TTC Taskforce Report

The Taita-Taveta County Taskforce on Nepotism and Favoritism in The Recruitment of County Government Staff
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THE TAITA-TAVETA COUNTY
TASKFORCE ON NEPOTISM AND FAVOURITISM IN
THE RECRUITMENT OF COUNTY GOVERNMENT
STAFF

Taskforce Motto: - Fair Play

June 2014

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TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS ................................................................................................................ 4
ABSTRACT ...................................................................................................................................................... 5
1.0 CHAPTER ONE: INTRODUCTION .............................................................................................................. 6
1.1 Background of Taita Taveta County .................................................................................................... 6
Population Size and Composition ......................................................................................................... 9
Sex-disaggregated Population Distribution by Constituency ............................................................... 9
Education ............................................................................................................................................ 10
1.2 Background of the Problem under Investigation .............................................................................. 11
1.3 Justification of the Investigation ....................................................................................................... 11
1.4 Purpose of Investigation ................................................................................................................... 12
1.5 Objectives of the investigation ......................................................................................................... 12
1.6 Guiding Questions ............................................................................................................................. 12
1.7 Significance ....................................................................................................................................... 13
1.8 Scope of the investigation................................................................................................................. 13
1.9 Limitation .......................................................................................................................................... 13
1.10 Assumptions .................................................................................................................................... 13
2.0 CHAPTER TWOLITERATURE REVIEW ................................................................................................... 14
2.1 NEPOTISM AND FAVORITISM ............................................................................................................ 14
2.1.1 In favor of Nepotism and Favoritism ......................................................................................... 17
2.1.2 The downside of Nepotism and Favoritism ............................................................................... 18
2.2 INTERPRETING THE BILL OF RIGHTS .................................................................................................. 19
2.2.1 Introduction to Bills of Rights..................................................................................................... 19
2.2.2 The origin of the concept of a bill of rights ................................................................................ 20
2.2.3 Actualization of the Bill of rights ................................................................................................ 21
2.3 AFRICAN MORAL THEORY ................................................................................................................. 22
2.4 Conclusion ......................................................................................................................................... 25
3.0 CHAPTER (THREE): METHODOLOGY ..................................................................................................... 28
3.1 Investigation design .......................................................................................................................... 28
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3.2 Justification of the Investigation Design ........................................................................................... 28
3.3 Study Area: ........................................................................................................................................ 29
3.4 Target population ............................................................................................................................. 29
3.5 Sampling Techniques ........................................................................................................................ 29
3.6 Sample size: ....................................................................................................................................... 29
3.7 Investigative Instruments ................................................................................................................. 30
3.8 Validity and Reliability:...................................................................................................................... 30
3.9 Data Collection techniques: .............................................................................................................. 30
3.10 Logistical and Ethical Considerations: ............................................................................................. 30
4.0 CHAPTER FOUR: FINDINGS AND DISCUSSIONS .................................................................................... 31
4.1 THE ALLEGATIONS ON NEPOTISM, FAVORITISM and OTHER MALPRACTICES ................................. 31
4.2 ALLEGATIONS ON FORMER LOCAL AUTHORITIES STAFF .................................................................. 62
5.0 GENERAL OBSERVATIONS AND RECOMMENDATIONS ......................................................... 68
5.1 Failure by the Complainants to Substantiate some Allegations ...................................................... 68
5.2 Personal Assistants to the CECs ...................................................................................................... 68
5.3 Appointment of Advisors and personal Assistants to the H.E the Governor.................................... 69
5.4 Allegations on Nepotism and Favoritism in job appointments ........................................................ 69
5.5 The Allegations on Flawed Recruitment process .............................................................................. 70
5.6 Employment of Casuals ..................................................................................................................... 73
5.7 Staff from former Local Authorities .................................................................................................. 73
5.8 Regret letters were not sent ............................................................................................................. 73
5.9 Empowering the CPSB ....................................................................................................................... 73
5.10 Limitations to this investigation ...................................................................................................... 75
6.0 REFERENCES ....................................................................................................................................... 76
7.0 APPENDICES ....................................................................................................................................... 78
7.1 TASKFORCE MEMBERS ...................................................................................................................... 78

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ABBREVIATIONS AND ACRONYMS

CEC - County Executive Committee Member
CGA - County Government Act
COK - Constitution of Kenya
CPSB - County Public Service Board
JKUAT - Jomo Kenyatta University of Agriculture & Technology
KNBS - Kenya National Bureau of Statistics
PA - Personal Assistant
PWD - Person With Disability
SID - Society for International Development

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ABSTRACT
Following allegations of malpractices in the recruitment process of the Taita Taveta County
Government staff, H.E Eng. John M. Mruttu, the Governor of Taita Taveta County, deemed it fit
to constitute a task force to carry out investigations on the matter. Allegations of nepotism,
favoritism and other malpractices had been made over the social sites such as facebook and FM
stations.
This taskforce was appointed by H.E the Governor to investigate allegations of nepotism and
favoritism in the recruitment process of staff in the County Government of Taita-Taveta. While
the latters leadership was perceived deficient by a cross section of its own electorates, with
allegations of ineffectiveness to respond positively to problems facing its residents; the Governor
found it appropriate to gather and record the grievances from the public and an investigation
done on the same before responding to these issue.
The purpose of this taskforce was to investigate allegations on the recruitment process and after
which give recommendations. Using the cluster and purposive sampling techniques as well as
collecting data using interviews and questionnaires, the investigation recommends necessary
actions deemed appropriate based on the investigation findings, guided by case studies whose
recommendations have proved successful in previous investigations.
The recommendations of this investigation process guided by supremacy of the constitution,
reason, reality, tradition, and experience are to enable the county government respond to its
residents on allegations of nepotism and favoritism.

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1.0 CHAPTER ONE: INTRODUCTION

1.1 Background of Taita Taveta County
Taita Taveta County is one of the six Counties in the Coastal region of Kenya. It is located
approximately 200 Km northwest of the coastal city of Mombasa and 360 Km southeast of
Nairobi, the capital city of Kenya. It borders Tana River, Kitui and Makueni Counties to the
North, Kwale and Kilifi Counties to the East, Kajiado County to the North-West, and the
Republic of Tanzania to the South and South-west. The County covers an area of 17,084.1 Km
2

and lies between latitude 2 46 South and 4 10 South and longitude 37 36 East and 30 14
East.
Taita Taveta County is divided into various administrative and political units crucial for
management of the County and also service delivery to the public.
In terms of political units, the County has four constituencies namely, Wundanyi, Mwatate, Voi
and Taveta. These are further divided into 20 electoral wards, otherwise referred to as County
assembly areas.
With regard to administrative subdivisions, the County is composed of four sub-County units
which follow the same boundaries as the constituencies and hence go by the same name as those
of the constituencies. The County is further divided into 32 and 90 locations and sub-locations
respectively.
The size of each of the four sub-County units, the number of electoral wards in each of these
units, the respective number of sub-locations is shown in Table 1 below (Independent Electoral
and Boundaries Commission, 2012 - 2013).

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Constituency No. of Wards Approx. Area in
Km
2

Name of Electoral
Ward
Approx. Area
in Km
2

No. of Sub-
locations
Taveta 5 626.2

Challa 207.4 5
Mahoo 51.4 6
Bomani 9.5 2
Mboghoni 169.2 5
Mata 188.7 5
Tsavo West
National Park
1

6,543.8 - 6,543.8 -
Wundanyi 4 701.3 Wundanyi/ Mbale 44.1 8
Werugha 27.2 4
Wumingu/ Kishushe 525.1 6
Mwanda/ Mgange 104.8 6
Mwatate 5 1837.6 Rong'e 132.4 7
Mwatate 343.0 3
Bura 870.5 8
Chawia 396.5 4
Wusi/Kishamba 39.5 5
Voi 6 3,269.1

Mbololo 205.5 3
Ngolia 84.6 3
Sagalla 424.8 4
Kaloleni 77.9 1
Marungu 822.6 2
Kasighau 1653.7 3
Tsavo East
National Park
2

4,106.1 - 4,106.1 -
TOTAL 20 17,084.1 20 17,084.1 90

1
: The Tsavo West
1
and East
2
National Parks are not administrative units but their inclusion in this table is to
indicate where they are located. The total national park area is 10,649.9 Km
2
, translating to about 62 % of total
County area.

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Map 2 below shows administrative as well as political units of Taita Taveta County (Statistics, 2013).

Map 1: Map of Taita Taveta County Administrative and Political Units
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Population Size and Composition
As of 2009, the population of the County was 284,657 (KNBS, 2009) where females and males
were 139,323 and 145,334 respectively. The County population was projected to be 306,205 in
2012 comprising of 149, 869 females and 156,336 males. Further projections indicate that the
total County population will increase to 329,383 and 345,800 in 2015 and 2017 respectively.
Table 4 below gives the County population projections based on age cohorts (KNBS, 2009).
Sex-disaggregated Population Distribution by Constituency
Table 4 below gives sex-disaggregated population distribution by constituency, including
projected figures (KNBS, 2009).

Constitu
ency
2009 (Census) 2012 (Projections) 2015 (Projections) 2017 (Projections)
Male Fem
ale
Total Male Fem
ale
Total Male Fem
ale
Total Male Fem
ale
Total
Wundan
yi
28,0
63
27,9
58
56,0
21
30,1
87
30,0
74
60,2
61
32,4
72
32,3
51
64,8
23
34,0
91
33,9
63
68,0
54 Mwatat
e
35,8
01
35,7
12
71,5
13
38,5
11
3,84
15
76,9
26
41,4
26
41,3
23
82,7
49
43,4
91
43,3
83
86,8
74 Voi 46,4
51
43,0
07
89,4
58
49,9
67
46,2
62
9,62
29
53,7
49
49,7
64
103,
513
56,4
28
52,2
45
108,
673 Taveta 35,0
19
32,6
46
67,6
65
37,6
70
35,1
17
72,7
87
40,5
21
37,7
75
78,2
96
42,5
41
39,6
58
82,1
99 County
Total
145,
334
139,
323
284,
657
156,
335
149,
869
306,
204
168,
168
161,
213
329,
381
176,
551
169,
249
345,
800

Table 1: Population Projections by Constituency and by Sex
Of the four constituencies, Voi has the highest number of people, 96,229, comprising of 49,967
males and 46,262 females, representing 51.9% and 48.1% respectively. Total population for Voi
is projected to grow to 103,513 and 108,673 in 2015 and 2017 respectively.
Mwatate follows second with a population of 76,926, closely followed by Taveta, which has
72,787. Wundanyi constituency has the least population, which is 60,261, where males and
females are 30,187 and 30,074 respectively. In terms of proportion, that of males is 0.499 while
that of females is 0.501. The sex ratio is however 1:1.

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Table 2: Population Projection by Age Cohorts

Age
group
2009 (Census) 2012 (Projections) 2015 (Projections) 2017 (Projections)
Male Female Total Male Female Total Male Female Total Male Female Total
0-4 19,134 18,646 37,780 20,582 20,057 40,640 22,140 21,576 43,716 23,244 22,651 45,895
5-9 18,046 17,721 35,767 19,412 19,062 38,474 20,881 20,505 41,387 21,922 21,527 43,450
10-14 16,895 16,767 33,662 18,174 18,036 36,210 19,549 19,401 38,951 20,524 20,368 40,892
15-19 15,490 14,330 29,820 16,662 15,415 32,077 17,924 16,581 34,505 18,817 17,408 36,225
20-24 12,850 12,519 25,369 13,823 13,467 27,289 14,869 14,486 29,355 15,610 15,208 30,818
25-29 12,140 10,886 23,026 13,059 11,710 24,769 14,047 12,596 26,644 14,748 13,224 27,972
30-34 10,723 9,018 19,741 11,535 9,701 21,235 12,408 10,435 22,843 13,026 10,955 23,981
35-39 9,051 8,010 17,061 9,736 8,616 18,352 1,0473 9,268 19,742 10,995 9,730 20,726
40-44 6,853 6,104 12,957 7,372 6,566 13,938 7,930 7,063 14,993 8,325 7,415 15,740
45-49 5,997 5,766 11,763 6,451 6,202 12,653 6,939 6,672 13,611 7,285 7,005 14,290
50-54 4,588 4,658 9,246 4,935 5,011 9,946 5,309 5,390 10,699 5,573 5,659 11,232
55-59 3,947 3,715 7,662 4,246 3,996 8,242 4,567 4,299 8,866 4,795 4,513 9,308
60-64 2,995 3,288 6,283 3,222 3,537 6,759 3,466 3,805 7,270 3,638 3,994 7,633
65-69 2,180 2,360 4,540 2,345 2,539 4,884 2,523 2,731 5,253 2,648 2,867 5,515
70-74 1,754 1,962 3,716 1,887 2,111 3,997 2,030 2,270 4,300 2,131 2,383 4,514
75-79 1,093 1,387 2,480 1,176 1,492 2,668 1,265 1,605 2,870 1,328 1,685 3,013
80+ 1,514 2,129 3,643 1,629 2,290 3,919 1,752 2,463 4,215 1,839 2,586 4,425
Age NS
3
84 57 141 90 61 151 97 66 163 102 69 171
Total 145,334 139,323 284,657 156,336 149,869 306,205 168,169 161,212 329,383 176,550 169,247 345,800

Education
According to KNBS and SID 2013,
.A total of 21% of Taita-Taveta County residents have secondary level of education or
above. Wundanyi constituency has the highest share of residents with a secondary level
of education or above at 27%. This is almost twice Taveta constituency, which has the
lowest share of residents with secondary level of education or above.
Wundanyi is 6 percentage points above the county average. Mbololo ward has the highest
share of residents with a secondary level of education or above at 33%. This is almost

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four times Kasighau ward, which has the lowest share of residents with secondary level
of education or above. Mbololo is 12 percentage points above the county average.
Taita-Taveta County has 60% of its residents having only a primary level of education.
Taveta constituency has the highest share of residents with a primary level of education
only at 64%. This is 8 percentage points above Voi constituency, which has the lowest
share of residents with a primary level of education only. This places Taveta 4 percentage
points above the county average. Mboghoni ward has the highest share of residents with a
primary level of education only at 68%. This is 15 percentage points above Mbololo
ward, which has the lowest share of residents with a primary level of education only.
Mboghoni is therefore 8 percentage points above the county average.
A total of 18% of Taita-Taveta County residents have no formal education. Taveta
constituency has the highest share of residents with no formal education at 21%.This is 6
percentage points above Wundanyi constituency, which has the lowest share of residents
with no formal education. Taveta constituency is 3 percentage points above the county
average. Kasighau ward has the highest percentage of residents with no formal education
at 32%. This is almost three times the ward with the lowest percentage of residents in
Wundanyi/Mbale ward with no formal education. Kasighau is 14 percentage points above
the county average

1.2 Background of the Problem under Investigation
There was a public outcry between December 2013 and February 2014 in the manner in which
the recruitment process was being conducted by the Taita Taveta County Government.
Allegations of nepotism and favoritism were made over the social sites such as facebook (e.g. in
Taita Taveta County Citizenry Forum page, Taita Taveta County Government page, Taita Taveta
County Shadow Government Page), FM stations, etc.

