The High Court on Monday nullified the hiring of 1,406 Kenya Revenue Authority personnel who were hired to fill the KRA Service Assistants positions
According to reports, the court found out that the authority filled majority of the positions from two communities contrary to the law.
According to KRA, the two communities got more slots because of the high number of application came from the Kikuyu and Kalenjin communities. However, their explanation was not supported by statistics they presented in court.
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Delivering the rulling, Justice William Musyoka said that a bigger percentage of the advertised slots were allocated two communities in violation to the law of inclusivity, diversity and regional balance.
“A declaration of June 2023 recruitment of 1,406 KRA Service Assistants was unconstitutional as it offends the preamble to the constitution and the provisions of articles 10,27,56 and 232 (g) (h) (i).”
This rendered the hiring of a total of 1,406 Revenue Service Assistants unconstitutional and therefore null and void, throwing out the appointment of over one thousand personnel.
The court also indicated that the advertisement by the Kenya Revenue Authority indicating that the graduate trainee roles was limited to under 28 years was also unconstitutional.
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“A declaration of the 9th of October 2023 in advertisement of 600 graduate trainees to the extent it limits employment opportunities to youth of 28 years is unconstitutional as it offends the preamble of the constitution in article 10,27,56, 232 and 260 of the constitution.”
The court therefore directed the authority to stop and avoid further recruitment until it establishes a policy that upholds ethnic diversity & regional balance. The policy should be in place within 30 days.
“Without clear policy guidelines on these matters, the Kenya Revenue Authority is likely to engage in another recruitment with similar results, something which would entrench a staff establishment heavily skewed in favour of some communities to the disadvantage of other communities.”