A recent ruling by the High Court in Busia has shaken the Kenya Revenue Authority (KRA), as it declared the recruitment of 1,406 revenue service assistants unconstitutional. The court’s decision stemmed from a petition filed by Peter Kabinga on October 12, 2023, which highlighted significant disparities in the recruitment process.
According to Kabinga’s petition, a staggering 785 out of the 1,406 recruits hailed from just two ethnic communities in Kenya. This stark disproportion raised concerns about fairness and equal opportunity in the recruitment drive. Additionally, the petition identified Anthony Mwaura, Chairman of the Board of Directors of KRA, and Humphery Wattanga, the KRA Commissioner General, as respondents in the case.
Kabinga underscored the influence of Eng. Mwaura’s roots in Thika, Kiambu, and Kiharu in Murang’a, alleging that these areas benefitted disproportionately from the recruitment. He pointed out that while Thika town constituency secured 50 slots and Kiharu constituency obtained 40 slots, other regions like Kitutu Chache, Funyula, Kisumu East, Bomachoge Borabu, and Teso North were allocated only one slot each.
Eng. Mwaura defended the recruitment process, emphasizing the overwhelming number of applicants and the logistical challenge of conducting physical interviews. Furthermore, he clarified that aptitude tests were utilized, with recruitment prioritizing merit based on test scores, followed by considerations for regional balance and ethnic diversity.
The High Court decides
In response to the petition, the High Court ruled that the recruitment exercise violated constitutional principles outlined in Articles 10, 27, 56, and 232 (g) (h) (i). Justice William Musyoka issued an order barring KRA from further recruitment until an ethnic diversity and regional balance policy, aligned with constitutional values, is established within 30 days.
Finally, this landmark ruling underscores the judiciary’s commitment to upholding fairness and inclusivity in public sector recruitment processes. It serves as a reminder to institutions to prioritize equitable representation and diversity in their workforce, in accordance with Kenya’s constitutional principles.