1.3 Justification of the Investigation
Based on the raised allegations by the public, H.E Eng. John M. Mruttu, the Governor of Taita
Taveta County deemed it fit to constitute a task force to carry out investigations on the matter to
unveil the truth; and hence respond to grievances from the various quarters of the public on the
alleged unfair recruitment process.
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1.4 Purpose of Investigation
To investigate on the allegations of nepotism, favoritism and other malpractices in the
recruitment process and draw recommendations.

1.5 Objectives of the investigation

1. To record from the public allegations of nepotism, favoritism and malpractices in the
recruitment process of Taita Taveta County Government
2. To gather specific evidence on specific allegations of nepotism, favoritism and other
malpractices in the recruitment process.
3. To make recommendations to the Taita Taveta County Government on the best ways to
carry out the recruitment exercise with regard to achieving gender parity, inclusivity of
minorities and those living with disabilities and fair geographical distribution of positions
4. To recommend ways of improving service delivery by the county government of Taita
Taveta based on the issues and allegations raised by the public during the investigation
exercise of the taskforce.

1.6 Guiding Questions
i. What evident malpractices are there in the recruitment process of Taita Taveta County
Government?
ii. What evidence is there on the specific allegations of nepotism, favoritism and other
malpractices in the recruitment process?
iii. What recommendations can you make to the Taita Taveta County Government on the best
ways to carry out the recruitment exercise with regard to achieving gender parity, inclusivity
of minorities and those living with disabilities and fair geographical distribution of positions
iv. What recommendations can you make to improve on service delivery by the county
government of Taita Taveta?

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1.7 Significance
This investigation was meant to verify the alleged cases of nepotism, favoritism andmalpractices
in the recruitment process of Taita Taveta County Government and make recommendations to
H.E the Governor on the best way forward. The findings of the investigation were aimed at
ensuring that the Taita Taveta County residents are subjected to a fair recruitment process in the
County Government.

1.8 Scope of the investigation
The investigation was carried out within the scope of the recruitment process and service
delivery in the Taita Taveta County. This investigation was carried between March 2014 to
June 2014.

1.9 Limitation
The exercise was anticipated to take the shortest time possible; however, this was determined by
the availability of secondary data from the various channels of recruitment in the Government as
well as the normal work schedule of the committee members.

1.10 Assumptions
i. Allegations made by the members of the public were grave enough to warrant
clarifications from the government officials
ii. The information and supporting documents given by the adversely mentioned persons
and agencies was true.
iii. The task force assumed that they would gain access to all existing staff data and that
pertaining to the recruitment process
iv. The taskforce assumed to get full co-operation from all the complainants, government
officials and agencies mentioned

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2.0 CHAPTER TWO LITERATURE REVIEW
2.1 NEPOTISM AND FAVORITISM
The word nepotism is derived from the Latin word Nepos, which means nephew or grandchild.
Nepotism is favoritism showed to relatives, to people of same ethnic orientation and to people
of the same sex, gender, belief, political party and associations. (Faan Malan and Ben Smit in
Ethics and Leadership in Business and Politics; 2001)
Nepotism at work place can also be referred to as a hiring decision based solely on family ties
versus a career choice that leads to hiring based on merit (Jones, 2008)
zler et al., 2007, defines nepotism as an instance where a person is appointed or promoted on
the basis of family regardless of ability, education, skills etc.
Aduomi, 2014 also explains nepotism as a kind of discrimination, tribalism and refined
xenophobia.
On the other hand, favoritism refers to the act of offering jobs, contracts and resources to
members of ones own social group in preference to others who are outside the group (Yann
Bramoull and Sanjeev Goyal, 2010)
Cronyism is a more specific form of favoritism, referring to partiality towards friends and
associates. According to Arasl and Tmer (2008), cronyism is where friends (excluding
relatives) are given undue favor in promotion or appointments.
According to Osei, 2004, favoritism is as bad as nepotism as in both cases fair play is thrown to
the winds; especially where appointments are not based on merit but on selfish considerations.
They are all based on partiality. The slight difference between the two is that, nepotism strictly
favors relatives (either close or distant) whereas favoritism benefits non-relatives as long as the
self-interest of the perpetrators is satisfied.
Nepotism is not a local predicament but universal. According to F. Malan and B. Smit, Nepotism
is evident in most public administrations.
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John Stossel in http://www.hume.ufm.edu/images/b/be/Types_of_Nepotism.pdf paints out how
nepotism is evident among many nations; American political dynasties have been in power for
much of the past century - John F. Kennedy became president, and then appointed his brother
Robert F. Kennedy to be U.S. attorney general. Both Vice President Al Gore and his father were
senators from Tennessee. And not only was George W. Bush's father president, but his great -
grandfather was a U.S. senator. And it isn't limited to presidential and vice presidential politics.
Family connections are all over the capital. Colin Powell's son was appointed chairman of the
Federal Communications Commission. The wife of Sen. Mitch McConnell, R- Ky., Elaine Chao,
was appointed secretary of Labor. Supreme Court Chief Justice William Rehnquist's daughter,
Janet, was appointed inspector- general of the Department of Health and Human Services. In
United Kingdom, in February 2010, Sir Christopher Kelly, chairman of the Committee on
Standards in Public Life, said that more than 200 MPs used Parliamentary allowances to employ
their own relatives in a variety of office roles. Trinidad and Tobago Former Prime Minister
Patrick Manning appointed his unelected wife Hazel Manning to the Cabinet for two consecutive
terms, first as Minister of Education and then as Minister of Local Government. In Sri- Lanka,
Mahinda Rajapaksa has been accused of nepotism, by appointing three brothers to run important
ministries and other political positions for relatives, regardless of their merit.
According to Jelani; 2011, in South Africa, there was public outcry on nepotism and favoritism
in the recruitment of senior officials of government.
In the Kenyan government, the Kenya National Assembly Official Record (Hansard) 26 Oct
2004 records a concern raised in the Kenyan parliament when Mr. Gichohi was appointed to
head Grand Regency Hotel when it was under receivership. He was said to be the brother-in-law
to Dr. Kuria, one of the Assisting Counsel to the Commission of enquiry to the Goldenberg
affair.
The Kenya National Assembly Official Record (Hansard) of 15
th
June 2005 also depicts a
concern by a member of assembly on the fear of nepotism and tribalism in the recruitment of
heads of parastatals by the Narc Party led Government. On 24
th
of March 2010, the Hansard also
records the then Minister of state for Public Service (Mr. Otieno) responding to a question on the
steps the government was taking to curb nepotism and favoritism in the Public Service.
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According to Dr. C. Odhiambo - Mbai, 2013, at the start of the Africanisation of key positions in
the public service of Kenya, the ruling elite used ethnicity and nepotism as the main criteria to
appoint people into these positions. Similarly, other regimes are accused of using ethnicity and
nepotism as the criteria for appointing their close confidants to the key positions in the public
service. When one is appointed into position of authority in the public service on the basis of
ethnicity and nepotism, it becomes almost impossible for such a person to see anything wrong in
also using the same criteria to distribute public resources or dispense public services.
Under the current county governments, there have been allegations of nepotism and favoritism in
the recruitment of government officials with a case in point of Kwale County (Kwale County
Assembly Labor Committee Report 2013)
It is detrimental to hire friends and family; while conducting interviews just as a formality. While
some employers think that nepotism is an efficient way to recruit new workers and making
themselves happy being surrounded by loved ones other employers also worry that morale will
suffer among some other employees. For example, what if coworkers perceive that relatives are
treated more favorably than the rest of the team? How is an employer to supervise the boss's
spouse? What if an employee wants to make a harassment complaint to HR, but the head of the
HR department is related to the alleged harasser? Not to mention the problems that can arise at
work if family affairs overflow to the work places (http://csufacultyvoice.blogspot.com,
accessed, 29.5.2014 and http://www.nolo.com/legal-encyclopedia, accessed, 29.5.2014)
On occasions where people are given intentional positions, for which they do not have the
relevant skills, training, or experience, they are unlikely to perform as well as someone recruited
on merit. They will be difficult, if not impossible, to fire; indeed, such hiring puts supervisors in
tough positions. Nepotism and favoritism undermines all sense of fairness in the human
resources process, dampens motivation if they see that someone has obtained a position that was
never advertised, and in general breeds distrust. Those from outside may perceive it impossible
to get a position or was advertised as a formality.

Productivity drops for everyone when there is a feeling that rewards are not based on
performance, but on nepotism and favoritism.

