Ethnic and Diversity Audit of Public Universities in Kenya

ETHNIC AND DIVERSITY AUDIT OF PUBLIC UNIVERSITIES IN KENYA

For further information, contact: National Cohesion and Integration Commission KMA Centre, 6th Floor, Mara Rd, Upper Hill P.O Box 7055 – 00100 Nairobi, Kenya Tel: +254 – 020-2585701/2 Cell: 0702 777 000 [email protected] Website: www.cohesion.or.ke National Cohesion and Integration Commission Twitter: @NCIC_Kenya

Uni Vol. II

Published by National Cohesion and Integration Commission P.O. Box 7055-00100, Nairobi, Kenya. www.cohesion.co.ke

ETHNIC AND DIVERSITY

AUDIT OFPUBLIC All rights reserved. Except for the quotation of short passages and sections, for which due acknowledgement must be made, this publication may not be reproduced nor reprinted without prior permission of the publisher. UNIVERSITIES IN KENYA

ISBN No. 978-9966-o44-13-6

NCIC Publication No. 3/2016

Uni Vol. II

Published by National Cohesion and Integration Commission P.O. Box 7055-00100, Nairobi, Kenya. www.cohesion.co.ke

All rights reserved. Except for the quotation of short passages and sections, for which due acknowledgement must be made, this publication may not be reproduced nor reprinted without prior permission of the publisher.

ISBN No. 978-9966-o44-13-6

NCIC Publication No. 3/2016

i Table of Contents Compliance with the NCI Act ...... 28 Executive Summary ...... vii Comparison with Previous Status of Compliance ...... 29 CHAPTER ONE ...... 1 Universities as Big Employers ...... 31 PUBLIC UNIVERSITIES IN KENYA ...... 1 Estimates of Recurrent Expenditure 2016/17, Compliance and Size of Work Force 32 Introduction ...... 1 Relationships, Causes and Compliance with NCI Act ...... 34 Problem Statement ...... 2 The Relationship between the Ethnic Group of Majority of Employees in Public Objectives ...... 2 Universities and Dominant Community in the University Location ...... 37 Rationale ...... 2 Comparison of Ethnic affiliation of Vice Chancellors of Public Universities in the year Summary of the Book ...... 3 2012 and 2016 ...... 38 CHAPTER TWO ...... 4 Gender Representation of Vice Chancellors and Principals of Universities ...... 40 HIGHER EDUCATION AND SOCIAL COHESION...... 4 Distribution of Chairs of Councils within the Universities and Colleges ...... 40 Distribution of Members of the Council in all Public Universities ...... 41 Introduction ...... 4 CHAPTER FIVE: REPRESENTATION IN INDIVIDUAL UNIVERSITIES ...... 42 National Cohesion and Integration ...... 4 Social Functions of Education ...... 5 INSTITUTIONS THAT COMPLY WITH THE NCI ACT, 2012 ...... 42 ...... 42 Higher Education and Social Cohesion ...... 6 Multimedia University of Kenya ...... 43 History of Universities in Kenya and their role in the Cohesion Project ...... 8 Technical University of Kenya (TUK) ...... 45 Legal Provisions for Representation of Diversity in Universities ...... 9 Egerton University CHAPTER THREE ...... 18 The University Of Nairobi ...... 47 RESEARCH DESIGN AND METHODOLOGY ...... 18 The Co-operative University College of Kenya ...... 49 Introduction ...... 18 PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT CONTRAVENE THE NCI ACT ...... 50 Research Design ...... 18 Kirinyaga University College ...... 50 Study Population ...... 18 Kibabii University ...... 51 Sampling and Sample Size ...... 18 Murang‘a University College ...... 53 Data Collection Instruments ...... 18 Jaramogi Oginga Odinga University of Science and Technology (JOOUST) ...... 54 Ethnic Diversity in Kenya ...... 19 Rongo University ...... 55 Quality Control ...... 21 Kisii University ...... 56 Data Analysis ...... 21 ...... 57 CHAPTER FOUR ...... 22 Meru University of Science and Technology ...... 58 FINDINGS ...... 22 Dedan Kimathi University of Technology (DKUT) ...... 60 Introduction ...... 22 Masinde Muliro University of Science and Technology (MMUST) ...... 61 Ethnic Representation in Public Institutions of Higher Learning in Kenya ...... 22 University of Kabianga Comparison of the Composition of Public Universities with the National Population Machakos University College...... 63 ...... 23 Maseno University ...... 64

ii Compliance with the NCI Act ...... 28 Comparison with Previous Status of Compliance ...... 29 Universities as Big Employers ...... 31 Estimates of Recurrent Expenditure 2016/17, Compliance and Size of Work Force 32 Relationships, Causes and Compliance with NCI Act ...... 34 The Relationship between the Ethnic Group of Majority of Employees in Public Universities and Dominant Community in the University Location ...... 37 Comparison of Ethnic affiliation of Vice Chancellors of Public Universities in the year 2012 and 2016 ...... 38 Gender Representation of Vice Chancellors and Principals of Universities ...... 40 Distribution of Chairs of Councils within the Universities and Colleges ...... 40 Distribution of Members of the Council in all Public Universities ...... 41 CHAPTER FIVE: REPRESENTATION IN INDIVIDUAL UNIVERSITIES ...... 42 INSTITUTIONS THAT COMPLY WITH THE NCI ACT, 2012 ...... 42 Multimedia University of Kenya ...... 42 Technical University of Kenya (TUK) ...... 43 Egerton University ...... 45 The University Of Nairobi ...... 47 The Co-operative University College of Kenya ...... 49 PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT CONTRAVENE THE NCI ACT ...... 50 Kirinyaga University College ...... 50 Kibabii University ...... 51 Murang‘a University College ...... 53 Jaramogi Oginga Odinga University of Science and Technology (JOOUST) ...... 54 Rongo University ...... 55 Kisii University ...... 56 Meru University of Science and Technology ...... 57 Dedan Kimathi University of Technology (DKUT) ...... 58 Masinde Muliro University of Science and Technology (MMUST) ...... 60 University of Kabianga ...... 61 Machakos University College...... 63 Maseno University ...... 64

