Questions/Answers

In 2007, Kenya experienced the worst violent conflict ever seen following a disputed General Election. Although the violence was triggered by a purportedly rigged election, it was founded on longstanding grievances which also divided Kenyans along ethnic lines. The Kofi Annan mediation process engendered several institutions including the NCIC, which was born vide the National Cohesion and Integration (NCI) Act No. 12 of 2008. Section 7(1 & 2) of the Act requires all public establishments to represent the diversity of the people of Kenya in employment by recruiting no more than one third of their staff from one of the 42 (plus) ethnic communities in Kenya. This is reinforced by the requirement of the Kenyan Constitution which, in Article 232 (1) (h), espouses the need for “representation of Kenya’s diverse communities” as one of the values and principles of the public service. In a bid to curb ethnic discrimination in public employment, NCIC sought to undertake an audit of the entire public service, which was categorized in sectors as follows: the civil service comprising of Government Ministries and Departments; Public Universities and their Constituent Colleges; State Corporations; County Governments and Commissions. The first audit of Universities took place in 2012 sampling all the seven public universities and sixteen constituent colleges. The second one was done in 2016 sampling all the 22 public universities and nine constituent colleges. Both studies used the Census method. This exercise sought to improve the contribution of institutions of higher learning to SDGs 4 and 16 which advocate for inclusive and equitable quality education as well as effective, accountable and inclusive institutions respectively. The results thereof included improved compliance by Universities to section 7(2) of the NCI Act, enhanced representation of minority groups in university employment and overall cohesion between ethnic groups in Kenya.

The project had the following objectives: a) To establish ethnic diversity in the employment of Institutions of higher learning in Kenya b) To assess the compliance of these institutions with Section 7(2) of the National Cohesion and Integration Act, No. 12 of 2008 c) To provide information that can be used in inclusive employment policy-making processes

While public discourse on equitable distribution of public resources was present since independence, the NCI Act boldly put into law a threshold in public employment. This marked the beginning of evaluating equitable distribution of public service employment. It was also the first time that ethnic audits were being undertaken in Kenya using the census method. Before then, communities felt marginalized and discriminated but had no basis and avenues for redress. The audits sought to impact on ethnic minorities by ensuring their inclusion into public employment. This Audit impacted directly on specific community groups such as the Orma who were completely excluded from university employment in 2012 but were later deployed following study recommendations and the Ilchamus whose numbers were increased among others. Representation of Diversity and equitable distribution of public employment as a resource is highly transferable. In 2008, the NCI Act only made provision for the composition of staff in national public establishments as having not more than one third from the same ethnic group (NCI Act, 2008). When devolution was adopted under the Constitution of Kenya (2010), the threshold was modified to have not more than 70% of staff from the same ethnic group (CGA, 2012).

An inclusive and diverse work force promotes efficiency and effectiveness in the delivery of services in the public sector. The project has ensured an inclusive work force where ethnic minorities are accorded space to work and grow in the profession through affirmative action among other strategies. Additionally, the mode of teaching and quality of content can be improved by the diverse experiences from the various cultural and regional backgrounds of the employees. This also presents diverse perspectives which create potential for better problem solving, creativity and innovation in the work force. The establishment of Cohesion Committee in Universities ensures compliance with the NCI Act during recruitments by identifying communities not represented and ensuring representation of the same in subsequent recruitments. A diverse workforce enhances public trust in institutions of higher learning by eliminating feelings and perceptions of marginalization, disenfranchisement and discrimination hence creating a sense of belonging. Additionally, ethnic diversity in the labour force improves organizational performance hence improving delivery of public services. Since most academics derive research problems from their environment, a diverse research team will ensure that social problems of all communities and/or regions in the country are studied to fulfill their research mandate

This project addresses itself to the issue of equitable distribution of public employment as a public resource. As such, it seeks to tackle one governance obstacle of service delivery in the public service i.e. exclusion of minority ethnic groups. Kenya has 42 plus ethnic communities with varied sizes. Some of these communities, particularly the minority communities, feel marginalized and excluded from public employment of all sectors of Government. Since the inception of this project in 2011, significant improvement has been noted in regard to inclusive recruitment as well as compliance to diversity legislation such as the NCI Act and the Constitution of Kenya, 2010.

These Audits have addressed the exclusion and/or under-representation of minority ethnic communities from university employment. In 2012, there was a notable exclusion of some ethnic groups such as the Gabbra, Orma, Burji, Gosha, Dasenach and Njemps among other minorities. In 2016, the audit recorded the deployment of 1 Orma, 3 Gabbra, 1 Burji and 4 Njemps. The Commission continues to lobby for the inclusion of Dasenach and Gosha communities that are still excluded. Some of the groups such as the Nubi and the Ilchamus who were under-represented in 2012 are now relatively well represented.