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Certainly, nepotism goes against the fundamentals of Weberian principle that technical
competence (merit), and not kinship, social status, or heredity, should be the criterion for role
assignment. So this raises an ethical question: is there such a thing as an entitlement to a job?
And is the provision of a job by the side of the premises of nepotism for ones relative or crony,
a favor but hidden in the dress of qualifications?
In Taita Taveta County, a scenario need not be created where some residents will be living in
hope that they will always benefit from the nepotism and cronyism that seems to be finding
habitation in our young county.
An institution needs to be built with the express intention of handing it over to future generation
and in accordance with the County Government Act 2012 Sec 59 1(e) and Article 10 and 232 of
the Constitution of Kenya 2010, and with this intention, adherence to procedures and regulations
is imperative.
It should be worth acknowledging that the prospective employee needs to have a vested interest
in seeing an institution do well. One is expected to be more committed in terms of going above
and beyond when necessary, and accepting the laid out terms.
2.1.1 In favor of Nepotism and Favoritism
Nepotism in the workplace can be a positive experience for everyone involved, but only if
governed by unbiased governance practices and consistent accountability for policies and
procedures (Patricia Lotich, 2013)
It practicing nepotism, in defense, it may also be argued that when there are deliberate objectives
to be achieved in an organization, one may not need to go through a costly and time-consuming
recruitment process where presumably something is known about the person to be hired; what
their main strengths and weaknesses are, whether theyre reliable and trustworthy, whether their
values will fit with the institution culture and so on.
Sometimes, an employed family member will have a vested interest in seeing specific issues
undertaken to the delight of the employer. Therefore they will be more committed in terms of
going above and beyond when necessary and possibly, thoughtlessly accept whatever is decided,
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even if it is against laid down regulations (Nepotism and Personal Relationships in the
Workplace, http://www.princeton.edu: accessed, 29.5.2014).
According to P. Budhwar and Y. Debrah, 2006, while nepotism and ethnicity may be inefficient
and even unfair, they also have advantage. The cronies sometimes have a very strong
commitment to their sponsor and are often unreservedly loyal. They see the success of the
sponsor as their personal success, and indeed as the success of their group. Thus they put in
effort beyond the required by the formal system.
Hiring family members can also provide benefits to companies, for example by reducing their
health insurance costs
2.1.2 The downside of Nepotism and Favoritism
According to Yann Bramoull and Sanjeev Goyal, 2010, Favoritism is prevalent in both rich
and poor countries. At the same time, favoritism is widely associated with economic
inefficiency, violent political opposition and slow economic growth
If you live with someone and work all day with them as well, there is the potential for your
relationship to become strained. If you have a disagreement at work, that disagreement follows
you home to the dinner table. If you disagree at home, it follows you into the office. With no
clear separation between work and personal life, your relationship and your work performance
could suffer as a consequence; this will eventually affect service delivery and the citizens suffer
in turn. If its not an immediate family member, but a close friend that you always get on well
with, there are still no guarantees this will be the same in a working relationship.
Employing friends or relatives can also create difficulties for you personally. Because of your
relationship, performance management issues can be awkward and you may feel your hands are
tied in certain areas, which is not a great way to be running a government. According to P.
Budhwar and Y. Debrah, 2006, managers find it difficult to maintain principles of objectivity
and meritocracy in decisions regarding discipline, promotion and performance management.
The other main downside to hiring friends and family is the effect this can have on your other
employees. If the person you hire or promote is not qualified for the job, they are immediately
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going to be seen by others as receiving preferential treatment. This will not only affect their
ability to perform the role, as they will be regarded with suspicion and even hostility, but it will
also affect your standing as an employer.
If an employer is seen to be rewarding on the basis of relationships rather than merit, then the
employees may lose trust and have less respect to the employer
This will result in loss of overall productivity, as hard work is no longer seen as the way to get
reward. Loss of loyalty may also translate into reduced staff focus and high staff-turnover, as
disgruntled employees look for better opportunities elsewhere.
The public has been aggravated to an extent of raising an alarm and this is a dilemma. This is
what has made a huge contribution to the existing conflict relating to distribution of the scarce
available resources, and employment opportunities not only to the Kenyan society but Africa at
large, and now haunting the Taita-Taveta County Government.
2.2 INTERPRETING THE BILL OF RIGHTS
2.2.1 Introduction to Bills of Rights
A Bill of Rights is important as a symbol of the values that a country stands for. Principles of
human rights are a key countervailing force to the exercise of totalitarian, bureaucratic and
institutional powerwidely identified as the greatest threats to the liberty of the individual and
democratic freedoms.
These principles are entrenched in constitutions around the world to provide citizens with
protection from unwarranted interference from the state and to offer a legal basis upon which to
challenge government action that violate them.
A Bill of Rights is particularly important to protect the rights of religious, ethnic, linguistic and
other minorities, whose interests can be easily ignored by the numerical majority and overruled
by democratically elected governments.
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2.2.2 The origin of the concept of a bill of rights
The idea of a Bill of Rights descends from a long tradition of philosophy, espoused by theorists
such as John Locke and Thomas Jefferson, which focused on the idea of individual rights that
are safeguarded by and against the government. This conception of human rights was
enshrined in the 1789 French Declaration of the Rights of Man and the Citizen and the American
Bill of Rights.
The contemporary framework for human rights discourse was initiated following World War II
with the inception of the 1948 Universal Declaration of Human Rights (UDHR). This
perspective on human rights is more democratic, less individualistic and has an international
focus.
It places additional emphasis on protection from discrimination, focuses on the right of
every individual to equality before the law, and introduces socio-economic rights, which attempt
to reduce inequality and remedy unequal access to services. It is less individualistic because
it looks beyond the individual, who is the primary repository of rights under classical theories of
human rights, to provide for some group rights.
By having a Bill of Rights, Kenya has accepted the idea of international human rights as
universally applicable and relevant to Kenyan society. However, the ability of the Executive,
Legislature and Judiciary to effect change depends somewhat on the perceived relevance of the
Bill of Rights to Kenyan society. State organs will only be willing to provide a robust
interpretation and application of the Bill of Rights, and stakeholders will only be willing to
observe the Bill of Rights and its associated jurisprudence, if they perceive the Bill of Rights as
legitimate and a reflection of values widely held in society.
It is therefore important for stakeholders to continue to provide public education on the
Constitution to ensure that the general population has a basic understanding of what the Bill of
Rights is and why it is beneficial to them.
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2.2.3 Actualization of the Bill of rights
Therefore, the process of implementation of the Constitution of Kenya needs to enhance
perceptions of inclusion if it is to facilitate real transition to democracy, peace and respect for
human rights. Through fulfilling its duty to observe, respect, protect, promote and fulfill the
rights and fundamental freedoms in the Bill of Rights, the State has the opportunity to
ensure that every Kenyan feels equally protected by the Constitution, which is necessary to
facilitate meaningful movement towards a just and equal society.
There is need for the executive to conduct civic education on basic international treaties which
our country has ratified such that the same can be applied domestically. This will also enable
people not to interpret and apply the Bill of rights in isolation of other treaties, conventions, and
other relevant legislations which can help in actualizing human rights.
Specifically, article 24 of the Constitution provides that:
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and
then only to the extent that the limitation is reasonable and justifiable in an open and democratic
society based on human dignity, equality and freedom, taking into account all relevant factors,
including-
(a) The nature of the right or fundamental freedom;
(b) The importance of the purpose of the limitation;
(c) The nature and extent of the limitation;
(d) The need to ensure that the enjoyment of rights and fundamental freedoms by any individual
does not prejudice the rights and fundamental freedoms of others; and
(e) The relation between the limitation and its purpose and whether there are less
restrictive means to achieve the purpose.
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The above criteria is in essence a codification of what has commonly been referred to as the
Oakes Test developed by the Canadian Supreme Court in R. Vs. Oakes when it sought to
interpret the limitations clause in Section 1 of the Canadian Charter of Rights and Freedoms that
allows reasonable limitations on rights and freedoms through legislation if it can be
demonstrably justified in a free and democratic society.
The Court observed that the values that underpin a free and democratic society and
which should be used as the ultimate standard for interpretation of the limitation clause are
values such as respect for the inherent dignity of the human person, commitment to social justice
and equality, accommodation of a wide variety of beliefs, respect for cultural and group identity,
and faith in social and political institutions which enhance the participation of individuals
and groups in society.
2.3 AFRICAN MORAL THEORY
The main motivation for fighting discrimination is clearly moral, based on the wish to live in a
society in which people are not treated differentially according to their group (status) or ethnic
affiliation (Fershtman, Gneezy and Verboven: 2002)
A moral theory is a fundamental principle that accounts for what right actions, as distinct from
wrong, have in common. It is a single principle that purports to entail and explain all permissible
decisions, as contrasted with those that are not permitted. Key examples from western
philosophy include: the principle of utility, that an act is wrong in so far as it fails to improve the
average quality of life; and the principle of respect, that an act is wrong in so far as it degrades
peoples autonomy.
A moral theory counts as African if informed by many of the firm ethical beliefs of a variety of
sub-Saharan peoples. To deem a moral theory African does not therefore imply that all sub-
Saharan societies have believed it or, indeed, that any has been aware of it. An African ethical
principle is a philosophical construction unifying a wide array of the moral judgments and
practices found among many of the black and Bantu-speaking peoples of the sub-Saharan region.
Furthermore, it is possible for a moral theory to be defined as African yet resemble one found in
the West.
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The African moral theory employs to appraise the debate between impartialism and partialism:
An act is right just insofar it is a way of prizing harmony with others, i.e., relationships
in which people share a way of life and are in solidarity with one another. An action is
wrong if and only if it fails to honor relationships in which we identify with others and
exhibit good-will toward them (Metz 2007a).
To unpack this terse statement, consider that in most traditional or indigenous sub-Saharan
societies, morality is often summed up by the phrases,
A person is a person through other persons, and I am because we are (Mbiti 1969:
10809; Menkiti 1979).
When Africans make these claims, they are indicating, in part, that the only way to develop
moral personhood, to become a virtuous agent or lead a genuinely human life, is to interact with
others in a certain way.
This assertion might sound trivial but notice how it differs from major western moral theories,
such as Kantianism and utilitarianism. Imagine someone alone on an island. The Kantian
believes that, in addition to duties to others, people have duties to themselves, specifically to
protect and develop a capacity for autonomy.
Archbishop Desmond Tutu, winner of the Nobel Peace Prize and renowned leader of South
Africas Truth and Reconciliation Commission, sums up one major strand of African ethical
thinking this way:
Harmony, friendliness, community are great goods. Social harmony is for us the
greatest good. Anything that subverts or undermines this sought-after good is to be
avoided. Anger, resentment, lust for revenge, and even success through aggressive
competitiveness, are corrosive of this good (Tutu 1999: 35).
For Tutu and many other Africans, harmony is valued highly for its own sake, not merely as a
means to some other ultimate good, such as happiness.
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Harmonious, cohesive or communal relationships are not merely those of any stable, peaceful
group. The harmony to prize is that in which people both identify and exhibit solidarity with one
another. It is good to identify with other people, or share a life with them, instead of the self
being I, distinct from others, the self becomes we, including others and included by others
too. Harming others exhibits ill will.
Conversely, this African moral theory forbids people from being unfriendly. It prohibits people
not only from isolating themselves from others or, worse, defining themselves in opposition to or
subordinating them, which is divisive, but also from not caring about others interests or, worse,
expressing ill will.
The prescription to respect harmonious relationships entails living in valuing consensus in
decision making and seeking unanimous agreement. African moral theory therefore prescribes
promoting peoples happiness identify with one another, exhibit goodwill and hence act
correctly. African morality fundamentally values sharing a life with others this puts into place
basic moral value on relationships in which people identify with one another.
Part of identifying with others is not to subordinate them but to coordinate behavior so as to
avoid coercion and deception. Good ethics forbids degrading peoples capacity to make choices,
so that coercion and deception are generally not permitted.
What, now, about African ethics? What does it have to say about the unjust allocation of
resources? If closer relations have greater moral weight, why should an ethic of harmonious
relationships not permit nepotism? A possible answer to these questions could be putting into
practice the African moral theory.
This African moral theory must now be applied to how a civil servant should allocate resources
such as government jobs or contracts. This is meant to best improve the citizens well-being
while respecting peoples capacity for autonomous decision making.
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2.4 Conclusion
There are some great benefits to having friends and family working in the same place it can be
vital to have them involved. But to avoid any problems, one needs to hark back to the first rule of
business, which is to hire the best person for the job.
Above all, let the selection process be as transparent as possible. If a relative actually is qualified
to do the job, make sure everyone knows it, otherwise it will be perceived as nepotism, whether
it is or not.
It may not be convenient to describe nepotism in relation to Chapter 4 of the Constitution on the
bill of rights, especially when used as a rider. This is because if the bill of rights stands by itself
to justify entitlements by qualification, fairness may not be existent. It would therefore be
prudent to blend the bill of rights with the moral aspect, which we exclusively explore by
analyzing the African moral theory.
As we interpret this section of the constitution, it would be appropriate, that relevant and
applicable references are read, not in isolation of other references for individual convenience, but
read in its entirety for correct understanding; with the ultimate factor, being the realization of
harmony among members of the community. There is a public outcry concerning the recruitment
process of staff in the County Government of Taita-Taveta. Therefore, the context in this case
ought to be viewed along fair distribution based on availability, equality, and equity (Article
4(20a)), in the minimal available job opportunities.
Nepotism can be described as showing favoritism to friends and relatives, regardless of merit.
With the understanding that this description can mean differently to another person; will this
suggest, regardless of whether those involved are friends and relatives, as long as there is merit,
nepotism is inexistent? On the other hand, where family members and relatives have the
qualifications; hence, form majority staffing as in a public institution; and there is public outcry
is it morally acceptable? But on the other hand, shall someone be denied a right just because
majorities are crying foul? These are just some of the question which cannot go unnoticed as we
engage the vice of nepotism and favoritism which belong to the family of corruption.
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Allegations of nepotism have a serious effect on the dignity and credibility, not
only of the person that has been appointed or promoted, but also on the person
that is allegedly responsible for such an appointment or promotion.
(Public Protector, Republic of South Africa Report on the investigation of
allegations of nepotism in government: 1994)
To minimize the effect of favoritism, nepotism and cronyism on public sector organizational
performance, rules and regulation may be imposed strictly to control injustices.
2.5 STAFF STATUS IN THE COUNTY
The following is the status of the staff in the County as at June 2014, according to the data
availed to the taskforce.
STAFF FROM DEFUNCT LOCAL AUTHORITIES AND DEVOLVED FUNCTIONS OF THE NATIONAL
GOVERNMENT
NO ITEM TOTAL STAFF
1 Ministry of local government 190
2 Ministry of youth and sports 3
3 Ministry of education 3
4 Ministry of gender 7
5 Ministry of industrialization and cooperative 8
6 Ministry of lands, housing and urban development 37
7 Ministry of labor, social security services 23
8 Ministry of water 83
9 Ministry of commerce and tourism 10
10 Ministry of agriculture, livestock and fisheries 206
11 Ministry of health 615

TOTAL 1185

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STAFF APPOINTED SINCE INCEPTION OF THE COUNTY GOVERNMENT
NO POSITION TOTAL STAFF APPOINTED
1. Chief officers 9
2. Sub county administrators 4
3. Deputy sub county administrators 4
4. Principal administrators 4
5. Ward Administrators 20
6. ICT Manager 1
7. Principal information officer 2
8. Head of Human Resource 1
9. Head of Treasury Accounting 1
10. Head of Treasury Audit 1
11. Head of county treasury (Budget & Management) 1
12. Information officers 2
13. County Payroll Manager 1
14. Head of supply chain management 1
15. Senior Drivers 11
16. Senior Secretaries 10
17. Governors Economic advisor 1
18. Governors Political Advisor 1
19. Governors Governance Advisor 1
20. Governors Chief of Staff 1
21. Personal Assistants to CECs 9
22. County Executive Committee 10
23. County Public Service Board 7
24. County Secretary 1

TOTAL 105

From the above tables on staff data, it is worth noting that a total of about 1290 civil servants are
working under the different departments of the County Government of Taita Taveta; out of these,
about 1185 staff are from the devolved functions of the national government and the defunct
local authorities, 105 were recruited after the inception of the county government.