iii Karatina University...... 65 List of Tables Table 1: Characteristics for Universities to Support Social Cohesion Number ...... 7 Moi University ...... 66 Table 2: Public Universities established in each County in Kenya ...... 15 South Eastern Kenya University ...... 68 Table 3: General Ethnic Composition of employees in Public Universities in Kenya ..... 22 Chuka University ...... 69 Table 4: Comparison of Percentages of Census Population and Employment in Public Universities in Kenya ...... 25 University of Eldoret ...... 70 Table 5: Public Institutions of Learning which Comply with the NCI Act ...... 28 Garissa University College ...... 72 Table 6: Public Institutions of Higher Learning that Contravene the NCI Act ...... 28 Jomo Kenyatta University ...... 72 Table 7: Comparison of the Status of Compliance in the Universities, 2012 versus 2016) ...... 30 Kenyatta University ...... 74 Table 8: The Size of Employment in Institutions of Higher Learning ...... 31 Maasai Mara University ...... 76 Table 9: Estimated Allocations to Public Universities and Constituent Colleges ...... 32 Taita Taveta University College ...... 77 Table 10: Relationships and compliance among public universities in Kenya ...... 35 Table 11: The relationship between the majority ethnic group and the dominant ethnic Laikipia University ...... 78 community in the location of the University ...... 37 Embu University College...... 80 Table 12: Ethnic Representation of Vice Chancellors and Principals of Public Pwani University ...... 81 Universities and Constituent Colleges ...... 38 Table 13: VC/Principals‘ ethnic groups (2012 vs 2016) ...... 39 Technical University of Mombasa ...... 82 Table 14: Gender Representation among Vice Chancellors and Principals ...... 40 CHAPTER SIX ...... 85 Table 15: Ethnic Diversity among Chairs of Councils ...... 40 CONCLUSIONS AND RECOMMENDATIONS ...... 85 Table 16: Ethnic Representation of Members of the Council ...... 41 Table 17: Ethnic Distribution of Multimedia University General Staff ...... 42 Emerging Issues ...... 85 Table 18: Ethnic Distribution of Multimedia Senior Staff ...... 43 Conclusions...... 85 Table 19: Ethnic distribution of TUK General Staff ...... 44 Recommendations ...... 85 Table 20: Ethnic Audit of TUK Senior Staff ...... 45 Table 21: Ethnic distribution of Egerton university general staff ...... 46 References ...... 87 Table 22: Ethnic Distribution of Egerton University Senior Staff ...... 46

Table 23: Ethnic distribution of the University of Nairobi general staff ...... 47

Table 24: UoN Senior staff distribution by Ethnic Representation ...... 48 Table 25: Ethnic Distribution of Cooperative University College General Staff ...... 49 Table 26: Cooperative University College Ethnic Representation of Senior Staff ...... 50 Table 27: Kirinyaga University College general staff ethnic distribution ...... 51 Table 28: Kirinyaga University College senior staff ethnic distribution ...... 51 Table 29: Kibabii University general staff ethnic distribution ...... 52 Table 30: Ethnic distribution of Kibabii University Senior staff ...... 52 Table 31: Ethnic distribution of MRUC General Staff ...... 53 Table 32: Ethnic Composition of MRUC Senior Staff ...... 53 Table 33: JOOUST general staff ethnic distribution ...... 54 Table 34: Ethnic distribution of JOOUST senior staff ...... 54 Table 35: Ethnic distribution Rongo University College general staff ...... 55 Table 36: Ethnic distribution of senior staff at Rongo University College ...... 55 Table 37: Ethnic distribution of Kisii University general staff ...... 56

iv List of Tables Table 1: Characteristics for Universities to Support Social Cohesion Number ...... 7 Table 2: Public Universities established in each County in Kenya ...... 15 Table 3: General Ethnic Composition of employees in Public Universities in Kenya ..... 22 Table 4: Comparison of Percentages of Census Population and Employment in Public Universities in Kenya ...... 25 Table 5: Public Institutions of Learning which Comply with the NCI Act ...... 28 Table 6: Public Institutions of Higher Learning that Contravene the NCI Act ...... 28 Table 7: Comparison of the Status of Compliance in the Universities, 2012 versus 2016) ...... 30 Table 8: The Size of Employment in Institutions of Higher Learning ...... 31 Table 9: Estimated Allocations to Public Universities and Constituent Colleges ...... 32 Table 10: Relationships and compliance among public universities in Kenya ...... 35 Table 11: The relationship between the majority ethnic group and the dominant ethnic community in the location of the University ...... 37 Table 12: Ethnic Representation of Vice Chancellors and Principals of Public Universities and Constituent Colleges ...... 38 Table 13: VC/Principals‘ ethnic groups (2012 vs 2016) ...... 39 Table 14: Gender Representation among Vice Chancellors and Principals ...... 40 Table 15: Ethnic Diversity among Chairs of Councils ...... 40 Table 16: Ethnic Representation of Members of the Council ...... 41 Table 17: Ethnic Distribution of Multimedia University General Staff ...... 42 Table 18: Ethnic Distribution of Multimedia Senior Staff ...... 43 Table 19: Ethnic distribution of TUK General Staff ...... 44 Table 20: Ethnic Audit of TUK Senior Staff ...... 45 Table 21: Ethnic distribution of Egerton university general staff ...... 46 Table 22: Ethnic Distribution of Egerton University Senior Staff ...... 46 Table 23: Ethnic distribution of the University of Nairobi general staff ...... 47 Table 24: UoN Senior staff distribution by Ethnic Representation ...... 48 Table 25: Ethnic Distribution of Cooperative University College General Staff ...... 49 Table 26: Cooperative University College Ethnic Representation of Senior Staff ...... 50 Table 27: Kirinyaga University College general staff ethnic distribution ...... 51 Table 28: Kirinyaga University College senior staff ethnic distribution ...... 51 Table 29: Kibabii University general staff ethnic distribution ...... 52 Table 30: Ethnic distribution of Kibabii University Senior staff ...... 52 Table 31: Ethnic distribution of MRUC General Staff ...... 53 Table 32: Ethnic Composition of MRUC Senior Staff ...... 53 Table 33: JOOUST general staff ethnic distribution ...... 54 Table 34: Ethnic distribution of JOOUST senior staff ...... 54 Table 35: Ethnic distribution Rongo University College general staff ...... 55 Table 36: Ethnic distribution of senior staff at Rongo University College ...... 55 Table 37: Ethnic distribution of Kisii University general staff ...... 56

