if I say you denied other Kenyans the opportunity to be employed in order to employ your relatives and friends?” posed Mr Chute.
Nominated Senator Consolata Nabwire added: “We should as a committee declare this recruitment null and void and let the EACC swing into action.”
NCIC is headed by Dr Samuel Kobia as its chairperson, Dorcas Kedogo as the vice chairperson and commissioners: former MPs Philip Okundi (Rangwe), Abdulaziz Ali Farah (Mandera East), Dr Danvas Makori, Sam Kona, and Wambui Nyutu.
In a notice dated November 4, 2025, Interior Cabinet Secretary Kipchumba Murkomen declared eight positions at the commission vacant, setting stage for the commencement of the search for a new leadership team.
“Because they were leaving office, they decided to employ people illegally. We are going to write to the EACC to move in and commence investigations into this matter with a view to prosecuting individuals found culpable,” said Senator Chute.
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