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3.0 CHAPTER (THREE): METHODOLOGY
3.1 Investigation design
In this investigation the following was applied to solicit views and evidence from the public and
affected individuals;
A. Public hearings; Mode of presentation that was offered during the public hearing were;
I. Speaking on the floor of the public hearings
II. Make a written submission to the taskforce
III. Presentation of complaints and views in-camera
B. Email submissions were also received; the email address used for the purpose was
taitatavetataskforce@gmail.com.
C. Comments from the social media like Facebook were also used to gather views from the
public and affected individuals as a whole.
All presentations of the allegations were supposed to be factual; during the public hearings
members of the public who had complaints or views on the issues of nepotism and favoritism
were encouraged to portray or prove that;
a) There were jobs
b) There were advertisements for the jobs
c) There was favoritism and nepotism in the recruitment process
3.2 Justification of the Investigation Design
It was felt that the above described design suited the problem/issue at hand as it provided a
platform to all and sundry to air their grievances without the fear of being victimized while also
maintaining confidentiality. The above described methodology also ensured that the
information/views given were truthful/factual devoid of any misinformation thus minimizing
claims of witch-hunting from the adversely mentioned personalities.

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3.3 Study Area:
The study area of the investigation was in four the sub counties of the county; Mwatate,
Wundanyi, Taveta and Voi. Public hearings were held in all the aforementioned sub-counties and
submissions from all persons with grievances were received via email.
3.4 Target population
The investigation targeted those who had complaints on the recruitment process as well as those
who had information on malpractices; who were urged to give documents in support of their
claims. It also targeted those who were involved in the recruitment process, i.e. the County
Public Service Board (which is the recruiting agency) plus others who were mentioned.
3.5 Sampling Techniques
Two sampling techniques were employed in this exercise .These are Cluster and Purposive
sampling.
In collecting the allegations from the public, cluster sampling was employed through holding
of sub county public hearings. This is because there was need for an urgent response
concerning the issue hence conducting public hearings at sub county level was considered
prudent. All those who had information or complaints on malpractices in the recruitment
process were encouraged to attend their respective sub county hearings.
Purposive; interviewing a person with the aim of getting specific information from him/her
or institution. This method of sampling was applied on the County Public Service Board and
other county staff members who were mentioned while collecting data/information obtained
from the public.
3.6 Sample size:
Approximately one thousand people in the County participated in the investigative process. They
included men, women, youth and PLWDs.

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3.7 Investigative Instruments
I. Staff Questionnaires: These gave an insight into the way the county government
staffs were recruited and any forms of relationships where possible.
II. Structured and Unstructured interview questions: These were used to conduct the
public hearings and interviewing the adversely mentioned persons.
III. Email interview: For persons who preferred presenting their views through this
method, this platform gave them the avenue in airing their complaints/
views/evidence.
IV. Telephone interviews: Some aggrieved parties used the telephone to air their
complaints.
3.8 Validity and Reliability:
The tools used were intended to collect adequate and accurate information over a short period of
time from the participants. These tools guaranteed that even if the exercise was to be repeated,
the same findings would be obtained, though shifts in opinions, beliefs and perceptions could
produce slightly different results.
3.9 Data Collection techniques:
I. Public hearings: This was the most popular medium used by members of the public.
Apart from having a platform to air their complaints on nepotism/favoritism on staff
recruitment, the members of the public were also able to suggest their
recommendations on the subject matter and other issues affecting the county
residents.
II. Views in-camera: For members of the public who were also uncomfortable in
appearing in public before the TF, the in camera sessions came in handy.
Confidentiality was also best guaranteed in the usage of this method/instrument.
3.10 Logistical and Ethical Considerations:
i. The Investigation team made it clear to all participants that the data collected would not
be used to discredit or lead to victimization.
ii. The confidentiality of information supplied and the anonymity of respondents was
respected; the Task Force email was only accessed by the Chairman.
iii. Voluntary participation of the public was a key component of the investigation.
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4.0 CHAPTER FOUR: FINDINGS AND DISCUSSIONS

4.1 THE ALLEGATIONS ON NEPOTISM, FAVORITISM and OTHER
MALPRACTICES IN THE RECRUITMENT PROCESS
In carrying out its mandate, the taskforce received numerous allegations from the public
pertaining to nepotism, favoritism and other malpractices in the recruitment process.
The following are the allegations raised, findings and the conclusions given by the taskforce.
1. The secretary for CPSB (CS Elipida Mwakamba) is alleged to have employed her
daughter, Elizabeth Ngele as the PA to CEC education.

1.1 Narration
This matter was raised through the social media (facebook) and during the public hearings.
An interview with the CPSB secretary revealed that, indeed, Elizabeth Ngele, the PA to
CEC Education is her daughter.
Elizabeth Ngele was introduced by her mother to the CEC education, Jemimah Tuja, as a
human resource graduate who was then jobless (doing small businesses); during a
luncheon in Mombasa after a high court hearing of H.E the Governor where she
established contacts with the CEC. Elipida alleged that at first her daughter was not
interested in working in Taita. After a series of communication, the CEC education
convinced her to work in Taita as her PA.
Initially it was revealed that the executive had not used the right procedure in attempting to
hire the PAs causing the CPSB to nullify the exercise. The CPSB asked the executive to
make an indent on the hiring of the PAs which was duly signed by the County Secretary;
this was then ratified by the CPSB.

1.2 Findings
While taking into account the fact that CECs were given a free hand to pick their PAs,
information gathered by the taskforce concerning the sequence of events before Elipidas
daughter was engaged; that the mother introduced the daughter to the CEC, that the
daughter was looking for a job, that the introduction was taking place at a time when the
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CEC was looking for a PA undoubtedly led to the CEC decision to pick her as the PA.
Considering Elipidas position in the county, and the timing of the introduction, one would
no doubt resolve that she possibly influenced the appointment of the daughter.
The appointment of the PAs was done following a decision made by the cabinet members;
where they resolved to have PAs to source for people they could trust as their PAs and wrote to
the CPSB to establish the office and regularize the positions.

1.3 Conclusion
The taskforce locates Elipidas possible influence in the employment of her daughter given
her position in the CPSB. The executive should take appropriate action.
2. It was alleged that the personal assistant to Hon. Ben Mghana (CEC Agriculture)
Mr. James Mafuri is his relative and that they come from the same village.

2.1 Narration
This matter was raised through the public hearings.
An interview with the CEC Agriculture, Hon Ben Mghana, revealed the following:
It had been resolved in a cabinet meeting that the CECs were supposed to source for PAs who
met the following criteria: - a computer literate, a form four leaver, a person of integrity and
whom you know. As he was the last CEC to report, Hon Mghana recounts that he was advised
by the former interim County Secretary, Mr. Ouma, to present the name of his PA.
Hon Mghana said that the PA whom he chose was Mr. James Mafuri; whose neighborhood
was as a result of land consolidation in that village but were not related.

2.2 Findings
The CEC and the PA are not relatives though they come from the same village.

2.3 Conclusion
The taskforce finds no fault with the appointment of this PA to serve the CEC, as it is his
personal choice.

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3. It was alleged that the personal assistant for Hon Masamo, CEC Community
Affairs, Trade and Tourism, named Sadiki was not qualified for the post and was related to
the CEC

3.1 Narration
An interview with Hon Masamo revealed that Sadiki finished his secondary school and is
computer literate. He stated they come from the same constituency but not related at all.
The CEC said that when they took over their jobs it was not easy for them to perform their
functions without secretaries and anyone to assist. The cabinet resolved that CECs source for
persons whom they could easily work with and forward the same for ratification by the CPSB.
According to the CEC, the core qualifications were computer literacy and secondary school
education. The CEC believed that in case any PA whose details were forwarded to the CPSB
for ratification and the board thought that he was deficient of some qualifications then the
CPSB had the right to request the CEC to propose another person as the PA.

3.2 Findings
According to Hon Masamo, his PA is academically qualified and they are not related.

3.3 Conclusion
The allegation is unfounded.

4. Three employees i.e. in Press (Mwambela), ICT (Chris ) and a ward administrator
are alleged to be relatives of CEC administration and devolution, Hon Linet Mavu and come
from Chome village.

4.1 Narration
This matter was raised during the public hearings.
An interview with the CEC Administration and Devolution, Hon Linet Mavu, revealed that she
comes from Werugha and was married in Shigharo. She knows very few people in Shigharo as
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she hardly stays there. She knows that Chris and Mwambela hail from Shigharo, but she was
not aware whether they were related to her. She said that she found Chris as an intern when
she joined the County Government.
However, Mwambela shares a name with her father-in-law but may not be related. She said
that she knew the immediate relatives but Mwambela was neither a 1
st
a 2
nd
nor a 3
rd
cousin to
her husband. She also said that he was initially a volunteer in the Ministry of information
office and later applied for the post in the County information department when it was
advertised and he was employed. She added that her husband could be in a better position to
explain the relatives as he hailed from there.
On the allegation of a ward administrator who was her relative she was not aware of one. She
said that she came to know them after they were recruited.

4.2 Findings
According to Hon Linet Mavu, she is not related to Chris and Mwambela.
On further follow up, as regards the ward administrator, the task force found that the
complainant was referring to Rozina Wawuda from Shigharo currently posted to
Mghange/Mwanda ward; however the complainant said that he did not know of any
relationship between the administrator and the CEC.

4.3 Conclusion
The allegations are unfounded.

5. Revenue collectors at the Wundanyi toll station are alleged to be relatives to Hon
Linet Mavu, the CEC administration and devolution. They are from Chome village.
5.1 Narration
An interview with the CEC Administration and Devolution, Hon Linet Mavu, revealed that she
did not know the revenue collectors.

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5.2 Findings
The complainant failed to point out the specific allegation about the relationship between the
revenue collectors and Hon Linet Mavu.

5.3 Conclusion

6. The CEC Community Affairs, Tourism, Trade and Industry is alleged to be a cousin
to H.E the Governor.

6.1 Narration
An interview with the Governor, H.E Eng. John M. Mruttu, revealed that, they are distant
cousins (their fathers are cousins). However on whether he had influence in the recruitment of
the CEC, Hon Masamo, H.E the Governor said that the County Government Act, Sec 35 and
Sec 30(2) d, allowed him to nominate the CEC members but he did not do so, instead, he
allowed competitive sourcing of the CEC members through advertising the vacancies and
having them appear before an independent panel for selection and appointment and then vetted
by the County Assembly - Hon Masamo went through the same process.

6.2 Findings
Though Hon Masamo is a distant relative of the Governor, he (the Governor) said that he did
not have any influence in the CECs appointment but he went through the competitive
recruitment process which was conducted by an independent panel, and was the only criteria.

6.3 Conclusion
The taskforce concludes that the allegation on relationship is true. However, since the CEC
went through the competitive recruitment process, which was carried out by an independent
panel, the relationship did not influence his appointment.

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7. It is alleged that the CEC Roads and Public works, ICT and Energy was the chief
campaigner for H.E the governor and also does not possess a degree; which was a pre-
requisite for eligibility. It is also alleged that he did not get vetting approval by the county
assembly but was given the job.

7.1 This matter was raised through the public hearings.
An interview with the H.E the Governor revealed that indeed Hon Mwangeka was his
campaigner. However, he applied for the CEC position and was also taken through the
competitive recruitment process.
Findings
According to Sec 35(3) of the County Government Act 2012:-
A person may be appointed as a member of the county executive committee if that person
(a) is a Kenyan citizen;
(b) is a holder of at least a first degree from a university recognized in Kenya;
(c) satisfies the requirements of Chapter Six of the Constitution; and
(d) has knowledge, experience and a distinguished career of not less than five years in the field
relevant to the portfolio of the department to which the person is being appointed.

H.E the Governor said that the County Government Act, Sec 35 and Sec 30( 2)d, allowed him
to nominate the CEC members; instead, he allowed competitive sourcing of the CEC members
through advertising the vacancies and having them appear before an independent panel for
selection and appointment and then vetted by the County Assembly. Despite the fact that Hon
Mwangeka was a campaigner of H.E the Governor, he was not appointed on these lines.

According to the vetting report availed to the taskforce, Hon Alexander Kubo Mwangeka was
vetted by the county assembly. However, the minutes obtained from the County Assembly by
the taskforce on the vetting proceedings of Hon Mwangeka, did not capture questions on his
academic qualifications which is the bone of contention in this allegation.
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A letter of approval (of the CEC member) by an ordinary sitting of the county assembly held
on Thursday the 25
th
July 2013 was forwarded to the then Interim County Secretary, Taita
Taveta County.
Hon. Mwangeka presented his academic documents to the taskforce which included a copy of
his degree certificate from Caribbean University obtained in 1998 and a letter of recognition
from the Commission of Higher Education referenced CUE/10/9/1/Vol.176 and dated 26
th
of
September 2013.

Conclusion
Since Hon Mwangeka was cleared and approved by the County Assembly Vetting Committee,
any query on the same is left for clarification by the same committee.