v Table 38: Ethnic distribution of Kisii university teaching staff ...... 56 Table 39: Meru University general staff general distribution ...... 57

...... 58 Table 40: Ethnic distribution of senior staff at Meru University CEDAW Convention on the Elimination of All forms of Discrimination against ...... 59 Table 41: Ethnic distribution of DKUT general staff Women Table 42: Ethnic distribution of senior staff at of DKUT ...... 59 CRC Convention on the Rights of the Child Table 43: Ethnic distribution of general staff at MMUST ...... 60 CUCK Co-operative University College of Kenya Table 44: Ethnic distribution of senior staff at MMUST ...... 61 CUE Commission for University Education Table 45: Ethnic Composition of general staff at the University of Kabianga ...... 62 DKUT Dedan Kimathi University of Technology Table 46: Ethnic Distribution of senior staff at the University of Kabianga ...... 62 ICT Information and Communication Technology Table 47: Ethnic Composition among General Staff at Machakos University College ... 63 JKUAT Jomo Kenyatta University of Agriculture and Technology Table 48: Staff Composition among Senior Staff at Machakos University College by JOOUST Jaramogi Oginga Odinga University of Science and Technology Ethnicity ...... 63 KIT Kimathi Institute of Technology Table 49: Ethnic Distribution of Maseno University General Staff ...... 64 KU Kenyatta University Table 50: Ethnic Profiling of Maseno University Senior Staff ...... 65 KUCT Kimathi University College of Technology Table 51: Karatina University General Staff Ethnic Distribution ...... 65 MDGs Millennium Development Goals Table 52: Ethnic Balancing among Karatina University Senior Staff ...... 66 MMU Multimedia University Table 53: Ethnic distribution of Moi University General Staff ...... 67 MMUST Masinde Muliro University of Science and Technology Table 54: Ethnic distribution of Moi university Senior staff ...... 67 MPUC Mombasa Polytechnic University College Table 55: Ethnic profiling of Staff at SEKU ...... 68 MRUC Murang‘a University College Table 56: Ethnic Composition of senor staff at SEKU ...... 69 MUCST Meru University College of Science and Technology Table 57: Ethnic composition of general staff at Chuka University ...... 69 NCI Act National Cohesion and Integration Act NCIC National Cohesion and Integration Commission Table 58: Ethnic Profiling of Chuka University‘s Senior Staff ...... 70 SEKU South Eastern Kenya University Table 59: Analysis of Ethnic Composition of Staff at the University of Eldoret ...... 70 SPSS Statistical Package for Social Sciences Table 60: Ethnic composition among senior staff at the University of Eldoret ...... 71 TTUC Taita Taveta University College Table 61: Ethnic distribution of Garissa university college general staff ...... 72 TUK Technical University of Kenya Table 62: Ethnic distribution of Garissa university college senior staff ...... 72 UN United Nations Table 63: Ethnic Distribution of JKUAT General Staff ...... 73 UNDP United Nations Development Programme Table 64: JKUAT Senior Staff Representation by Ethnic Group ...... 74 UNESCO United Nations Educational, Scientific and Cultural Organization ...... 75 Table 65: Ethnic distribution of KU general staff UoN University of Nairobi ...... 75 Table 66: Ethnic distribution of KU senior staff USAID United States Agency for International Development Table 67: Ethnic distribution of Maasai Mara University general staff ...... 76 VC Vice Chancellor Table 68: Ethnic distribution of Maasai Mara University senior staff ...... 77 Table 69: Ethnic Composition of TTUC General Staff ...... 77 Table 70: Ethnic composition of TTUC Senior Staff ...... 78 Table 71: Ethnic Distribution of General Staff of Laikipia University College ...... 79 Table 72: Ethnic Distribution of Teaching staff of Laikipia University College ...... 79 Table 73: Ethnic Representation of Embu University College General Staff ...... 80 Table 74: Ethnic Composition of Embu University senior Staff ...... 80 Table 75: Ethnic Composition of Pwani University General Staff ...... 81 Table 76: Ethnic Distribution of Pwani University Senior Staff ...... 82 Table 77: Ethnic distribution of Technical university of Mombasa general staff ...... 83 Table 78: Ethnic distribution of Technical university of Mombasa Senior staff ...... 83

CEDAW Convention on the Elimination of All forms of Discrimination against Women CRC Convention on the Rights of the Child CUCK Co-operative University College of Kenya CUE Commission for University Education DKUT Dedan Kimathi University of Technology ICT Information and Communication Technology JKUAT Jomo Kenyatta University of Agriculture and Technology JOOUST Jaramogi Oginga Odinga University of Science and Technology KIT Kimathi Institute of Technology KU Kenyatta University KUCT Kimathi University College of Technology MDGs Millennium Development Goals MMU Multimedia University MMUST Masinde Muliro University of Science and Technology MPUC Mombasa Polytechnic University College MRUC Murang‘a University College MUCST Meru University College of Science and Technology NCI Act National Cohesion and Integration Act NCIC National Cohesion and Integration Commission SEKU South Eastern Kenya University SPSS Statistical Package for Social Sciences TTUC Taita Taveta University College TUK Technical University of Kenya UN United Nations UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UoN University of Nairobi USAID United States Agency for International Development VC Vice Chancellor

vii

With a broad mandate of promoting equality of opportunity in the public sphere in matters ethnic relations, the National Cohesion and Integration Commission (NCIC) considers Universities key establishments for the achievement of social cohesion in Kenya.

