Ethnicity the hard nut to crack for Grand Coalition

By Juma Kwayera

The spectre of ethnicity in the Public Service and State corporations threatens to stoke further hostilities in the fragile Grand Coalition Government.

This follows a demand on the Head of Civil Service Francis Muthaura to furnish Parliament with data on ethnic composition of all departments and parastatals.

Muthaura directed Permanent Secretaries to take action on ethnic imbalances in the Civil Service ahead of the deadline set in April by the Parliamentary Committee on Equal Opportunities that expires this week.

However, it emerges Muthaura’s directive was nothing more than populist rhetoric with the implementing agency, the National Cohesion and Integrity Commission (NCIC).

"We are in the process of auditing State corporations. However, there is a misplaced belief that we are going to recommend sacking of workers from communities that have exceeded the threshold. These workers or corporations did not break any law as it did exist prior to 2008," says NCIC Chairman Mzalendo Kibunjia.

He adds: "Some of the evidence we have come across is overwhelming. State corporations are the most rotten in terms of ethnic imbalances in staffing. Chief executives of some of the parastatals we have audited abused their powers with impunity. We are going to recommend the transfer of workers to give the State corporations a national character."

Nepotism is reportedly fraught in the ministries of International Security, Finance and Defence, putting the Government under pressure to resolve it without further straining the tenuous ethnic relations.

A month ago, Parliament nullified the appointment of Medical Training College Principal Olang’o Onundi on the basis of his ethnicity. According to the Delegated Legislation, Health and Equal Opportunity Committee report, the appointment of Dr Onundi by Medical Services Minister Anyang’ Nyong’o was irregular.

However, Mr Stephen Gichuki, who was identified by the acting Transport Minister Amos Kimunya as the head of Kenya Airports Authority, survived the axe.

Earlier, former Transport Minister Chirau Ali Mwakwere was in a spot over the choice of Mr James Mulewa as Kenya Ports Authority boss.

Sports Minister Helen Sambili is also in a spot over her choice of Mr Benjamin Sogomo as the chief officer of the Sports Stadia Management Board.

Dr Kibunjia says the true picture of the ethnic composition in State institutions will become known when last year’s population census results are published.

Parliamentary Committee on Equal Opportunities Chairman Mohammed Affey acknowledges the gravity of the situation, terming it "as serious as cancer" that affects service delivery and promotes marginalisation of the minority.

"There is need for Kenyans to know how tribe has been used to disproportionately allocate resources and jobs to non-deserving regions and individuals. We are happy Muthaura has promised to give us this week the report on ethnic composition in the Civil Service. We shall ensure action is taken so Government offices reflect the face of Kenya," he says.

Affey says the big tribes dominate public service employment thus precipitating a situation where politicians want jobs in their provinces reserved for local people. Coast Province has been vocal in demanding senior positions at the Kenya Ports Authority be reserved for locals, just as is the case in the sugar belt in western Kenya.

The 1999 population census shows the Kikuyu, Luo and Luhya as the largest communities in the country.

Affey says a parliamentary committee survey shows the ministries of Defence, Internal Security, Finance and public universities are among institutions likely to be affected by mass transfers in keeping with National Cohesion and Integration Commission Act, which criminalises employment in public service on the basis of tribe, gender, religion or geographical location.

The Act restricts ethnic composition of a Government department to less than 30 per cent of the workforce. The law is an important pillar in the implementation of Agenda IV of the National Accord, an outcome of post-election violence.

The Accord mediated by former UN Secretary-General Kofi Annan says ethnic balancing in the Civil Service is necessary as a means of healing the nation from historical injustices.

NCIC is tasked with implementation of the law that also criminalises ethnic profiling and hate speech. Three months ago, Muthaura directed PSs to ensure staffing in the ministries reflect the face of Kenya. However, the directive has not been effected owing to its sensitivity and legal obstructions.

In the run up to the 2007 General Election, ethnic composition in the Civil Service was a major election campaign issue, with Kibaki and his party forced to respond to accusations of nepotism in the military, police and Treasury.

As the ‘big tribes’ take the flak for exercising tribalism in key appointments, the flipside of it is that heightened political competition among the ‘big tribes’ has accorded minority communities leadership opportunities. Through piecemeal appointments over time, members of the hitherto marginalised communities are slowly joining several sectors of Government.

From the nomination of MPs to the Tenth Parliament to diplomatic postings to the House committees recently constituted by the Abdikadir Mohammed-led Committee on Administration of Justice and Legal Affairs, individuals from northern Kenya have dominated appointments.