8. Two people (Michael Mwakazi and David Mwakazi) were alleged to have been
shortlisted from the same family and four others from the same organization in the
recruitment of the county policing authority.

8.1 Narration
This matter was raised through the public hearings. An interview with the CPSB revealed that,
they were not aware of this. The board was not aware whether there were siblings or whether job
applicants had relationships; as the interviews are done based on the qualifications and not
relationships. It was found that looking at the similarities of names in Taita Taveta County it was
apparent that there is homogeneity of names such that it is not easy to establish relationships.
According to the National Police Service Act No. 11A of 2011 Sec 41:-

41. County Policing Authority
(1) There shall be established a County Policing Authority in respect of each county
which shall comprise
(a) The Governor or a member of the County Executive Committee appointed by the
Governor, who shall be the chairperson;
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(b) county representatives appointed by the Inspector-General, who shall comprise the
heads of the National Police Service, the National Intelligence Service and the
Directorate of Criminal Investigations at the county level;
(c) two elected members nominated by the County Assembly;
(d) the chairperson of the County Security Committee;
(e) at least six other members appointed by the Governor, from among the following
categories of persons ordinarily resident in the county
(i) the business sector;
(ii) community based organizations;
(iii) women;
(iv) persons with special needs;
(v) religious organizations; and
(vi) the youth.
(2) The members referred to in subsection (1) (e) shall be recruited through a
competitive process by the office employing public officers in the county.
(3) The names of members nominated under subsection (1) (e) shall be forwarded to the
County Security Committee for vetting and subsequent thereto, the County Assembly for
approval.
(4) In nominating and appointing members under subsection (1) (e) the nominating
bodies, public service office at the County level and Governor shall
(a) uphold the principle of one-third gender representation;
(b) ensure geographical representativeness of the county; and may nominate more than
one representative in respect of each category.
(5) Notwithstanding subsection (1) (e), the membership of the County Policing Authority
shall be proportional to the number of constituencies in the County.

In the recruitment of the Taita Taveta County Policing Authority posts, the positions were
advertised and the process was to be competitively undertaken. One had to be recommended by
a registered organization in the county before being considered for the position.
8.2 Findings
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The two brothers applied and were interviewed for the job.
Due to the fact that the advertised positions were supposed to be filled by representatives of
registered organizations in the county, some of the shortlisted applicants were from same
organizations. However, passing the interview was the requirement for nomination.

8.3 Conclusion
The allegation was unfounded.
9. The ward administrator who hails from Chawia is alleged to be related to the
Deputy Governor.

9.1 Narration
This matter was raised during the public hearings. An interview with the Deputy Governor
revealed that the ward administrator in question, Mr. Jacob Mwakughu, is a distant relative to
the Deputy Governor from her maternal side. It also emerged that he had his own ambitions to
work in the county following which he applied for several positions advertised by the County
Public Service Board. After going through the competitive recruitment process he was
appointed as a ward administrator. According to the Deputy Governor she never influenced his
appointment.
She also said that she had advised her own daughter not to apply for the Taita Taveta County
jobs as this would raise eyebrows given her position; she advised her to look for jobs in
Nairobi.

9.2 Findings
Mr. Mwakughu applied for several positions advertised in the county government such as
chief officer mining among others.

Conclusion
The allegation has no basis.

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10. The CEC water and irrigation, Hon Eng. Joseph Mbogho is alleged to be related to the
Deputy Governor.
10.1 This matter was raised through the public hearings. The Deputy Governor had the
following response: Indeed the CEC Water Mr. Joseph Mbogho is a relative though a distant
one. They used to work together in a welfare group back in Nairobi; Tsavo Capital Group
where Mr. Mbogho was the Chairman. They only worked closely during the campaigns of
the just ended elections of 2013.
During the recruitment of the CECs, Eng. Mbogho applied in an open advertisement; the
Deputy Governor neither encouraged him nor influenced his appointment. He qualified for
the job. On issues affecting his integrity, they were handled independently by the County
Assembly during the vetting process.

10.2 Findings
H.E the Deputy Governor confirmed that indeed they were distant relatives with Hon
Mbogho and this did not influence his appointment.

10.3 Conclusion
The allegation on the relationship is true but there was no evidence that she influenced his
appointment.

11. There was a seminar for mining in Madagascar and the submitted names of Mrs. Jane
Kubos son who had a degree in the relevant field was alleged to have been left out and
another person who was a relative to the CEC mining was chosen despite the fact that
he had no degree but a diploma.

11.1 Narration
This matter was raised during the public hearings
An interview with Hon. Eng. Elijah Mwandoe (CEC Mining, Environment, Wildlife and
Natural Resources) revealed the following:-
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The scholarships were advertised by the CPSB; among the requirements included being a
resident, above 23yrs, post-secondary qualifications preferably a degree in geology.
The applicants interviewed were 11. There was only one female applicant.
The CEC was present during the interview conducted by the CPSB.
Initially the CEC Mining had proposed that the education department should have handled
this; but as they were only handling ECDs and Polytechnics in the county they allowed the
CPSB to handle this.
The successful applicants were:-
Emmanuel Mwazighe Nyambu (Lushangonyi), Harrison Mdamu Lengube (Kasighau), Peter
Sholo (Bura) and Lucy Mshai Nyambu (Taveta)

11.2 Findings
The allegation in question was aimed at the Educational Scholarship on Mining in Madagascar
and not seminar.
The scholarship positions that were being sought were four; they were supposed to be
distributed in all the sub counties for regional balance i.e. 1 person per Sub County.
Out of the 11 applicants interviewed only one was female. Of these, two applicants were from
Taveta Sub County and were of the opposite gender; in order to ensure that there was gender
balance, the board resolved to select the female candidate.
The CEC member was not related to the alleged appointee from Taveta.
The minimum requirement was a post-secondary qualification, preferably a degree; hence a
diploma was also acceptable.

11.3 Conclusion
Based on the findings, the allegation lacked merit.

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12. The Governors advisor Mr. Ronald Shako Mwasambo is alleged to have employed his
daughter Nancy Mleghwa Johnson in Procurement Section

12.1 Narration
This matter was raised through the public hearings. Mr. Shako had the following response:
He only has one daughter who is 34 years old and working in South Africa. The lady in
question, Nancy Mleghwa, is the daughter of the late former Senior Chief Mleghwa, from
Wumingu location.

12.2 Findings
Nancy is not a daughter to Mr. Shako.
She is also an intern in the county government and not an employee.
There was also no evidence to show that Mr. Shako influenced the selection of the said intern.

12.3 Conclusion

13. The Governors advisor, Mr. Geoffrey Kimonge was alleged to have employed his wife,
Pauline Mawondo Kimonge as a senior secretary

13.1 Narration
This matter was raised through the social media (facebook) and during the public hearings
During an interview with the taskforce, Mr. Kimonge had the following response: His wife is a
secretary by profession. When the county executive secretary jobs were advertised she went
through the competitive recruitment process; she applied for the job; she was shortlisted,
interviewed and selected for the job. Mr. Kimonge said that his wife went through this process
as Pauline and not as Kimonges wife. Referring to chapter 4 of the bill of rights and
considering her qualifications, Mr. Kimonge felt that his wife was eligible to apply for the job.
The CPSB also stated that they had no knowledge whether the interviewee was Mr. Kimonges
wife.

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13.2 Findings
The taskforce found out that Pauline had applied, shortlisted, interviewed, and was appointed
on merit. However, she was requested by her husband Mr. Kimonge to decline taking up the
position; which she did.

13.3 Conclusion.

The taskforce may not be able to prove Mr. Kimonges involvement over allegations of his
wifes appointment.
However, since Pauline was requested to decline the offer, the taskforce upholds the position.

14. A Masters graduate- born and brought up in Taveta was alleged to have applied for
various positions including the posts of CEC, CCO, sub county and ward administrator
but had not been considered.

14.1 Narration
This matter was raised during the public hearings. The complainant was requested to produce the
necessary documents to prove his allegations but he failed to avail the same

14.2 Findings
There was no proof to this allegation
14.3 Conclusion
The allegation was unfounded.

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15. It was alleged that people who were formerly working in the urban areas had been
given jobs which should have otherwise been given to the qualified jobless ones
currently living within the county; it was also alleged that no youth had been employed
by the county government and that they were not enjoying the fruits of devolution.

15.1 Narration
This matter was raised from the public hearings.
According to the interview with both H.E the Governor and the CPSB, during job recruitments
previous place of work was not a criteria (hence it did not matter whether one was working in
the urban or rural area); people were sourced competitively within and outside the county.
According to the records availed by the CPSB, the taskforce revealed that most of the officers
appointed were youths; as at the time of writing this report, out of the 20 ward administrators
at least 14 were confirmed to be youths (aged between 25-35yrs) ; out of the 9 chief officers 2
were youths (aged between 30-35); out of 4 deputy sub county administrators 3 were youths
(aged between 26-35 yrs.), out of the 8 head of departments who had been recruited 5 were
youths (aged between 26-35 yrs.)

15.2 Findings
The taskforce observed that figures obtained from the CPSB demonstrated that the youths
were considered for employment.

15.3 Conclusion
There have been calls to those working outside the county to come home and offer their
services/expertise in their home county. The allegations had no merit.

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16. It was alleged that there was poor publicity of jobs in the county government; the mode
of publicity used (newspapers and websites) could not be accessed by most residents
especially the rural residents and the jobless hence denying them a fair opportunity to
apply for the jobs.

16.1 Narration
According to the interview with the CPSB, the allegation was identified as a challenge;
initially there were no set structures within the county government for dissemination of
information to the grassroots.

16.2 Findings
According to Sec 66 of the County Government Act 2012:- If a public office is to be filled, the
County Public Service Board shall invite applications through advertisement and other modes of
communication so as to reach as wide a population of potential applicants as possible and
especially persons who for any reason have been or may be disadvantaged.

According to Sec 91 (d) of the County Government Act 2012:- The county government shall
facilitate the establishment of structures for citizen participation includingnotice boards:
announcing jobs, appointments, procurement, awards and other important announcements of
public interest;

Despite the initial challenges faced in ensuring wide publication of job advertisements, the CPSB
said that they took a further initiative of providing the MCAs with a copy each of the adverts,
through the speakers office.
The taskforce established that currently, there are set devolved structures in the county
government which would enable most of the information on jobs to be accessed with ease at the
grassroots level. An example was given on how recently the information on the shortlisting of
the ECD teachers was widely circulated.
The county government has also initiated plans to erect noticeboards to the administrative offices
within the county.
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16.3 Conclusion
Regardless of the publicity challenges initially faced, plans are in place to address this issue.

17. It was alleged that there was lack of gender balance in the appointment of Taveta ward
administrators there was no single woman appointed; women claimed to have not been
given fair chance of employment in the County Government
17.1 Narration
According to the interview with the CPSB, they considered gender in their appointments.
With regard to the ward administrators appointments, they considered a 1/3 of the total
appointees in the whole county. From the documents availed by the CPSB, the taskforce
observed that out of the 20 ward administrators, 7 of them were females; out of 4 sub county
administrators 1 was female; out of 4 deputy sub county administrators 2 of them were
females; out of 4 principal administrative officers 1 was female; Out of the 9 chief officers, 4
of them are females; out of the 8 head of departments 3 were females and out of 10 senior
secretaries 9 were females.

17.2 Findings
The taskforce observed that out of the 20 ward administrators, 7 of them were females. The
gender consideration was not based on the individual sub county but the county as a whole.
The general observation from the above fact indicates that there were gender considerations in
the appointments in the county government and women were fairly considered.

17.3 Conclusion
The allegation was unfounded; Women were considered.

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18. It was alleged that some ward administrators especially in Taveta did not possess a
degree as per the requirement for their appointments.
18.1 Narration
According to the job advert the minimum qualification for the same position was a diploma or
a first degree from a recognized educational institution.

18.2 Findings
A university degree was not a pre-requisite for the appointment of the ward admins.

18.3 Conclusion
The allegation was baseless.

19. It was alleged that the advisors to H.E the Governor did not undergo any interview; the
criteria for appointing them and all the interview results and details of their ranking
should be known to the public.
19.1 Narration

19.2 Findings
H.E the Governor appointed his advisors who were thereafter subjected to intelligence
scrutiny.
The taskforce was also able to access a guideline from the Transition Authority on the
qualifications, roles and responsibilities and job groups of the advisors and other staff under
the office of H.E the Governor.
The guideline states that the Governor shall identify the persons to be appointed in these
positions, which will be regularized by the County Public Service Board.

19.3 Conclusion

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20. It was alleged that it was taking too long for the recruitment process to be completed.
The ward administrators were interviewed a long time ago but it took long until recently
when they got appointed.
20.1 Narration
This matter was raised from the public hearings.
After investigation, it emerged that the executive deemed it fit to fill the senior administrative
positions first before the junior ones (ward administrators) hence the delay.

20.2 Findings
The executive delayed the appointments so as to procedurally fill in the positions of senior
officers before the junior ones.