Over the last four years, the Commission has witnessed a significant improvement in compliance levels of institutions of higher learning. Having conducted a baseline survey in 2012 that revealed a skewed representation towards the ‗big five‘ communities in Kenya, the NCIC undertook another audit to check the status of compliance in the said institutions is improving. The findings of this study demonstrate great efforts by Universities towards compliance with the legal obligations, particularly those relating to the NCI Act Section 7(2).

However, while expectations seem to be forming that public Universities could be moving towards compliance in the years to come, there remains a risk of instilling negative ethnicity in institutions that are otherwise supposed to impart values and integrate people into the broader society, for Universities not only contribute to the development of scholarship, but also to the betterment of society. The study reports that out of 31 public universities and constituent colleges, only five have complied with the provisions of the law.

With the upsurge in the crisis facing Kenya‘s coexistence as a nation, we call upon institutions of higher learning to play a firmer and greater role in moving the country towards national cohesion. Universities have a platform with diverse membership that provides a rich environment to explore social change. It is the conviction of the Commission that this change should be contextualized in the sense of adding value to social cohesion through representation of Kenya‘s diverse communities in employment of staff. There is need to develop deliberate, proactive, and practical policies to transform ethnic diversity into a positive force for inclusive employment in Universities.

NCIC believes that this study demonstrates the potential that institutions of higher learning can make the ‗tribe‘ irrelevant in the allocation of employment opportunities as a scarce, yet important resource in Kenya. Despite the Universities‘ best and honest efforts, there is need to spend valuable energy to craft more practical and sophisticated ways for inclusion of both minority and marginalized communities in employment. For this reason, the Commission calls upon relevant stakeholders to develop strategies that Universities can adopt to realize inclusivity and diversity in their spaces.

Hon. Francis Ole Kaparo, EGH, SS COMMISSION CHAIRMAN

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This report, the ‗Ethnic and Diversity Audit of Public Universities and Constituent The National Cohesion and Integration Commission (NCIC) greatly acknowledges and Colleges‘, is the second Audit undertaken in public universities and constituent appreciates the efforts of all individuals, groups, and institutions that in one way or colleges after the first which was carried out in 2012. The present Report is based on another, participated in the preparation and compilation of this report. an analysis of the data that was submitted to NCIC by 22 universities and nine constituent university colleges on their employees and the ethnic affiliation of the First, the Commission recognizes all Vice Chancellors, Principals, and the university employees as at May 2016. The employees through the universities and constituent leadership at large, for facilitating the process of gathering data in a timely manner. colleges had been provided with forms to fill for self-identification and ethnic affiliation as required by the law. The Commission would like to acknowledge with gratitude the support of its Commissioners for offering clear policy guidance and safeguarding quality in the The study revealed the most compliant universities including Multi Media University, course of the development of this Report. Similarly, appreciation is due to the Technical University of Kenya, Egerton University, University of Nairobi and Co- Research, Policy and Planning Committee members, Comm. Linda Ochiel, Comm. Dr. operative University College which hired less than 33.3% of their employees from one Nasongo Wamocha and Comm. Prof. Naituli Gitile, without whose constructive ethnic group. Another important finding was that the worst contravening universities criticism and progressive guidance, the Report would not have seen the light day. included Kirinyaga University College, Kibabii University, Murang‘a University College, Jaramogi Oginga Odinga University and Rongo University College had recruited more Last but not least, the Commission takes cognizance of the contributions of its staff, than 70% of their employees from one ethnic group. Dr. Sellah King‘oro, Naomi Gichuru and Jescah Otieno, in ensuring that this Report becomes a reality particularly by conceptualizing, analyzing and compiling it. Special This study also noted a general improvement in representation of diversity within thanks also go to the interns in the Research Department within this period. This public universities and constituent colleges from the status as recorded in 2012. endeavor would not have been possible without the support of Dr. Benjamin Kituku, Additionally, the study revealed that the largest ethnic group recruited as employees Millicent Okatch, Liban Guyo, Kilian Nyambu and Kyalo Mwengi who granted in these institutions of higher learning is the Kikuyu which forms 23.6%. This is invaluable assistance in the research process. within the limits of the threshold set up by the law.

Finally, the Commission also wishes to express its gratitude to the Ministry of It is noted that some communities have a higher proportion within university Education, and all other stakeholders for co-operation at all stages of the report employment when the proportion of ethnic communities in employment is compared including consultation sessions for the study. with their proportion in national population. These communities include the Kikuyu, There are many other people who supported this study in one way or another. While it Luhya, Kalenjin, Kisii and Luo communities. The study also revealed that some is impossible to mention all of you, we greatly appreciate you. communities were under-represented in university employment. These include Turkana, Maasai, Kenyan Somali, Kamba and Mijikenda among others. It was also evident that certain communities such as the Dasenach and the Gosha were Hassan S. Mohamed, OGW completely excluded from university employment. COMMISSION SECRETARY Nevertheless, the general trend showed that representation of diversity in universities has improved with the inclusion of certain communities that were totally excluded in

2012 such as the Orma. Additionally, minority communities such as the Ilchamus have increased their numbers in employment in institutions of higher learning.

