Parliament has summoned two counties over controversial bills
that seek to restrict 70 per cent of all employment in public entities
and private enterprises to local communities.
The
National Cohesion and Equal Opportunity Committee said the Bills passed
by Kiambu and Kilifi counties are “unconstitutional and untenable.”
“Under
my stewardship, this committee will not allow counties to pass
unconstitutional and divisive laws,” nominated MP Maina Kamanda said
shortly after being elected unopposed to chair the committee.
Mr
Kamanda directed his committee secretariat to immediately write to
Kiambu and Kilifi counties to appear before Parliament the first week of
January to explain why they were pushing for the bills that are
contrary to the Constitution and National Cohesion and Integration Act.
Mr
Kamanda said the committee will sponsor a Bill that will also go to the
Senate to gag any other governor from enacting divisive laws.
“We
have so many Kenyans working in America and Europe, UK and United Arab
Emirates and they are accepted. Then you hear people in their own
country being gagged that they can’t work in some place,” said Mr
Kamanda.
National Cohesion and Integration Commission
(NCIC) chairman Francis ole Kaparo has declared the commission will move
to court to challenge the controversial bills.
He said the bills are discriminative.
He said the bills are discriminative.
Kiambu last week passed Kiambu County Employment Bill 2017,
which compels companies operating in its boundaries to employee 70 per
cent of the dorminant local community.
It
hinged on the controversial Bill on Article 65 (1) (e) of the County
Government Act that require the dominant ethnic community in a county to
benefit from 70 per cent of the available job positions.
But this is a reverse interpretation of the law.
The
section demands that at least 30 per cent of jobs are filled by
candidates outside the dominant ethnic community in a county.
Shortly
after the approval of the controversial bill, governor Ferdinand
Waititu announced that all factories, estates and public institutions
will be required to adhere to the law to help create jobs.
He said the proposed law will serve to absorb at least 50 per cent of unemployed people in Kiambu.
Mr
Waititu said the law will apply even to public institutions like Jomo
Kenyatta University of Agriculture and Technology, Kenyatta University
and Kiambu Institute of Science and Technology.
Kilfi County followed suit and approved a motion that set aside 70 per cent of all public and private jobs to locals.
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