20.3 Conclusion
The complainant had a genuine fear; however, the delay was explained (as per the findings
above)

21. It was alleged that in the recruitment of chief officers, Mr. Juma Mwandawiro and
Henry Mbilo, who were very experienced, were interviewed for public works and
administration and devolution dockets respectively but were not employed.
21.1 Narration
According to an interview with the CPSB, when an applicant is interviewed it does not
guarantee appointment. At the same time a number of interested persons are interviewed to
compete for only one position. The person who qualifies must have satisfied the interviewing
panel. For the appointment of chief officers, the Governor appoints a candidate for vetting by
the County Assembly from a pool of names recommended by the CPSB. According to the
CPSB, security intelligence scrutiny is also involved for senior positions.
It should be noted that during interviews some candidates may emerge better than others.

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21.2 Findings
According to the records availed to the taskforce, Mr. Juma Mwandawiro applied for the
position, was shortlisted and interviewed; he did not qualify for the position.
Mr. Henry Mbilo also applied for the position of the Chief Officer Administration and
Devolution, was shortlisted and interviewed; but did not qualify for the position.

21.2 Conclusion

22. Alfred Shereta claimed that out of eleven names that had been shortlisted for chief
officer position in administration and devolution department he was surprised that the
position was awarded to Mr. Nuhu Bakari who was not among them. He requested that the
posts be re-advertised. The list of those shortlisted was tabled

22.1 Narration
This allegation was raised through the email and during the public hearings.
He claimed to have applied for 3 job positions in the county:-
i. County Executive Committee member-Administration, Devolution and Community
Participation.
ii. Member of the County Assembly Service Board.
iii. County Chief Officer-Administration, Devolution and Community Participation
On the first two, he received no communication but on the third, he was shortlisted and invited
for interview together with ten other candidates. He claimed that Nuhu Bakari Kighamka, who
was not shortlisted and did not attend the interview, was nominated for vetting by the County
Assembly vetting committee. He wrote a letter to the Governor asking for an explanation but
received no reply. He claimed to have raised an alarm through the Civil Society and a petition
was raised to stop the vetting of Nuhu Bakari.

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22.2 Findings
According to the report from the CPSB, Mr. Nuhu Bakari applied for the lands, the
Community Affairs as well as the administration and devolution portfolios. Nuhu was only
shortlisted for the position of Chief Officer for Lands which he was interviewed.
H.E the Governor, nominated him for vetting by the County Assembly as a chief officer for
Administration and Devolution; he stated that there was need to consider gender parity,
inclusivity of minorities and those living with disabilities and fair geographical distribution.
The county assembly however, did not vet Nuhu Bakari on grounds that he had not
procedurally applied and interviewed for the portfolio (of admin and devolution); hence
rejected him.

22.3 Conclusion
Since the position is still vacant, the taskforce recommends that the post be re-advertised.

23. It was proposed that the vacant chief officer positions be filled; i.e. CCO Community
Affairs, Trade and Tourism and CCO Administration and Devolution.
23.1 Narration
This proposal was made during the public hearings.
An interview with the H.E the Governor revealed that initially he had appointed the chief
officers from the names which had been recommended to him by the CPSB in accordance with
section 45 of the County Government Act 2012; however the county assembly did not approve
the two chief officers for Administration and Devolution and Community affairs, trade and
tourism. H.E the Governor said that he was working on the issue.
Further interview with the CPSB revealed that it was the role of the appointing authority to
identify the gap and communicate to the board accordingly.

23.2 Findings
The names presented for vetting to the county assembly for the two positions were rejected.
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The nominee for CCO administration and devolution was disapproved by the county assembly
on the grounds that he had not procedurally applied and interviewed for the portfolio, but for a
different portfolio of lands.
The nominee for CCO community affairs, Trade, and Tourism was disapproved by the county
assembly for not showing the required satisfactory competencies commensurate with the
position, namely the relevant knowledge and experience in public management.

23.3 Conclusion
The vacant Chief Officers Position for the department of Administration & Devolution
should be re-advertised.
The vacancy pertaining to the chief officers position for Community Affairs, Trade &
Tourism is left at the discretion of the County Executive. However, for a long-term solution,
the taskforce notes that this is a docket that requires a multi-professional person which could
also pose a challenge to effective service delivery and therefore recommends that the docket
be split into two or as it may deem fit by the executive. This recommendation may also apply
to ICT, Roads, Public works, and Energy department which is equally expansive. It is also
the view of this taskforce that clear staff vetting guidelines are put in place.

24. It was alleged that the percentages of people with disabilities who were appointed in the
recent recruitment of 20 ward administrators was zero; in all the appointments made by
the County Government there was no person with disabilities. It was requested that in all
jobs, the county Government should ensure that 5% are people with disabilities.
a. Narration
This issue was raised during the public forums.
In response, the CPSB stated that as much as they wished that 5% of those recruited for ward
administrators positions be PWD, one PWD who appeared in the interview was not successful.
In the recruitment process of most advertised positions, the CPSB stated that they did not get
qualified PWD to fill them.

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24.2 Findings
The documents availed did not indicate the PWD who had applied for positions and who had
been interviewed. However, the CPSB mentioned a challenge they were having of getting PWD
who could fit in the advertised position and that it was also their wish to have them on board.
The taskforce also found that among the appointed officers working in the County Government
are two PWD.
24.3 Conclusion
Whereas the CPSB wished to ensure the 5% consideration of PWD; the allegations made were
general and not supported by facts.

25. Michael Merinyo, a PWD, alleged to have applied for ward administrator position and
believes to have had the qualifications but was denied the chance.

25.1 Narration
Indeed Mr. Merinyo was shortlisted for the ward administrators position and was interviewed

25.2 Findings
The CPSB revealed that they considered the functions which were entailed in every position
during the recruitment exercise.

25.3 Conclusion
Since appointment depends on how someone has performed in an interview, the decision by
the CPSB is hereby upheld.

26. It was alleged that there was no regional balance in appointing CEC members, most of
them came from Wundanyi. In the ten (10) posts for CEC members, Taveta had been given
only one (1) slot which did not count as the person appointed (Hon Masamo) was a
relative to H.E the Governor.
26.1 Narration
This allegation was raised in the public forums.
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In an interview with H.E the Governor, the task force was informed that the CECs positions
were sourced competitively.

Findings
The distribution of the positions are as follows:-
CEC Finance Mwatate Sub County
Admin and Devolution - Mwatate Sub County
Agriculture Mwatate Sub County
Lands Mwatate Sub County
Education Wundanyi Sub County
Health Wundanyi Sub County
Water and irrigation Wundanyi Sub County
Public Works and ICT Wundanyi Sub County
Livestock Voi Sub County
Mining Voi Sub County
Community Affairs and Trade and Tourism - Taveta Sub County
The regional dispersion of the CEC positions may have been influenced by such factors as
those mentioned in the introduction of this report.

Conclusion
Given the above facts, it is evident that Wundanyi and Mwatate shared the CECs slots equally.
Taveta and Voi received one and two slots respectively. Since the CECs were competitively
recruited the issue of relationship of Hon Masamo with H.E the Governor should not arise.
Regional balance was looked into after the successful candidates were sourced.

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27. It was alleged that there was no regional balance in the appointment of members of the
County Public service Board. Most CPSB members came from Wundanyi constituency.
27.1 Narration
This allegation emerged from the public forums.
According to section 58 of the County Government Act 2012, the chairman, the secretary and the
members of the board have different qualification requirements. The members of the board went
through a different recruitment process to the one of the secretary and the chairman hence
regional balance was considered during the different times when they were subjected to the
recruitment process.
27.2 Findings
The taskforce discovered that the regional distribution of the board members according to their
areas of permanent residence was as follows:-
Member Ward Sub County
i. Mr. Tangai Ngoma chair Mwanda/Mghange Wundanyi
ii. Mrs. Mngoda Evelyn Shighi Ngolia Voi
iii. Mrs. Margaret Mwachanya Bura Mwatate
iv. Mr. Isaac Makange Mboghoni Taveta
v. Mr. Stanley Kidondi Mahoo Taveta
vi. Mrs. Rhoda Mwashighadi Mbale Wundanyi
vii. Mrs. Elipida Mwakamba - Sec Kaloleni Voi

NB :- The requirement needed for the appointment of the chairman and the secretary vary from
the other 5 board members. However the issue of regional balance is put into consideration
Conclusion
The available data indicates that there was regional balance.

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28. It was alleged that there was no regional balance in the appointment of Sub County
Administrators for Mwatate and Wundanyi sub counties as they both came from Mwatate
Sub County
28.1 Narration.
This allegation was raised from the public hearings.
From the data availed to the taskforce by CPSB it was found that the positions of the sub
county and deputy sub county administrators were distributed as follows:-
Voi Sub County 2
Mwatate Sub County 2
Wundanyi Sub County 2
Taveta Sub County 2

28.2 Findings
Based on the areas of permanent residence, the taskforce found that the distribution of the sub
county and deputy sub county administrators was fair.

28.3 Conclusion
The allegation was disapproved by the available information given above.

29. It was alleged that Muslims had not been considered for appointments in the County
Government.

29.1Narration
An interview with the CPSB and H.E the governor found that, positions are competitively
filled; gender parity, inclusivity of minorities and those living with disabilities and fair
geographical distribution is normally considered after having interviewed the shortlisted
applicants.

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29.2 Findings
The taskforce found that some of the officers recruited were Muslims; this included the Chief
of Staff, two PAs to CEC members, one senior driver, one deputy sub county administrator
and one ward administrator.

29.3 Conclusion
According to the available evidence, the allegations were not supported by facts.

30. They wanted to know why the ward administrators were coming from other wards and
not from their wards of origin; it was claimed this would not augur well with their
performance as they did not know the areas they were deployed to work in. Reposting was
proposed.
30.1 Narration
From the interview with the CPSB and CEC Administration and Devolution it was revealed
that it was a deliberate decision to post the ward administrators in different areas since they are
professional public servants and they could be posted anywhere within the county.

30.2 Findings
The ward administrators are professional public servants and they can be posted anywhere
within the county. They were not posted in their wards of origin due to fear of conflicts of
political interests.

30.3 Conclusion
From the findings above, the government was justified in the postings of the ward
administrators and with time transfers would be done.

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31. It was alleged that there was ethnical discrimination in the sub counties when it came to
job opportunities- Mwatate and Wundanyi were benefitting more than Voi and Taveta
which were cosmopolitan towns.
31.1 Narration
The allegation was raised from the public hearings.
The taskforce gathered that, while in Wundanyi the residents were complaining of the Taveta
being favored, in Taveta the residents were complaining of the Taita residents being favored.
In another case, there was a complaint that the Taitas born and brought up in Taveta were not
being considered for job opportunities.

31.2 Findings
The county government had recruited and posted officers irrespective of their ethnical
backgrounds.
From the information availed to the taskforce all the ethnic groups in all the sub counties were
represented in the county government job positions.
Furthermore in the current appointments of principal administrators, the CPSB gave
consideration to the minorities who are of non-dominant communities in the county.

31.3 Conclusion
The allegations were unfounded.
It is important that the spirit of co-existence is built as envisaged in the Constitution of Kenya
2010 so as to achieve cohesion in the County.

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32. Linda Omondi with a Diploma in Journalism and Mass Communication alleged to have
applied for a job and thought she was not considered because of the fact that she was from
a minority group in the County (Luo community)

32.1 Narration
The allegation was raised through the official email of the task force. However, when she was
requested by the chairman to provide her documents she failed to do so.

32.2 Findings
Due to lack of documentary evidence from Linda, the taskforce could not initiate any
investigation.

32.3 Conclusion
The allegation lacked supporting evidence.

33. It was alleged that the Wesu Hospital Board had not advertised jobs; casuals had also
stayed for more than 2 years without getting absorbed on permanent terms.
33.1 Narration
The jobs have not been advertised and the casuals have served on the same basis for quite a
long time without being absorbed on permanent basis.

33.2 Findings
An interview with the board revealed that they were collaborating with the county executive to
ensure that they involve a consultant to guide in staff establishment in all the departments.

33.3 Conclusion
The allegation was found to be true; this taskforce calls for necessary action to be taken as per
the labor laws.
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34. During the recruitment of county drivers, Apollo Nguta claims to have been
interviewed and left out in unclear circumstances in the second practical interview.
34.1 Narration.
This allegation was made through email.
Mr. Apollo Nguta saw the advert on the Daily Nation newspaper on the positions of drivers and
applied. His name was among the shortlisted and called for an interview which he attended at
Voi municipal offices. While waiting for the second interview for the same, he visited the CPSB
office where he learned that his name was on the file for the shortlists of the second interview of
which he was never called. The response given to him was that he was called and told them
that he was busy; and he poses a question How can I say that I am busy for the job I need?
He gave the mobile nos of 0720833160 and 0722 556758 as those of CPSB officers he had
communicated with. Mr. Nguta forwarded his documents to the taskforce to support his
allegation.

Mr. Nguta also said that he had vast experience while working with World vision in most
parts of Kenya including harsh regions like West Pokot.

34.2 Findings
One of the mentioned telephone numbers, 0722 556758, was identified as belonging to Rachael
Mwadime who is a CPSB staff.
From the record availed by the CPSB, Apollo Nguta indeed applied and was shortlisted for the
senior drivers position.
According to the records availed by the CPSB, he went through the first interview, of which he
passed and was shortlisted for suitability test. According to the records he was not available on
phone.
An interview with the CPSB said that they tried reaching him for four days but in vain.
However, the CPSB said that Mr. Nguta should have also lodged an official complaint to the
board.