Based on the analysis of the 22 public universities and nine constituent colleges, the findings indicated an increase from three to five in the number of institutions that complied with section 7(2) of the NCI Act .26 institutions contravened the provisions of the Act. Ethnic distribution in employment in these institutions is skewed as they drew more than 33.3% of their employees from one ethnic group. The status of compliance in specific universities is as shown in the tables given in the Report.

viii This report, the ‗Ethnic and Diversity Audit of Public Universities and Constituent Colleges‘, is the second Audit undertaken in public universities and constituent colleges after the first which was carried out in 2012. The present Report is based on an analysis of the data that was submitted to NCIC by 22 universities and nine constituent university colleges on their employees and the ethnic affiliation of the employees as at May 2016. The employees through the universities and constituent colleges had been provided with forms to fill for self-identification and ethnic affiliation as required by the law.

The study revealed the most compliant universities including Multi Media University, Technical University of Kenya, Egerton University, University of Nairobi and Co- operative University College which hired less than 33.3% of their employees from one ethnic group. Another important finding was that the worst contravening universities included Kirinyaga University College, Kibabii University, Murang‘a University College, Jaramogi Oginga Odinga University and Rongo University College had recruited more than 70% of their employees from one ethnic group.

This study also noted a general improvement in representation of diversity within public universities and constituent colleges from the status as recorded in 2012. Additionally, the study revealed that the largest ethnic group recruited as employees in these institutions of higher learning is the Kikuyu which forms 23.6%. This is within the limits of the threshold set up by the law.

It is noted that some communities have a higher proportion within university employment when the proportion of ethnic communities in employment is compared with their proportion in national population. These communities include the Kikuyu, Luhya, Kalenjin, Kisii and Luo communities. The study also revealed that some communities were under-represented in university employment. These include Turkana, Maasai, Kenyan Somali, Kamba and Mijikenda among others. It was also evident that certain communities such as the Dasenach and the Gosha were completely excluded from university employment.

Nevertheless, the general trend showed that representation of diversity in universities has improved with the inclusion of certain communities that were totally excluded in 2012 such as the Orma. Additionally, minority communities such as the Ilchamus have increased their numbers in employment in institutions of higher learning.

ix The findings highlighted the fact that an institution can improve if it develops and The relationship between the majority of employees in public institutions and the implements strategies to ensure diversity. For instance, the University of Nairobi dominant ethnic group in the location of the university remains homogenous. This is marked a great improvement from 34% in 2012 to the current 30.1%. similar to the findings of the Ethnic and Diversity Audit of public universities as

revealed in 2012. On the other hand, a University can deteriorate in terms of diversity in its employment if it does not observe its recruitment trends continuously to ensure inclusivity. A case While most vice chancellors and principals were from the dominant ethnic group in point was the Technical university of Mombasa which complied in 2012 as its within the location of the university/ college in 2012, the trend analyzed in the highest ethnic group (Mijikenda) was 28.2%, but contravened the Act in 2016, research indicated that six (6) of the institutions changed the ethnic group of their vice following an increase of the said ethnic community to 34.5%. chancellor/ principal. These institutions are Multi Media University, Egerton

University, University of Nairobi, Maasai Mara University, Masinde Muliro University A comparison of the compliance levels of institutions of higher learning between the and the University of Eldoret. status in 2016 and that in 2012 revealed that thirteen (13) institutions improved in diversity compliance by reducing the proportion of the majority ethnic community in After demonstrating how tribalism is a challenge not just affecting politics but also the their employment. Along these lines, the institution that improved most is Meru learning institutions, the study proffers several recommendations to various actors. University which reduced the proportion of the dominant Meru community from 83% NCIC encourages Universities to embrace fair employment and affirmative action in 2012 to 70.9% in 2016, even though it is still not compliant with the NCI Act. strategies, represent ethnic inclusion principles in teaching, research, and program administration, ban tribal groups and associations among students, and teach value The study also found out that nine institutions deteriorated further since they education geared to entrenching value systems. continued employing members of staff from the ethnic group already forming the majority of their staff. The worst performing institution in this regard is University of The Commission also recommends that the Ministry of Education ought to draw the Kabianga which added 10.7% in 2016 to the already existing 58.1% in 2012, of leadership of Universities from anywhere within the country as long as the candidate majority staff drawn from the Kalenjin community. has qualified.

The National Gender and Equality Commission should work with the Ministry of The study found out that the total size of employment in public universities and Education to ensure observance of the constitutional threshold on gender inclusion in constituent colleges was 29,835 staff members. Following the NCIC study in 2011 on university appointments. Diversity in the Civil Service, it is worth noting that university employment is about a quarter of the size of employment in mainstream government employment. NCIC should also enhance the capacity of recruiting agents for universities, lobby for strict punitive measures to be put in place to ensure compliance, and should work The research established a strong correlation between the ethnic group of the Vice closely with the national cohesion and integration committees set up by public Chancellor/ Principal of institutions of higher learning and the majority ethnic group universities. among senior staff. This was evidenced by the finding that in 15 of the 31 surveyed institutions, the VC/Principal and the highest group among senior staff share a similar ethnic group. Similarly, a relationship was noted between the ethnic group of the VC/Principal and the ethnicity of the majority of members of staff. 50% of the institutions of higher learning recorded a similar ethnic group for both their VC/Principal and the dominant ethnic group in their staffing.

The study noted a negligible statistical difference between the ethnic representation in general university staffing and ethnic diversity among the senior staff of these institutions. In fact, only four (4) out of 31 institutions record a difference in this regard. These include Garissa University, Maasai Mara University, Taita Taveta University and Embu University who have the majority among general staff from one ethnic group while the majority of the senior staff are drawn from other ethnic groups.

x The relationship between the majority of employees in public institutions and the dominant ethnic group in the location of the university remains homogenous. This is similar to the findings of the Ethnic and Diversity Audit of public universities as revealed in 2012.

