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    MPs to consider OAG proposed amendments to cohesion law

    KahawaTungu ReporterBy KahawaTungu ReporterApril 16, 2025No Comments3 Mins Read
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    cohesion law
    Auditor General Nancy Gathungu.[COURTESY]
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    The National Assembly Committee on Cohesion and Equal Opportunities welcomed a proposal by the Office of the Auditor General (OAG) to amend the National Cohesion and Integration Act, 2008, to strengthen efforts towards promoting nationalism.

    According to Auditor General, Nancy Gathungu, the proposal seeks to align the law with constitutional principles on inclusion and equal opportunities.

    During the session held at Parliament Buildings today, Committee Chairperson Adan Yussuf Haji asked Ms. Gathungu to submit her proposed amendments for consideration.

    The session was part of an inquiry into the OAG’s compliance with employment diversity requirements.

    Gathungu emphasized that the proposed amendments should prioritize 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, 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 marginalized groups, minorities, women and PLWDs are underrepresented in senior roles but overrepresented in lower cadres,” she explained.

    Haji, while welcoming the proposals, noted they would complement amendments the Committee has already proposed to the Act.

    However, Members expressed concerns over the OAG’s current non-compliance with the requirement that at least five 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 specialized and complex, which makes it difficult for these groups to participate effectively,” Gathungu explained.

    Committee Vice – Chairperson 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.

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    Auditor General Nancy Gathungu Committee on Cohesion and Equal Opportunities
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