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34.3 Conclusion
Mr. Nguta should make an official complaint/appeal with the CPSB or appeal as per Sec 77 of
the County Government Act 2012.
35. Mr. Benjamin Mwandoe Mwawasi alleged to have applied for the Position of County
Chief Officer-Education, Taita Taveta County but despite being shortlisted for interviews,
he wasn`t interviewed for the position.
35.1 Narration
This allegation was made over email to the taskforce.
Mr. Benjamin Mwandoe applied for the Position of County Chief Officer-Education, Taita
Taveta County. He was shortlisted for the interviews and informed the taskforce that he was
never interviewed for the position.
He had been called through two cell phone numbers (0788 186 436 and 0718 988 717) and
was informed that the interviews had been postponed.
After lapse of time before being called back he called through the numbers and was informed
that the interviews were to be held at a date that was to be communicated to him since the
Public Service board members had travelled to Mombasa for a seminar. After about a week he
called again but was told that he would be called when the Public Service board members were
ready for interviews.
To date he has never been called while the positions were filled.

35.2 Findings
The task force found that indeed Benjamin Mwandoe Mwawasi applied and was shortlisted for
interview in the position of Chief Officer Education.
The telephone numbers given were found to be from the county government offices.
The applicant also forwarded to the taskforce his application for the position, relevant
certificates and his CV.
It was noted that all Chief Officers were contacted from Voi CPSB offices.
Previously, Mr. Mwawasi had claimed that he had been contacted with the numbers 0718 703
359/0732 604811 which were verified by the CPSB through a True Caller software as those
from the County Assembly switchboard.
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The mobile numbers which Mr. Mwawasi later gave over email (0788 186 436 and 0718 988
717) belong to the office of the Governor.
The CPSB said that they only use one official number +254710988453 which is usually used by
the secretariat. The chief officers interviews first lot was contacted by Mrs. Rachel Mwadime
and second lot interview were contacted by Mrs. Anna Sauka since Mrs. Mwadime was on
maternity leave.
35.3 Conclusion
The inconsistency of the telephone numbers used above is a clear indicator of communication
breakdown between Mr. Mwawasi and the CPSB; hence he was not interviewed. However Sec
77 of the County Government Act 2012, gives a provision for appeal to any person dissatisfied or
affected by a decision made by the County Public Service Board

36. It was alleged that Mrs. Rachel Mwadime, Senior Administrative officer, had employed
her relative (Tecla) as a casual supervisor.
36.1 Narration
This allegation was raised during the public hearings.
An interview with Rachael revealed that indeed they are distant relatives. Tecla is a daughter to
her distant cousin. She further explained that she did not influence her appointment as an intern
in the County Government in Voi Sub County in 2013 as she had already been deployed to
Wundanyi to work in the CPSB office as part of the Secretariat.

36.2 Findings
The taskforce found out that when Tecla was being engaged, Rachel had already been
deployed to Wundanyi.

36.3 Conclusion
The CPSB should exercise their role in casual employment as required by the County
Government Act 2012 (article 74) so as to resolve the issue in a professional manner and avoid
political interference in the process.

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4.2 ALLEGATIONS ON FORMER LOCAL AUTHORITIES STAFF

The allegations made under this sub-heading refer to events that took place during the former
local authorities.

37. It was alleged that the former Voi Municipal Council Revenue officer Josephine Kache
had employed the following relatives: (Kennedy Maghanga and Rose Mwavunga Maungu)
37.1 Narration
An interview with Kache revealed that when she was transferred to revenue department she
found that the two had already been hired as casuals back in 2011. She said it was alleged that
the two had been brought by Mr. Alloyce Kiteto who currently works in Tana River.
She said that she is not related to any, but understands that Kennedy Maghanga was the first
cousin to Alloyce Kiteto; but she did not know the relationship between Rose and Alloyce.

37.2 Findings
When they were being appointed she was not there but she found them in the department and
are related to her.

37.3 Conclusion
The Taskforce resolved that the allegations were unfounded.

38. It was alleged that the former Voi Municipal Council Security officer Mr. Menya had
employed his own daughter called Sylvia as a bus park attendant.
38.1 Narration
This allegation was raised during the public hearings. An interview with Mr. Menya revealed
that he advised his daughter to go to the former Voi Municipal offices to try her luck for the
casual jobs.
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Mr. Menya said that he had no authority to employ or influence and that his daughter sought
employment just like anyone else. He said when his daughter was employed Rachael Mwadime
was the one in charge of casual staffing.
38.2 Findings
The Taskforce found out that Mr. Menya had no authority to employ but could not gather
much information owing to his hostile responses during the interview.
Even if Mr. Menya did not influence directly but him being a staff in the institution might have
had an indirect influence by directing his daughter to seek employment where he was also an
employee.

38.3 Conclusion
The CPSB should exercise their role in casual employment as required by the County
Government Act 2012 (section 74) so as to resolve the issue in a professional manner.

39. It was alleged that Asha Mwamburi Ndose (former Voi Municipal Council Bus park
supervisor) had employed Yusuf and Mlisho (sons of Ashas sisters)
39.1 Narration
An interview with Asha Ndose revealed that she was formerly employed by the then urban
council as a nursery school teacher. When the council nursery school program was discontinued,
she was deployed to the cess collection section.
On whether she had authority to influence hiring, she denied having any influence. However, she
said that, during the former town council, she was once offered a chance by Kache to bring in a
person for employment known to her; she gave this chance to someone else who brought a
person that was later fired for misconduct.
She admitted that Ali Mlisho was her nephew and that Yusuf Kasenges mother (who was her
sister) used to work in the council before she retired. They were all employed like other casuals
and that she did not have any influence. Mlisho started off as a garbage collector (with tractor),
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moved into mapping and recording of billboards within the council, before getting into cess
collection. Yusuf also started off as a garbage collector (with tractor), was laid off at some point
before being brought back to work as a cess collector. She said that casuals retained their jobs
based on their performance.
She admitted that political leaders had influence in recruitment of casuals
She said that she supported the idea of the CPSB regulating hiring of casuals.

39.2 Findings
The taskforce found out that council employees and councilors were un-procedurally allowed
to bring in people when opportunities for casual employment arose.
In this instance, the taskforce found out that Kache (revenue officer at the time) was asked by
the then treasurer if she could find anybody of her choice as there was a casual employment
vacancy, that was when she asked Asha Ndose whether she had anyone in mind; Asha Ndose
then brought Ali Mlisho (her nephew) who now works at the cess department.

39.3 Conclusion
Asha Ndose did not employ but took advantage of the un-procedural process given to her to
bring in her relatives.

40. It was alleged that employees of former local authorities were absorbed by the county
government without being subjected to any vetting process.
40.1 Narration
The taskforce found that the as per section 138 of the County Government Act 2012, the
employees formerly working under the local government were automatically seconded to the
county government as provided by the act and that no vetting was done. However, any
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disciplinary issues to do with the county staff could be directed to the CPSB for it to act
accordingly.

40.2 Findings
The taskforce found out that the employees of the former local authority were not vetted.

40.3 Conclusion
The allegation is true. Section 138 of the County Government Act 2012, only provides for the
former local authority employees to be seconded to the county government.

41. It was alleged that a staff of the former Taita Taveta County Council was jailed for 6
months but was offered employment by the county government
41.1 Narration
The taskforce found out the employee in question was Mr. Crispin Righa.
Mr. Crispin Righa was working as a casual as a toilet attendant by the time he was arrested
during an illicit brew raid and jailed. He served his term and was later released. He was later
sought for to continue with his work of toilet cleaning as a casual.

41.2 Findings
Mr. Crispin Righa was indeed arrested and jailed for 6 months. However, he was not a
permanent employee but only a casual.

41.3 Conclusion
The allegation has no merit as far as the taskforce is concerned as he was not a permanent
employee.

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42. A certain lady from Mwatate, (Mawondo) has served for 10 years as a casual but others
who came later were absorbed on permanent terms.
42.1 Narration
This allegation was raised during the public hearings. Mawondo has worked in different sections
in the former local authority including conservancy and revenue collection for about 10 years as
alleged.
42.2 Findings
She is still working under the county government as a casual employee in Mwatate.

42.3 Conclusion
The allegation is true. The taskforce recommends that the issue be looked into by the CPSB, with
a view of employing her permanently.

43. It was alleged that there were casuals in the defunct Municipal council of Voi who had
worked for two years without being absorbed on permanent terms.
43.1 Narration
The issue was raised during the public hearings.

43.2 Findings
The taskforce found that there are many casuals who have worked for a longer period without
being absorbed permanently. This was greatly attributed to the freezing of employment by the
former local government. However, this contravenes Sec 35 to 37 of the employment Act 2007.

43.3 Conclusion
The allegation is founded. The CPSB ought to expedite their plan of engaging consultant to do
job analysis and staff establishment in their quest to solve the issue of casual workers.

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44. Other allegations which were raised during the public hearings
ALLEGATION FINDINGS CONCLUSION
1. Rose Mbala was working with
her mother (Constance Mbala) in the
County Government.

Rose is a tea lady while
her mother is a revenue
collector

These are staff inherited
from the defunct local
authorities and working
in different departments.
2. Dorah Mjomba was working
with her brother (a plumber) in the
County Government.

Dorah is a tea lady in
Wundanyi while her
brother is a plumber in
Mwatate
3. Mr. Bakari Phile the former
Clerk Voi Municipal Council
employed the following who were
from Kwale :- (Athman and Mwayaya)
Phile no longer works
with the County
Government.
Athman and Mwayaya
were inherited from the
defunct local authorities
The taskforce was unable
to contact the alleged
officers since they no
longer work for the
county government.
4. The former Accountant of
former Municipal Council (Festus
Mulu) had employed Mulwa
Mulu no longer works
with the County
Government.
Mulwa was inherited
from the defunct local
authorities.

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5.0 GENERAL OBSERVATIONS AND RECOMMENDATIONS

5.1 Failure by the Complainants to Substantiate the Allegations of Nepotism,
Favoritism and other Malpractices in the recruitment process
From the investigation by the taskforce, some of the allegations of nepotism by the public could
not be justified. Our request to members of the public is to be providing substance for any
allegations they make so that they can be effectively responded to.
Allegations of nepotism and favoritism have a serious effect on the dignity and credibility, not
only of the person that has been appointed or promoted, but also on the person that is allegedly
responsible for such an appointment or promotion.
Although the taskforce appreciates the perception that there were some appointments of related
persons in the County Government that might point to nepotism, any such allegation should be
based on facts rather than only on the existence of a family relationship or friendship. This
taskforce strongly recommends that the County Assembly should expeditiously enact legislation
on nepotism and favoritism guided by the Constitution of Kenya 2010 to govern all employment
and other opportunities in the county.
There have been calls to those working outside the county to come home and offer their
services/expertise in their home county. It is high time the Taita Taveta residents realized that
labor force is a resource; hence those working in the diaspora have a right also to competitively
apply for the jobs.

5.2 Personal Assistants to the CECs (PA education, PA Agriculture, PA
Community Affairs)
According to the Cabinet resolution (minute no. 8/9/2013 as quoted in a letter from the then
Interim County Secretary to the CPSB Ref. GOV/TT/ST.17/VOL.1/3 dated 18
th
September
2013) the choice of the CECs PAs was personal.
However, the inability of the CPSB to create that office seems inappropriate as it could lead to
a suggestion that there was an intended purpose to appoint a particular person.
Therefore the taskforce recommends the following on this issue;
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i. The PAs mentioned should continue with their jobs so long as they qualified and were
proven to be competent.
ii. Necessary follow-up should be made to ascertain whether the offices of PAs were
procedurally established
iii. The CPSB need to come up with policies and guidelines in the PAs recruitment and
terms of service.

5.3 Appointment of Advisors and personal Assistants to the H.E the Governor
The circular on appointment of personal assistants and Advisors provided by the Transitional
Authority set out the guidelines for appointment of such persons.
The guideline provides the education level for such persons and their appointments is entirely at
the discretion of the Governor who selects qualified persons to serve as such and hands over the
list to the CPSB for regularization
It is of much importance to note that the two positions are so crucial and great caution ought to
be taken in their selection and appointment. A personal Assistant for instance handles very
important information on behalf of the Governor and at times acts as the Governors mouthpiece
if not a confidant. The appointee has to be someone of high morals and trustworthy.
The Advisor on the other hand advises the Governor on important County issues and his
appointment should entirely be at his discretion to avoid being misled.

