Auditor General Uncovers Employment Law Violations in State House and Deputy President’s Office
A new report from the Office of the Auditor General has revealed that State House and the Office of the Deputy President violated key employment laws during the 2023/2024 financial year.
The report highlighted serious breaches, including illegal salary deductions and failure to follow laws on ethnic diversity in public employment.
Unlawful Salary Deductions
According to the Auditor General, several employees in both State House and the Deputy President’s Office received significantly reduced salaries that went against the Employment Act of 2007. The law states that deductions from an employee’s salary should not exceed two-thirds of their total wages.
However, payroll records showed that some workers were left with a net salary below one-third of their basic pay.
The report disclosed that 78 employees in State House and 42 in the Deputy President’s Office took home less than a third of their basic salary, violating Section 19 of the Employment Act.
This section clearly states that employers should not make deductions beyond two-thirds of an employee’s salary unless authorized by the minister for a specific case.
“Analysis of payroll records for the period under review showed that 78 employees earned a net salary of less than a third of their basic pay, which goes against Section 19(3) of the Employment Act, 2007 (Revised 2012),” the report stated.
The Auditor General warned that such deductions could significantly affect employees’ financial well-being, leading to hardships that may impact their work performance.
Ethnic Imbalance in Hiring
In addition to salary violations, the Auditor General’s report also exposed a lack of diversity in hiring within the Deputy President’s Office. The findings indicated that 249 out of 542 employees—representing 46% of the workforce—came from the same ethnic community.
This goes against the National Cohesion and Integration Act of 2008, which requires public offices to ensure diversity in their staff. The law states that no single ethnic group should make up more than one-third of employees in a public institution.
“An audit of human resource records revealed that out of 542 employees in the Deputy President’s Office, 249 were from the same ethnic background, making up 46% of the total workforce,” the report stated.
This contravenes Sections 7(1) and 7(2) of the National Cohesion and Integration Act, which mandate government institutions to reflect Kenya’s diverse ethnic makeup in their hiring practices. The report emphasized the need for inclusivity to promote national unity and equal job opportunities for all communities.
Massive Budgets Allocated
Despite these violations, both offices received substantial funding in the 2023/2024 financial year. The Office of the President was allocated Ksh 3.58 billion, while the Deputy President’s Office received Ksh 2.60 billion.
The report did not clarify how these funds were utilized but raised concerns about mismanagement and non-compliance with employment laws.
The Auditor General’s findings have sparked discussions on the need for accountability in government offices. Many Kenyans are now questioning whether public funds are being used appropriately and whether employees’ rights are being protected.
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