Parliament has opened an inquiry into the recruitment of 1,406 revenue service assistants (RSA) after it emerged that 133 candidates were dismissed after being subjected to HIV and pregnancy tests.
The National Assembly’s Committee on National Cohesion and Equal Opportunity says it will investigate the skewed recruitment by the Kenya Revenue Authority (KRA) in June 2023.
The decision to open a full-scale inquiry followed revelations by KRA Commissioner-General Humphrey Wattanga that a total of 133 candidates were eliminated on medical grounds.
Mr Wattanga told the committee chaired by Mandera West MP Adan Haji that the results of the 133 were confidential.
“The RSA programme had a paramilitary training element. A total of 133 candidates were eliminated on medical grounds,” Mr Wattanga said. “The results were confidential and the doctor did not disclose to the KRA the details in line with their professional ethics and principles.”
The inquiry comes barely two weeks after the High Court said the recruitment process was unconstitutional.
Justice William Musyoka ruled that the exercise was heavily skewed in favour of the Kikuyu and Kalenjin communities, disadvantaging others.
The court said the KRA, being a public body, should afford adequate and equal opportunities for appointment, training and advancement at all levels to members of all ethnic groups and persons with disability.
The judge ruled that the recruitment of the 1,406 revenue service assistants offends the preamble to the Constitution and the provisions of Articles 10, 27, 56 and 32 (g)(h)(i) of the Constitution.
Rispah Simiyu, the KRA commissioner for domestic taxes, said the Kenya Defence Forces (KDF), which conducted paramilitary training on the 1,406 RSAs “always subject recruits to HIV/AIDs and pregnancy tests.”
“The KRA has an HIV/AIDs Workplace Policy which does not discriminate against individuals based on their HIV/AIDs status,” Mr Wattanga said.
“The RSA has a dimension of paramilitary training, which requires physical fitness and protection of life during training. This approach was purely anchored on [sic] health and safety for this group of persons to help maintain training readiness and reduce risk to potential recruits.”
The committee, however, demanded to know why the 133 recruits were dismissed given that the Constitution and the Employment Act prohibit discrimination in hiring based on health status.
“There is no doubt that gross violation of rights has been committed in the recruitment of the RSA. Just accept that you have grossly violated over 20 Articles of the Constitution and the relevant laws on human rights,” Mr Haji said.
“We will retreat and make a decision on the next step. The mood of my members is that we open a full inquiry into this recruitment.”
Mr Wattanga told the committee the recruitment of the assistants is still subject to a court process after the Busia Court directed the KRA to put in place an ethnic diversity and regional balance policy within 30 days.
Mr Wattanga explained that the RSA programme has helped the KRA to collect Sh180.59 million over the last six months.
"The field officers have played a crucial role in supporting KRA's efforts to collect additional revenue and tackle tax evasion," Mr Wattanga said, adding that the field officers have been instrumental in identifying 20,551 unregistered taxpayers and bringing an additional 10,515 taxpayers into compliance with various tax obligations.
The KRA says recognising the challenges faced by field officers in dealing with diverse taxpayers and complex tax evasion schemes, it provided comprehensive training to equip the recruits with both tax knowledge and paramilitary skills.
"The paramilitary training aimed to instil values such as discipline, dedication, perseverance, courage, and commitment in their service to the Kenyan people."
The KRA said that it respects the decision made by the court and is reviewing its Diversity and Inclusion Policy to address the concerns raised.
The High Court has, however, stayed and suspended its judgment for 30 days with effect from March 1, 2024.
Ndhiwa MP Martin Owino triggered the debate on the need for a full inquiry and was backed by Irene Mayaka (Nominated), Ong’ondo Were (Kasipul), Oku Kaunya (Teso North), and Dancun Mathenge (Nyeri Town).
Ms Mayaka said the recruitment of the RSAs “seems to have been decided elsewhere” and, therefore, outside the power of the commissioner-general.
Mr Kaunya drew the attention of the committee to the skewed distribution of the RSA slots across the 290 constituencies.
He cited Thika Town Constituency which received 50 slots against Teso North with only one slot.
Mr Were termed the expulsion of the 133 candidates as null and void, arguing it is against the laws of the country.
“KRA should explain why we shouldn’t force them to absorb the 133 with immediate effect,” he said.