Despite the fact that most scholars have identified inequality and inequitable distribution of public resources as a root cause of conflict in Kenya, no national process had ever sought remedy for this structural problem. The inaugural intervention was procured when the NCI Act was enacted boldly stipulating a threshold to be used in the sharing of public employment. This marked the beginning of evaluating equitable distribution of public service employment. The attendant procedure of auditing public institutions was first done in 2011 using the Census method where all Universities and their constituent colleges were required by law to submit their personnel data.

This project is original. It started with the recognition that equitable distribution of resources is at the core of conflict resolution between ethnic communities in the Kenyan context. Specifically, public employment used the overriding principle of meritocracy which gave primacy to ethnic communities that had benefited from educational opportunities and excluded communities without this advantage. As such, exclusion and inequitable sharing of public employment was cyclical in nature. To settle on the one third rule of section 7(2) of the NCI Act, the Kenyan parliament engaged in heated discussions over a long period of time. Today, institutions must embrace inclusive recruitment which puts the principles of meritocracy and representation of diversity at par.

The project used financial, human and material resources. This included financial resources to a tune of Kshs 15Million that covered transport, conference facilities and accommodation allowance, editing, publishing, launching and dissemination of the report. The project deployed 50 project personnel and also used materials such as equipment and vehicles.

Si

Successful ethnic audit of the public universities inspired similar initiatives in other public sector institutions since public service is the largest employer in Kenya. Ethnic audit in the public sector included audit of employees in the civil service, Independent Commissions, Parastatals and the 47 County Governments of Kenya. The process of undertaking the ethnic and diversity audits involved data collection of ethnic representation in the respective institutions, data analysis, validation and dissemination of the findings. As a result of the audit there has been notable improvement in recruitment and adherence to the provision of NCI Act, CGA and the Constitution. This has enhanced inclusion and representation in employment in the public service.

The Commission carries out Ethnic and Diversity audit of public institutions every two years. Currently, the Commission is in the process of establishing an online reporting portal where all public institution will be transmitting their ethnic audit data periodically. This is cost effective, timely and ecofriendly. Continuous ethnic and diversity audit of public institutions will ensure inclusion and representation of all ethnic groups thus promoting national cohesion and integration.

Recruitment and selection in the public service is a continuous process hence the need for regular ethnic audits to ensure compliance and adherence to the NCI Act 2008. In addition compliance with the NCI Act and CGA among public institutions has remained a challenge hence the need for regular ethnic audits and monitoring.Although a lot has been done in sensitizing all the recruiting bodies in all public institutions, a lot still needs to be done as compliance is affected by lack of understanding the rules or poor interpretation of the same.

Si

The evaluation entailed stakeholders meetings which involved personnel from the Ministry in charge of higher education, Vice Chancellors of all the Public Universities and Constituent Colleges, representatives of religious organizations and civil society organizations and mainstream government ministries and consultants. The Commission developed and administered a questionnaire to all the institutions and the feedback was collated and analyzed. The stakeholders highly recommended and approved the research methodology and the findings and were ready to collaborate with the Commission to ensure compliance of all the universities to create inclusivity.

Following the ethnic audits the general trend has shown that representation of diversity in universities has improved with the inclusion of certain communities that were totally excluded in 2012 such as the Orma. Additionally, minority communities such as the Ilchamus have increased their numbers in employment. Based on the analysis of the 22 public universities and nine constituent colleges, the findings indicated an increase in the number of institutions that complied with section 7(2) of the NCI Act from three in 2012 to five.

• Number of ethnic groups represented in the university employment. • Number of universities that comply with the NCI Act 2008. • Number of recommendations made for policy development on recruitment.

To ensure successful implementation of the initiative the Commission engaged various stakeholders who included Ministry in charge of higher education, Commission for University Education, Vice Chancellors of all the Public Universities, and Constituent Colleges, Faith Based organization, civil society organizations, private sector and mainstream government ministries and consultants.The stakeholders were engaged in development and review of the research methodology, data collection tools and validation of data and research findings.

The lessons learnt include: • Tribalism in Kenya still dictates how public resources are distributed including recruitment. • There is lack of diversity in universities which has negatively impacted on innovation and ability to find solutions for societal problems through research. • Skewed representation of the university staff affects the progress and development of students. • Due to the domination of certain ethnicities in some departments students from the same ethnic communities enroll in the said departments with the perception that they will have an easier time to undertake their studies, consequently compromising the quality of education. How the initiative can be improved: • Increased funding to undertake regular ethnic audits in universities; • Submission of ethnic data through online portal; • Continuous capacity building for recruitment bodies in the institutions to ensure compliance with the NCI Act 2008; • Universities to strengthen the cohesion committees; • CUE to institutionalize cohesion common course in all universities.