Across policy, legal and constitutional parameters, neat appointment for any man or woman to be appointed to serve in a public entity especially into a board or the pinnacle decision making body is quadruplicate; third gender rule, regional and ethnic balance, academic and professional competencies or achievements and most important, integrity.
The above general rules for consideration quite often do not matter in many appointments especially to entities relating to national or devolved units bodies. Instead, the same seems to be replaced by three factors; family ties, ethnic affiliation, friendship.
A luminary civil society actor in Kenya delves into this matter. In one of their reports, it is noted that political and public sector appointments in Kenya from 2022 to 2026 reveals a complex landscape where progressive constitutional provisions for the nomination of Persons with Disabilities (PWDs), youth, and women often clash with political party interests, resulting in slow, uneven, and sometimes tokenistic inclusion.
Taking for instance the appointments for the Kenya’s representatives to the 5th East African Legislative Assembly (EALA) for the 2022–2027 term are nine members elected by the bicameral Parliament in November 2022. Interestingly, two of the members are scions of key political figures in this country and the rest, are politicians with very strong links to political formations some who have held political leadership positions or still very active. While they qualify are within their rights as Kenyans, the cluster raises eyebrows.
Recently, Kenyans made fun while others raised pertinent issues about appointments made by the Nairobi City County government after one of the members to a board was through the public opinion scale, deemed ‘misplaced. While the above debate may be seen as just public banter, the substance of the matter needs to be highlighted with soberness.
This reminded me of a survey I participated in evaluating the appointment to special seats in County Assemblies, Senate and the National Assembly after the 2017 general elections. The survey laid bare the total disregard to the rule of law, greed and shamelessness of senior leaders in this country. The provisions guiding nominations is anchored on Article 90 of the Constitution of Kenya 2010 regarding the election for the seats in parliament provided for under article 97(1) (c) and 98 (1) (b), (c) and (d) for the members of county assemblies under article 177 (1) (b) and (c).
Nominations to the Senate should include 16 women nominated by political parties proportionate to the seats won, 2 representatives of youth (man and woman), and representatives of disabled persons (man and woman). Further, twelve persons are nominated to the National Assembly to represent special interest groups (youth, workers, persons with disabilities).
While the law provides for these positions, a scan on the situation since the 2010 constitution, all the three legislative bodies transact this business on a whimsical basis. When it comes to the youth factor, anybody including those beyond retirement age can be appointed and the special groups category is even messier- persons can be appointed without certificates to show that they are either with a disability or representing any workers body. In some cases, where the ‘’appointing’’ authority is not interested, some positions are not filled.
A look at the key boards especially the parastatals show even a scrappier situation. Most of the boards in Kenya almost appear like a club of old bodies especially those affiliated to politicians and political formations. Someone jokingly said that Boards are a reward system for political rejects (but in good books with the ruling elite). It is not a surprise to find a senior political party officer busy campaigning while at the same time, sitting in a Board.
I reiterate that all Kenyans deserve an opportunity to serve in any capacity, in any entity. However, the law and policy sets parameters for the nominations and management whether for private or public entities is a technical role that should only be the reserve for the appropriate and qualified persons.
What is the value addition for one to sit in a public entity board?
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