A fresh confrontation is looming between county governments and the Senate after lawmakers unveiled a fresh proposal to centralise the hiring and firing of county staff.

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The Senate National Cohesion, Regional Integration and Equal Opportunities Committee is considering amendments to the County Governments Act to abolish the 47 County Public Service Boards and their assembly counterparts.

In their place, senators want to establish a single national agency—modelled along the Public Service Commission—to oversee recruitment and human resource management across all counties.

The proposal, spearheaded by committee chairperson and Marsabit Senator Mohamed Chute, is aimed at addressing persistent ethnic imbalances in county staffing, which lawmakers say undermine national cohesion and violate existing legal thresholds.

The changes would also allow for the inter-county transfer of staff.

Currently, Sections 12, 57 and 59 of the County Governments Act mandate the establishment of County Assembly Service Boards and County Public Service Boards.

These bodies are responsible for creating offices, appointing staff, exercising disciplinary control and overseeing human resource functions within county governments and assemblies.

However, senators argue the decentralised hiring framework has entrenched ethnic favouritism, with most counties overwhelmingly employing staff from dominant local communities.

“All the communities that come before us—whether in county governments or assemblies—are largely employed from their own ethnic groups, whether tribal or clan-based,” Chute said.

“What we are trying to do is to establish a bigger body that can support counties in recruitment while ensuring diversity is upheld.”

Data presented to the committee paints a stark picture of ethnic dominance in county staffing.

A report tabled last year revealed that several counties have more than 90 per cent of their workforce drawn from a single ethnic group.

For instance, Bomet county has 97.28 per cent of its staff from the Kipsigis community, while Homa Bay has 96.98 per cent Luo employees.

In Samburu, 96.65 per cent of workers are from the Samburu community.

Kirinyaga county has 96 per cent Kikuyu staff, Nandi 95.67 per cent Kalenjin, while Nyamira and Kisii counties have 95 per cent and 94.28 per cent Kisii employees, respectively.

Nyandarua and Nyeri counties also report more than 93 per cent Kikuyu dominance, with Murang’a at 93 per cent.

Similar trends are evident in other regions, with Baringo recording 92.93 per cent Kalenjin staff, Makueni 92.63 per cent Kamba, Wajir 91.05 per cent Somali, and Kakamega 90.68 per cent Luhya.

These figures are in clear breach of Section 7(2) of the National Cohesion and Integration Commission Act, which stipulates that no public institution should have more than one-third of its staff drawn from a single ethnic community.

Chute said the proposed reforms would not only enforce compliance with the law but also facilitate inter-county staff transfers to promote diversity and national integration.

“For example, you may find a county like Murang’a employing up to 95 or 98 per cent Kikuyus, while others record similar dominance.

To address this, we need one central organisation that can recruit for all counties and enable staff transfers across the 47 counties,” he said.

The senator acknowledged that factors such as historical settlement patterns and climatic conditions have contributed to the current disparities, noting that some professionals may be reluctant to work in regions with different environmental conditions.

“In some cases, people cite historical issues or even weather conditions—for instance, someone from Garissa may be reluctant to work in Murang’a. But these challenges can be addressed through a structured, national system,” he added.

Under the proposed framework, the new body would mirror existing national institutions such as the Public Service Commission, Parliamentary Service Commission and Judicial Service Commission, which independently manage staffing within their respective arms of government.

While the focus is currently on county public service boards, Chute indicated that the reforms could eventually extend to county assembly service boards, given that similar challenges exist in both institutions.

“The broader objective is to fix the counties as a whole. Once that is addressed, issues within county assemblies will be easier to manage,” he said.

The committee plans to subject the proposals to public participation before introducing amendments in Parliament.

INSTANT ANALYSIS

The Senate’s proposal to centralise county hiring signals a major shift in devolved governance, aimed at curbing ethnic dominance in staffing that violates cohesion laws. By replacing county service boards with a national body, senators seek to enforce diversity and enable inter-county staff transfers. However, the plan risks a fresh standoff with governors, who may view it as an erosion of devolution and local autonomy, despite its potential to promote inclusivity and national integration.