The Office of the Auditor General (OAG) has proposed amendments to the National Cohesion and Integration Act, 2008, to strengthen efforts towards promoting nationalism.
The Auditor-General, Ms Nancy Gathungu, told the National Assembly Committee on Cohesion and Equal Opportunities that the Act hinders public institutions from effectively adhering to regulations that promote national cohesion and integration.
In her proposals to the Committee during a meeting, Gathungu seeks to align the law with constitutional principles on inclusion and equal opportunities.
Committee Chairperson Adan Yussuf Haji asked Gathungu to submit her proposed amendments for consideration.
The session was part of an inquiry into the OAG’s compliance with employment diversity requirements.
Ms Gathungu emphasised that the proposed amendments should prioritise the inclusion of lower cadre staff and persons living with disabilities (PLWDs).
“These recommendations encourage public institutions to go beyond mere compliance, which is the spirit of the Constitution,” she said.
She noted that public entities often face challenges in attracting candidates from across the country for lower-level positions such as cleaners and support staff.
Consequently, many institutions end up hiring locals from their jurisdictions, undermining efforts to promote cohesion and equal opportunities.
“Although the Act provides for affirmative action, these challenges make it difficult for public institutions to fully comply with its requirements,” she said.
To address this gap, Ms Gathungu proposed amending the law to introduce a reservation threshold for lower job grades, similar to provisions in public procurement law.
This would differ from the current stipulations in Section 7(2) of the Act.
She also recommended that the law be amended to mandate equal representation across all employment levels senior management, middle and junior ranks.
“These changes aim to address situations where marginalised groups, minorities, women and PLWDs are under-represented in senior roles but over-represented in lower cadres,” she explained.
Hon. Haji, while welcoming the proposals, noted they would complement amendments the Committee has already proposed to the Act.
However, members expressed concern over the OAG’s current non-compliance with the requirement that at least five per percent of its staff be persons living with disabilities.
Gathungu admitted that only 38 of the OAG’s staff members — representing two per cent — are PLWDs.
“We have made a slight improvement, increasing the number from 34 to 38,” she noted.
She also highlighted challenges in meeting the 30 per cent reservation requirement in public procurement for disadvantaged groups, including youth and PLWDs.
“Most of our procurement activities are highly specialised and complex, which makes it difficult for these groups to participate effectively,” Gathungu explained.
Committee Vice Chair Hon. Charles Were urged the Auditor General to ensure that PLWDs are included in upcoming recruitment drives.
He also called for awareness campaigns to help such groups understand and take advantage of available opportunities.