While most vice chancellors and principals were from the dominant ethnic group within the location of the university/ college in 2012, the trend analyzed in the research indicated that six (6) of the institutions changed the ethnic group of their vice chancellor/ principal. These institutions are Multi Media University, Egerton University, University of Nairobi, Maasai Mara University, Masinde Muliro University and the University of Eldoret.

After demonstrating how tribalism is a challenge not just affecting politics but also the learning institutions, the study proffers several recommendations to various actors. NCIC encourages Universities to embrace fair employment and affirmative action strategies, represent ethnic inclusion principles in teaching, research, and program administration, ban tribal groups and associations among students, and teach value education geared to entrenching value systems.

The Commission also recommends that the Ministry of Education ought to draw the leadership of Universities from anywhere within the country as long as the candidate has qualified.

The National Gender and Equality Commission should work with the Ministry of Education to ensure observance of the constitutional threshold on gender inclusion in university appointments.

NCIC should also enhance the capacity of recruiting agents for universities, lobby for strict punitive measures to be put in place to ensure compliance, and should work closely with the national cohesion and integration committees set up by public universities.

Introduction

The National Cohesion and Integration Commission (NCIC) was established under the National Cohesion and Integration Act No. 12 of 2008 which was enacted after the 2007 post-election crisis and subsequent political negotiations. The Commission‘s object and purpose, as provided in Section 25 of the Act, is to facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence among persons of the different ethnic communities of Kenya and advise the Government on all aspects thereof.

One key mandate of the Commission is to ensure that there is ethnic diversity in public employment. Thus, the NCI Act provides that; ―All public establishments shall seek to represent the diversity of the people of Kenya in the employment of staff. No public establishment shall have more than one third of its staff from the same ethnic community.‖

Similarly, the Constitution of Kenya, 2010 outlaws any discrimination on the basis of differences such as ethnicity, race, age, disability and gender. It extols the virtues of diversity and places emphasis on the need to live in peace and unity as one indivisible sovereign nation. The Constitution also calls for ethnic diversity in the public service. In Article 232 (1) (h), ―…representation of Kenya‘s diverse communities‖ is identified as one of the values and principles of the public service. In Article 232 (1) (i) & (ii), ‗affording adequate and equal opportunities for appointment, training, advancement, at all levels of the public service of … the members of all ethnic groups‖ is provided for. Significantly, this representation is required above merit and fair competition in paragraph (g) of the same Article.

The Constitution has therefore noted the fact that there are regions that have been disadvantaged in the past and that a recruitment policy based purely on merit or competition may not give Kenyans a public service that represents the face of the country.

Inclusiveness, equality and protection of marginalized groups are also underlined as part of Kenya‘s national values and principles of governance in Article 10, thus binding all state and public officers when interpreting and applying the law as well as when making public policies.

Based on its mandate and backed by this broad legal framework to enhance appreciation of ethnic diversity and national unity, NCIC has conducted the ethnic audit of Public Universities and Constituent Colleges to establish the ethnic diversity in these institutions.

1 Problem Statement foregrounds the need for inclusive employment as a way of promoting unity in diversity University education is a critical pillar of human development world over. Besides, it is 4. A UNESCO task force on higher education in developing countries (UNESCO, 2000) perceived as a process by which individuals are prepared to assume their respective argues that higher education is essential to developing countries, if they are to responsibilities within a social setting and is a powerful tool for achieving social prosper in a world economy where knowledge has become a vital area of mobility (Otunga, 1998). advantage. This implies that different groups within a society such as ethnic communities could use knowledge to narrow their income gap between them. 5. This is the second ethnic and diversity audit of public universities and constituent Universities in Kenya ought to serve the diverse array of ethnic groups who according colleges. It helps understand the progress made by these institutions within the to Osore (2008), compete for national resources such as land, political power, natural period since the last audit was undertaken in 2012. As a result, institutions of resources, social and economic power. Chacha (2002) contends that within this higher learning can also understand the effectiveness of some of the strategies competition, universities world over should be characterized by quality and excellence, they have adopted over the three year period and they can learn from the best equity, responsiveness, effective and efficient provision of services, good governance practices of others. and excellent management of resources.

Summary of the Report Consequently, good governance requires that these institutions of higher learning embrace equality in sharing opportunities, non-discrimination and inclusivity as This study has six chapters. Chapter one which forms the background of the study espoused in Article 10 of the Constitution of Kenya. Additionally, section 3(1k) of the looks into the problem statement, objectives and rationale of the ethnic audit of University Education Act, 2012 holds that university education should promote universities and lays out the organization of chapters. equalization for persons with disabilities, minorities and marginalized groups.As a matter of fact, the challenges tearing Kenya apart are pivoted on the tendency of manipulating ethnic identities for private interest and/or gain. Chapter two is the literature review which evaluates the social functions of education, higher education links with social cohesion, the history of universities in Kenya and It is on this background that the NCIC sought to perform an ethnic and diversity audit their role in enhancing national cohesion and the legal provisions for representation of of all public universities and their constituent colleges. This exercise is important in diversity in Kenyan Universities. addressing the perception by the Kenyan citizenry that some ethnic groups have been favoured by the political elite in public appointments – as stated in the ‗Report of the Chapter three lays down the research methodology used to undertake this study. It Independent Review Commission on the General Elections held in Kenya on 27th Dec, 2007‘, famously referred to as ―The Kriegler Report, 2008‖. highlights the research design, sampling procedure, data collection, analysis & presentation and the ethical considerations which NCIC paid attention to in the course Objectives of the study. This project seeks to: 1. Examine the ethnic diversity of employees in public universities and constituent Chapter four presents the findings of the study by illuminating the general colleges. representation of ethnic groups in university employment and other findings arrived at 2. Assess the compliance of public universities and their constituent colleges with the from the data submitted by public universities. National Cohesion and Integration Act, 2008 3. Provide information that would be used to develop inclusive employment policy in public institutions in Kenya. Chapter five looks into the status of each public University or constituent college, mentioning whether it has contravened or complied with section 7(2) of the NCI Act. Rationale 1. Freedom from discrimination is a fundamental right espoused in the NCI Act, 2008; Finally, chapter six gives a summary of the study, presents the conclusion and the Kenyan Constitution, 2010 and other international legislations such as the UN suggests strategies of improving the representation of diversity within Universities. Declaration on the elimination of all forms of discrimination. 2. Bringing equality and equity to the workplace has significant economic benefits. Employers who practice equality and equity have access to a larger and more diverse workforce. 3. Diversity in the workplace promotes understanding and appreciation of the social- cultural differences resulting in enhanced unity. Such a project therefore,

