High Court: KRA’s Recruitment Favours Kikuyu and Kalenjin

The Kenyan High Court has ruled that the appointment of 1,402 revenue service assistants by the Kenya Revenue Authority (KRA) was unconstitutional.

The judgment, delivered by Justice William Musyoka, cites a significant imbalance in the ethnic makeup of the new hires, favouring individuals from the Kikuyu and Kalenjin communities. This case highlights the ongoing challenge of ensuring equitable representation in the Kenyan public service. The court’s decision stems from concerns over the recruitment process, which resulted in a disproportionate allocation of positions to certain regions.

While the Kikuyu and Kalenjin communities, representing approximately 32% of the Kenyan population, received over half of the available positions (56%), the remaining 41 ethnic groups were allocated only 44%. As emphasised, this disparity contravenes the Kenyan Constitution’s principles of fairness, justice, and inclusivity. The case originates from a lawsuit filed by Peter Orogo who challenged the recruitment process due to its alleged bias towards specific constituencies with close ties to KRA chairman Anthony Mwaura.

Orogo pointed out that these constituencies received a significantly higher number of appointments compared to other regions, raising concerns about potential influence and a lack of transparency in the selection process. In his defence, Mwaura explained the use of aptitude tests as a selection method due to the overwhelming number of applicants. He maintained the fairness and integrity of the tests, claiming they were conducted transparently and without any manipulation.

However, the court determined that regardless of the selection method, the recruitment process ultimately failed to adhere to the constitutional mandate for diverse representation in public service. The case clarifies the crucial task of ensuring equal opportunities for all citizens, irrespective of their ethnic background. According to a 2023 report from the National Cohesion and Integration Commission (NCIC), the distribution of employment across all 47 counties in Kenya is heavily biased.

The study reveals that the Kalenjin and Kikuyu communities are leading in terms of representation. The report further specifies that the top 10 communities dominating the county public service are as follows: Kalenjin at 15.45%, Kikuyu at 15.40%, Luhya at 13.00%, Luo at 9.15%, Kamba at 8.73%, Kisii at 7.50%, Mijikenda at 5.08%, Meru at 4.78%, Somali at 4.31%, and Maasai at 4.00%.