Wangui Githugo and Clement Kamau @PeopleDailyKe
National Cohesion and Integration Commission (NCIC) will move to court if Kiambu County Assembly ignores the commission’s advisory opinion on the recently passed motion requiring all firms in the area to hire 70 per cent local workforce.
Chairman Francis Kaparo criticised the Assembly for passing “an illegal” motion and warned others against trying to go the Kiambu way. Addressing journalists in Nairobi yesterday, he said the motion is unconstitutional and will set a bad precedent in the country because it will jeopardise cohesion and integration efforts in the country.
Kaparo urged the public, employees and employers to ignore the motion saying it contravenes the Constitution, NCIC Act and the Employment Act.
The former National Assembly Speaker said the 70/30 rule only applies to staff employed by the County Public Service Board as stipulated in Section 65 of County Governments Act which does not bind national institutions whether public or private within the county.
“The commission calls on county assemblies to not only enact laws that address challenges in their jurisdictions but also to bear in mind that such laws must promote the harmonious relations of all people living within the county,”he said.
The motion has however been hailed by other county assemblies such as Kilifi which is expected to hold a special sitting to discuss the same motion. “While we recognise the independence of the county governments and by extension county assemblies mandated to enact legislation for their respective counties, we remind the concerned parties that such legislations or motions ought to be in line with the Constitution,” added Kaparo.
He said the representation of diversity in employment in national institutions is guided by the Constitution. However, Kiambu Governor Ferdinand Waititu dismissed those faulting the motion saying that the same was being exercised in many other counties, though discreetly. He said the remaining 30 per cent was enough to accommodate employees from other areas noting that respective counties should devise ways of creating jobs.