KRA appointments favour Kikuyu and Kalenjin, High Court declares

Other areas got only one appointee each.

This is why Justice Musyoka found KRA to be an enclave of the big ethnic groups that are ostensibly close to power.

"I am not invited to nullify the recruitment, but to assess whether the process of that recruitment met the standards in Article 232 of the Constitution, as read with the preamble, and Articles 2, 10, 27 and 56 of the Constitution. I find that there was non-compliance, the consequence would be that the recruitment was done in a manner that violated the Constitution, and would be invalid. My hands are tied. I have found that the recruitment did not accord with Article 232(1)(h)) of the Constitution, and, therefore, that rendered the same unconstitutional," ruled Justice Musyoka.

Article 27 of the Constitution guarantees Kenyans not to be discriminated against based on their ethnic background. This was the main contention in the case.

The judgment comes against the backdrop of National Cohesion and Integration Commission (NCIC) raising similar concerns about imbalances within the public service.

KRA Revenue Service Assistants during their pass-out parade at the Kenya Defense Forces Recruits Training School in Eldoret on August 25, 2023. [Courtesy)

He argued that the two constituencies got a total of 90 slots, which was in excess of what some counties got, such as Busia County which had 13 slots, Kisii County 19 slots and Makueini County 15 slots.

Orogo asserted that awarding the two constituencies associated with Mwaura the lion's share of slots breached constitutional principles on equity, social justice, inclusiveness and protection of the marginalised, good governance, integrity, transparency and accountability.

Mwaura said the exercise attracted many applicants, that physical interviews could not be conducted.

According to him, KRA opted for aptitude tests, and those with the highest scores were recruited.

He claimed the aptitude tests were not interfered with, as the candidates had already been informed that that was going to be the mode of selection.

He claimed that 23,953 applications came from the Kikuyu community and 22,571 were Kalenjin applicants, out of a total of 127,117.

He denied exerting any influence on the recruitment.

On capping the age to 28, he said the programme targets fresh graduates.