5.4 Allegations on Nepotism and Favoritism in job appointments
Subsequent interviews with H.E the Governor stated that even though Sec 35 and Sec 30(2) d of
the County Government Act allows him to nominate his executive committee members; CEC
members were competitively sourced and appointed after having undergone a rigorous
recruitment process.
The Constitution and specifically Chapter 4 on Bill of rights stipulates that one has a right to
employment anywhere within the Country as long as one meets the threshold as envisaged at
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Chapter six of the Constitution, has qualified for the job and has gone through the required
process for appointment for the job.
This right is extended to anyone irrespective of relations and barring someone from seeking
employment at the County Government on the pretext of being related to the Governor and/or
any officer thereat amounts to violation of that persons right and freedom as enshrined in the
Constitution.
On the issue of favoritism and/or influence, the burden of proof thereof lies on the accuser
who ought to prove that an appointee was indeed favored and/or a person of authority
influenced such appointment stating the manner in which the same was done. Unless the
appointee wasnt qualified for the job and/or did not undergo the vigorous recruitment
process, then the same ought to remain as mere allegation based on hearsay with no proof or
at all and ought to be abandoned accordingly.
The public outcry expressed through all public forums and the frequency of allegations made
on a particular issue, came out clearly through statements received from interviewees. This
was demonstrated by a sequence of events outlined that led to an allegation proven valid.
While the interpretation of the bill of rights ought to address individual rights, it is worth
noting that, this is in relation to a public resource; where the public also has a right to demand
for its distribution equally and equitably in a manner that guarantees peaceful and harmonious
co-existence. Our recommendations therefore still demand interpreting the constitution while
acknowledging its supremacy, but read in its entirety and not in isolation of other references
for individual convenience; also reason, so as to apply it on reality; and tradition, so that
negative practices are not carried over to this new system of governance.
5.5 The Allegations on Flawed Recruitment process
i. The CPSB in collaboration with the County Government should establish a Rapid
Response Initiative in handling serious public grievances for instance on the issue of
recruitment of County Policing authority members. Members of public had to file a
petition to the County Assembly.
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ii. In the County Policing Authoritys position, as the procedure for appointing the members
is clearly outlined in the National Police Service Act, Sec 41, anyone who is not
contented to the manner in which the recruitment process was conducted should follow
Sec 77 of the County Government Act 2012, for redress. However, in relation to the
National Police Service Act No. 11 A, Sec 41, 4(b), this taskforce recommends consideration of
representation of Muslims.
iii. The County Government should ensure that public participation structures are put in place
according to Sec 91 of the County Government Act 2012; not all the advertisements
reached the people at the grassroots level thereby denying them the opportunity to apply
for the jobs.
So as to comply with Section 66 of the County Government Act, the CPSB should devise
or use varied ways of publicizing information in the County level, including in the rural
areas, to ensure that each and every person is informed.
The CPSB in collaboration with the executive may use a County magazine, for instance,
to ensure wide circulation of information to the rural areas at an affordable price, as well
as well as establishing a County Radio FM where information can be circulated in
vernacular languages. The County can also have public notice boards at designated places
within the County where specific announcements will be posted including job vacancies.
The same can also be employed at the Ward level where such information can be placed at
the ward offices (Section 35 of the Constitution of Kenya 2010 provides that every citizen
has a right to access to information)
iv. During public hearings, some residents alleged that the CPSB was the root cause of all
the problems which led to the public outcry. The CPSB revealed to the taskforce, in an
interview, that all the appointed candidates met the requirements of Chapter Six of the
constitution by forwarding the required documents, however, some candidates were
interviewed without the documents to fulfill the requirements of Chapter Six of the
constitution (also as indicated in the job adverts by the CPSB) though they were asked to
bring them later. This is a grave concern as it amounts to violation of a constitutional
requirement. The taskforce therefore recommends that;
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a) CPSB should give applicants ample time to allow them to look for all the
documents required in the chapter six of the constitution whenever jobs are
advertised.
b) The executive must take appropriate action on the CPSB for violating Chapter Six
of the Constitution [CGA 2012 :- 58(5) a,b and COK 2010 :- Art. 251 (1)]

v. The taskforce recommends that the Chief Officer Positions for administration and
devolution be re-advertised.
vi. The nominee for CCO community affairs, Trade, and Tourism was disapproved by the
county assembly for not showing the required satisfactory competencies commensurate
with the position, namely the relevant knowledge and experience in public management.
The vacancy pertaining to the chief officers position for Community Affairs, Trade &
Tourism is left at the discretion of the County Executive. However, for a long-term
solution, the taskforce notes that this is a docket that requires a multi-professional person
which could also pose a challenge to effective service delivery and therefore recommends
that the docket be split into two or as it may deem fit by the executive. This
recommendation may also apply to ICT, Roads, Public works, and Energy department
which is equally expansive. It is also the view of this taskforce that clear staff vetting
guidelines are put in place.
vii. Affirmative action should be employed to enable women and people of disabilities to
fully participate in the development of the County and compete for several positions
since in most instances they tend to shy away from them.
viii. It is the recommendation of this task force that as the county government would be
coming up with employment policy, where applicable, the gender consideration should
be made as per the administrative units of origin of the applicants.
ix. In coming up with the recruitment policies, the CPSB should make a provision for
appeals on matters related to the recruitment process ( appointments, promotions and
disciplines)

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5.6 Employment of Casuals
i. The CPSB should speed up the initiative of collaborating with the county executive to
ensure that they involve a consultant to guide in staff establishment in all the departments
with regard to solving the issue on employment of casuals.
ii. Concerning those who had no academic qualifications for some county jobs, the taskforce
recommends that they may be considered for casual jobs while encouraging them to
advance on their education and skills.
5.7 Staff from former Local Authorities
The County Government Act Section 138 provides that these officers shall be deemed to be in
the service of the County Government on secondment. This therefore means that the former
local authority staff were automatically absorbed by the County Government.
The County Government Human Resource department and the CPSB should review the
integrity, performance and academic qualifications of all the staff from the former local
authorities with a view to building their capacity.
5.8 The unsuccessful applicants for jobs were not communicated to hence did
not know the outcome of their applications (regret letters were not sent)
A clause should be made in the advert stating that if the applicant does not hear from the
recruiting agency within a given period of time then he/she should consider her/his application
unsuccessful.
Regret letters should always be sent to the unsuccessful interviewees of a given position.
5.9 Empowering the CPSB
We need to bear in mind that the County Government is a new creature and that several
considerations as per the constitution have to be adhered to by the CPSB when conducting
recruitment. Issues of regional balance, gender issues, taking into account minority groups,
religious issues, have consideration for the youths etc. It may be difficult for all these
considerations to be met in some instances and the board may actually be forced to compromise.
Note that the CPSB does not have County employment guidelines but depends on the National
guidelines which may not be favorable to our environment.
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Part VII of the County Government Act provides for the County Public Service with the
objectives thereof being among others to provide for the organization, staffing and facilities for
proper functioning of the County Public Service in ways that ensure efficient, quality and
production of services for the people of the County. Section 57 thereof establishes the County
Public Service Board with its composition being set out at section 58 of the Act
We therefore recommend that in future the following measures should be taken by the County
Government;
a. That the CPSB be trained. We note that members are drawn from different professions
relevant to the society however there is a need for them to be trained on recruitment and
appointment of staff, public relations and communication and human resource issues. In
addition there should be constant refresher training to enable them adopt on new trends
and needs.
b. That the County to have a human resource manager on board during the recruitment
process and when conducting interviews to guide the CPSB on human resource issues.
c. The County should immediately form a committee to engage the public to give its views
on how the public would wish to have recruitments done and thereafter develop
guidelines and policies/regulations on recruitments and appointments which shall be so
unique to the County and shall be applied by the CPSB when conducting
recruitments. Great caution should be exercised when developing such guidelines which
should be in line with the constitutional provisions and the Public Service Commission.
d. The CPSB should be equipped with staff of all cadres and facilities like vehicles, offices,
office accessories, public /customer relations officers who should be able to handle any
information.
e. The CPSB should employ/engage a legal advisor who will be handling contentious
issues which need legal interpretation.

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CONCLUSION
The role played by this taskforce was of great importance. The public should not be silent
(Article 33) if the leadership appears outweighed by issues facing the population. The public
demand a right to service (H.E. John Mtuta Mruttu: Madaraka Day Celebration, 1.6.2014).
Similarly, the public whose role in the implementation of devolution is fundamental (Article
174), need thorough civic education, so that they can be empowered to respond knowledgeably
while making their contributions and commenting on issues affecting them. Civic education on
community participation, and the cause of prevailing conflicts into what is being perceived as the
inability of the County Government to effectively communicate with its population, is in
demand.
It is the desire of this taskforce that these recommendations are timely implemented.
5.10 Limitations to this investigation
This investigation study has the following limitations:-
1. The taskforce could not access some key documents to respond comprehensively to some of
the allegations.
2. Some of the allegations raised touched on the County Assembly Service Board, but the
taskforce was only limited to carrying out its investigation on the executive arm of the
County Government.
3. The exercise was anticipated to take the shortest time possible; however, this was determined
by the availability of targeted interviewees, supporting evidence from the complainants and
secondary data from the various channels of recruitment in the county government as well as
the normal work schedule of the committee members.
4. Some allegations made by the members of the public were grave enough to warrant
clarifications from the mentioned government offices however their failure to substantiate
these allegations minimized our capability to give comprehensive conclusions
5. The taskforce could not get full co-operation from some complainants, government officials
and agencies mentioned

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6.0 REFERENCES

Community Protests in South Africa: Trends, Analysis and Explanations 2011 Report by: Jelani
Constitution of Kenya, 2010
County Government Act 2012
Discrimination and Nepotism: The Efficiency of the Anonymity Rule, Fershtman, Chaim &
Gneezy, Uri & Verboven, Frank: 2002.
Ethics and Leadership in Business and Politics; 2001 by Faan Malan and Ben Smit
Favoritism Journal by Yann Bramoull and Sanjeev Goyal; December 6, 2010
Hope for the Youth, 2014 by Osei Owusu Aduomi
How to Report Nepotism: Debra Rigas, 2014
http://csufacultyvoice.blogspot.com, 29.5.2014
http://www.nolo.com/legal-encyclopedia, accessed, 29.5.2014
http://www.hume.ufm.edu/images/b/be/Types_of_Nepotism.pdf
http://www.scu.edu/ethics/practicing/focusareas/government_ethics/introduction/cronyism.html
Human Resource Management in Developing Countries by Pawan S. Budhwar, Yaw A. Debrah;
2006
Kenya National Assembly Official Record (Hansard) 15 Jun 2005
Kenya National Assembly Official Record (Hansard) 24 Mar 2010
Kenya National Assembly Official Record (Hansard) 4 May 1993
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Kenya National Assembly Official Record (Hansard) 8 Apr 2004
Kenya National Bureau of Statistics, 2009.
KNBS and SID Report; 2013
Kwale County Assembly Labor Committee Report 2013
Making the Bill of Rights Operational: Policy, Legal and Administrative Priorities and
Considerations, Kenya National Commission on Human Rights: 2011
Nepotism in the Workplace Journal 8 Things to Consider by Patricia Lotich; February 6, 2013
Nepotism in Organizations by Robert Jones; 2012
Public Service Accountability and Governance in Kenya Since Independence; 2013, Dr. C.
Odhiambo-Mbai
South Africa Public Protector Report Looking after ones own; Report No. 21 of 2012/2013
The Overall Outlook Of Favoritism In Organizations: A Literature Review. International
Journal Of Business And Management Studies, by Ozler.E.D.N., B. Buyukarslan.A.B Karamoko
2010 Report by: Hirsh Jain
The Motivation for Toward an African Moral Theory Thaddeus Metz, University of the
Witwatersrand: 2007
The Road to Equality? The Right to Equality in Kenyas New Constitution, Jim Fitzgerald: 2010
Ubuntu as a Moral Theory: Reply to Four Critics, Thaddeus Metz, University of the
Witwatersrand: 2007

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7.0 APPENDICES

7.1 TASKFORCE MEMBERS

Name Position Sign

1. Rev. Godfrey Mwanjulu Chairman ___________
2. Ms. Emily Mbashu Member ___________
3. Mr. Mande Jumanne Secretary ___________
4. Mrs. Dorcas Gibran Mwamba Member ___________
5. Mr. Haji Mwakio Member ___________
6. Mr. Ali Malogo Member ___________
7. Fr. Venant Mwazumbi Member ___________
8. Mr. Paul Olinga Member ___________
9. Secretariat team

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7.2 DATA USED BY THE TASKFORCE DURING THE INVESTIGATION
Recorded allegations from the public
Facebook allegations Between 5
th
of March 6
th
of March
Written submissions through email, during public hearings & other written documents to the
taskforce
Written complaints from some specific applicants
Data from County Assembly on:-
County Assembly Vetting Committee minutes for CECs, CPSB members
Copies of letters of approval of the mentioned CECs
County Assembly Vetting report of the chairman of CPSB
Approval report by the County Assembly for the County Chief Officers
Summary of academic qualifications of CEC members
Academic documents for Hon Mwangeka
Interview rankings for County Chief Officers
Correspondence between executive and CPSB on PAs appointments
Minutes from the defunct Municipal Council of Voi dated Moday the 6
th
August 2012 on hiring of Casuals
List of staff from the devolved functions of government
List of staff from former local authorities
List of staff of casual employees
Correspondence on recruitment of interns
List of applicants and shortlists for various positions in the county as well as the appointed candidates
(Chief Officers, Sub County Administrators, Deputy Sub County Administrators, Ward Administrators,
Information Officers, County Treasury Officers, Principal Information Officers, Payroll Manager, Senior
Drivers, Internal Auditor, County Human Resource Officer, Budget And Expenditure Management
Officer, Human Resource Officers, County secretary, senior secretaries, county head of supply chain
management, county policing authority)
Job adverts of all the jobs in the county

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The Taita-Taveta County Taskforce on Nepotism and Favoritism in The Recruitment of County Government Staff

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