2 foregrounds the need for inclusive employment as a way of promoting unity in diversity 4. A UNESCO task force on higher education in developing countries (UNESCO, 2000) argues that higher education is essential to developing countries, if they are to prosper in a world economy where knowledge has become a vital area of advantage. This implies that different groups within a society such as ethnic communities could use knowledge to narrow their income gap between them. 5. This is the second ethnic and diversity audit of public universities and constituent colleges. It helps understand the progress made by these institutions within the period since the last audit was undertaken in 2012. As a result, institutions of higher learning can also understand the effectiveness of some of the strategies they have adopted over the three year period and they can learn from the best practices of others.

Summary of the Report

This study has six chapters. Chapter one which forms the background of the study looks into the problem statement, objectives and rationale of the ethnic audit of universities and lays out the organization of chapters.

Chapter two is the literature review which evaluates the social functions of education, higher education links with social cohesion, the history of universities in Kenya and their role in enhancing national cohesion and the legal provisions for representation of diversity in Kenyan Universities.

Chapter three lays down the research methodology used to undertake this study. It highlights the research design, sampling procedure, data collection, analysis & presentation and the ethical considerations which NCIC paid attention to in the course of the study.

Chapter four presents the findings of the study by illuminating the general representation of ethnic groups in university employment and other findings arrived at from the data submitted by public universities.

Chapter five looks into the status of each public University or constituent college, mentioning whether it has contravened or complied with section 7(2) of the NCI Act.

Finally, chapter six gives a summary of the study, presents the conclusion and suggests strategies of improving the representation of diversity within Universities.

3 (1858-1917). No wonder, For modern (or post-modern) societies, the most important aspect is not that citizens believe they share the same religion, family values, attitude towards homosexuality or other ideals; for the everyday operation of highly differentiated societies, the most important aspect of social cohesion is that citizens believe they share the norm of not cheating each other.

The European Committee for Social Cohesion (2004) crowns this argument by observing that social cohesion is the capacity of a society to ensure the welfare of all its members, minimizing disparities and avoiding polarization. Introduction As a result, national cohesion is seen as oneness, harmony and integrity of a people

with a sense of belonging and direction to achieve certain common goals, aims, This chapter lays out the literature review along several themes: objectives, and values. a) Defines of national cohesion and integration b) Demystifies the social value of education c) Positions the role of higher education in building cohesive societies Social Functions of Education d) Delineates the history of university development in Kenya with a specific focus on how they have contributed towards cohesion building or rendered the society Education is realized under different systems and implementations all over the world, redundant but even so it is an important activity affecting all humanity on account of its results, e) Interrogates the general aims of university education in Kenya (Halis, 2015). Education has gained more importance in these times when humanity focuses on economic facts as the sole basis for determining how they engage and rationalize daily life as it forms the basis of perception about what being human and National Cohesion and Integration society mean. Taneja (2008) argues that it is beyond doubt that this situation corrupts the moral One hundred and eighteen countries at the World summit for social development in values which affect the way of thinking and feeling and also disrupts most values Copenhagen in 1995 not only agreed in Commitment to ―…create an economic, which shape human life and relationships such as justice, equality, love, respect, political, social, cultural and legal environment that will enable people to achieve tolerance, cooperation and trust. social development‖ but to also facilitate social integration in doing so (Commitment 4). One of the social functions of education is to impart values and integrate people into the broader society. Values may be imparted by being incorporated in the substantive In the two decades after 1995, the world indeed experienced rapid economic growth in curriculum (Chandra, 2004). Indeed, the most influential and sole means which China, India, Indonesia and other emerging countries (UNDP, 2014). Nevertheless, the inverts, stops and slows down the risks which threaten both the subjective existence growth in these countries has brought to the fore issues of social integration, inclusive of human and the social existence is education. economic growth and social inclusion. In China for instance, the Prime Minister Hu Jintao in 2004 launched the concept of a ―harmonious society‖ with the aim of However, many times the common edict ‗we learn by emulation‘ does apply. Kempner creating a better balance than had been the case in the social development that China et al. (1996) posit that the development within the young of the attitudes and had experienced so far. dispositions necessary to the continuous and progressive life of a society cannot take The world embraced the concept of social cohesion which in the proposition by Larsen place by direct conveyance of beliefs, emotions, and knowledge. It takes place through (2013) is the belief held by citizens of a given nation-state that they share a moral the intermediary of the environment. The environment consists of the sum total of community, which enables them to trust each other. Such oneness is encapsulated in conditions which are concerned in the execution of the activity characteristic of a Durkheim‘s (1858-1917) categorization of the solidarity found in pre-modern societies living being. The social environment consists of all the activities of fellow beings that that is established among people who are similar. These similarities are material are bound up in the carrying on of the activities of any one of its members. solidarity i.e. similar work, housing and food; and non-material solidarity encompassing similar beliefs, morality and feelings. The non-material also known as As a result, education institutions should also practice values to be infused in society the conscience collective is the academic origin of the term ―social cohesion‖. as a sure way of imparting these values to future generations. This study focuses on how institutions of higher learning have been practicing the value of sharing resources NCIC (2014) has defined social cohesion by use of six components namely: trust, equitably among different parts of the population. peace, prosperity, identity, equity and diversity. This definition incarnates the shift between pre-modern to modern societies which expands the definition of social One of the values relating to skewed employment may be traced back to the nature of cohesion beyond similar beliefs, morality and feelings as espoused by Durkheim society, the predominance of elaborate extended families and the belief that family

4 (1858-1917). No wonder, For modern (or post-modern) societies, the most important aspect is not that citizens believe they share the same religion, family values, attitude towards homosexuality or other ideals; for the everyday operation of highly differentiated societies, the most important aspect of social cohesion is that citizens believe they share the norm of not cheating each other.

