Kenya’s public sector continues to face significant challenges in adhering to constitutional mandates on diversity and inclusion, according to a report presented by Auditor General Nancy Gathungu to the Senate Standing Committee on National Cohesion, Equal Opportunity and Regional Integration.

The latest audits reveal that many national and county government institutions have failed to meet affirmative action targets, especially regarding the employment of persons with disabilities, gender balance, and ethnic representation.

Key Findings on Disability Inclusion

  • Several public institutions recorded employment of persons with disabilities below the constitutional minimum threshold of 5%, with figures ranging between 0.6% and 3.4%.
  • In the 2024-25 financial year, 14 government ministries, departments, and agencies (MDAs), including donor-funded programs, did not comply with these disability employment requirements.
  • County governments showed even lower compliance, with 11 county executives employing persons with disabilities at rates between 1% and 1.5%.
  • Additionally, six counties retained 157 employees beyond the mandatory retirement age for persons with disabilities, contravening statutory rules.

Irregular Recruitment Practices

  • The audit uncovered widespread irregularities such as unauthorized acting appointments, delayed recruitment processes, and hiring outside approved staffing structures.
  • At the county level, nine counties were identified for recruitment without approval from County Public Service Boards, undocumented recruitment procedures, and employing staff beyond approved establishments.
  • A payroll audit covering 2021/22 to 2023/24 found 21 counties engaged in irregular recruitment, with 17 counties having nearly 2,000 employees promoted or appointed without meeting scheme of service requirements.

Ethnic and Gender Representation Concerns

  • Twenty-eight county executives had more than one-third of their workforce drawn from the dominant local ethnic groups, violating the National Cohesion and Integration Act.
  • Twenty-three counties failed to meet the rule requiring at least 30% of entry-level positions to be filled by candidates from non-dominant ethnic communities.
  • Some institutions also did not comply with the constitutional two-thirds gender rule, further undermining gender equity goals.

Root Causes and Implications

Auditor General Gathungu attributed these failures to weak human resource governance, inadequate internal oversight, and a lack of systematic monitoring and reporting on diversity metrics. She warned that discrimination and inequality in public institutions risk eroding public trust and confidence, especially when they affect service delivery.

"Where it occurs in the delivery of public services, it further undermines public trust and confidence in public institutions," she stated.

The Auditor General’s office pledged ongoing support to Parliament through financial, compliance, and performance audits aimed at closing diversity and inclusion gaps across the public sector.