The Government suffered a major blow after the Busia High Court declared that hiring 1,406 Revenue Service Assistants by the Kenya Revenue Authority (KRA) was unconstitutional as it did not meet ethnic diversity.
A judgement rendered by Justice William Musyoka found that the recruitment conducted by KRA in June 2023 was illegal as it violates Articles 10, 27, 56 and 232 of the constitution.
"I have found that the recruitment did not accord with Article 232(1)(b)(1) of the Constitution, therefore, that rendered the same unconstitutional," Justice Musyoka ruled.
In his decision, the judge also found that the October 2023 advertisement for the recruitment of 600 graduate trainees by KRA was unconstitutional and violated Articles 10, 27, 56, 232 and 260 of the Constitution.
"I hereby issue a declaration that the October 9, 2023 advertisement for 600 graduate trainees, to the extent it limits employment opportunities to youth of 28 years, is unconstitutional as it offends the preamble to the Constitution and Articles 10, 27, 56, 232 and 260 of the Constitution," Justice Musyoka ordered.
He further barred the Board Chairman of the Kenya Revenue Authority and the Commissioner General of KRA from recruiting and appointing staff at all levels until they meet the constitutional threshold of ethnic diversity and regional balance.
"An order barring the respondents from recruiting and appointing staff at all levels, until an ethnic diversity and regional balance policy is deployed, giving effect to the values and principles stated in the preamble and Article 232(g)(b)(i) of the Constitution which policy should be in place within 30 days of this order," Musyoka directed.
The orders were issued after Peter Kabinga Orogo lodged a petition in court last year in October challenging the recruitment process on grounds that about 55.8 per cent of persons hired are from two communities and not representative of the data from the last population census.