As a result, national cohesion is seen as oneness, harmony and integrity of a people with a sense of belonging and direction to achieve certain common goals, aims, objectives, and values.

Social Functions of Education

Education is realized under different systems and implementations all over the world, but even so it is an important activity affecting all humanity on account of its results, (Halis, 2015). Education has gained more importance in these times when humanity focuses on economic facts as the sole basis for determining how they engage and rationalize daily life as it forms the basis of perception about what being human and society mean. Taneja (2008) argues that it is beyond doubt that this situation corrupts the moral values which affect the way of thinking and feeling and also disrupts most values which shape human life and relationships such as justice, equality, love, respect, tolerance, cooperation and trust.

One of the social functions of education is to impart values and integrate people into the broader society. Values may be imparted by being incorporated in the substantive curriculum (Chandra, 2004). Indeed, the most influential and sole means which inverts, stops and slows down the risks which threaten both the subjective existence of human and the social existence is education.

However, many times the common edict ‗we learn by emulation‘ does apply. Kempner et al. (1996) posit that the development within the young of the attitudes and dispositions necessary to the continuous and progressive life of a society cannot take place by direct conveyance of beliefs, emotions, and knowledge. It takes place through the intermediary of the environment. The environment consists of the sum total of conditions which are concerned in the execution of the activity characteristic of a living being. The social environment consists of all the activities of fellow beings that are bound up in the carrying on of the activities of any one of its members.

As a result, education institutions should also practice values to be infused in society as a sure way of imparting these values to future generations. This study focuses on how institutions of higher learning have been practicing the value of sharing resources equitably among different parts of the population.

One of the values relating to skewed employment may be traced back to the nature of society, the predominance of elaborate extended families and the belief that family

5 comes first. Consequently, it can be that jobs, contracts or general preference are extended to family first before considering one‘s competence making blood ties to be the basis of opportunity.

Nevertheless, contemporary arguments such as Obama‘s (2006) go against this propagation holding that such nepotism stifles innovation and fractures the fabric of the society. Instead of opening businesses and engaging in commerce, people rely on patronage and payback as a means of advancing themselves. However, when people are judged by merit not connections, and the best and brightest leading with everybody working hard, entire economy grows. As a result, everyone benefits and more resources are available for all, not just select groups.

Higher Education and Social Cohesion

With the increase in the crisis facing Kenya‘s coexistence as a nation, institutions of higher learning are called upon to play a firmer and greater role in moving the country towards national cohesion. The main question being addressed in this section is whether higher educational institutions have any role to play in the cohesion project within a country. There is a general belief in the notion that a university must not only contribute to the development of scholarship but also to the betterment of society.

Most scholars such as Altbach argue that the traditions of empirical analysis, independent reasoning, and informed debate that are emblematic of the University are increasingly understood as integral to the development of a rational and self-critical society in which a shared sense of citizenship can bridge divisions based upon race, ethnicity, religion and other factors. In the Kenyan context one starts on the question whether the aforementioned emblems of higher education exist in our universities ever at all. Stories of the banning of books during the Mwakenya era, banning of philosophy as a study area, introduction of intelligence gathering within the classroom, minimal research by professors in exchange for making money through parallel programmes and ethnicization of academic discourse among other factors seem to have deprived the Kenyan University these hallmark pillars.

Nevertheless, the Institute of Higher Education Policy (1998) established a strong correlation between higher education and social connectedness, appreciation of diversity, civic participation and trust in social institutions. The University can also enhance cohesion by giving an objective critique of public policy and administration and refocusing attention to the core areas of concern.

Another implication of higher education as espoused by Chandra (2004) relates to the formation and socialization of shared values among higher education‘s various constituent groups. Universities have a platform with diverse membership that provides a rich environment to explore social change. However, social change has to be contextualized in the sense of adding value to social cohesion. For example, in support ofthis, Jobbins (2012) has argued for universities‘ participation in demolishing apartheid in South Africa.

Universities also promote debate on the various social concerns facing the country. Besides, proffering solutions for existing problems, such interactive debate promotes independence of thought, encourages dissenting points of view and creates a tradition

6 that allows those views to be voiced. In a sense, this openness of debate should inculcate a culture of political tolerance which seems to be on the downward trend in Kenya. However, universities have become the personification of political intolerance as student elections are accompanied by destruction of property and violent acts amongst the students. .

In a UNESCO Symposium of Higher Education (Fulbright New Century Scholars, 2006), social cohesion was recognized as a reasonable goal for universities and eleven characteristics necessary for cohesion to occur were identified. Table 1 below outlines the eleven characteristics.

Table 1: Characteristics for Universities to Support Social Cohesion Number Serial Characteristics 1 Publicly available standards of student and faculty conduct 2 A transparent process of adjudication for misconduct 3 Students & faculty broadly representative of wider population 4 A curriculum which reflects social problems 5 Empirical research particularly on social issues 6 Commitment to forging linkages with the wider community 7 Multiple sources of finance aside from government 8 Proactive leadership that defends the role the university 9 Public debate over sensitive issues 10 Academic freedom for open debate 11 Institutional autonomy so that it takes responsibility for its own policies

This study focuses on characteristic number three which highlights the fact that students and faculty must be broadly representative of the wider population. While discussing the cases of South Africa and the US, Heyneman notes that when minority access is prioritized both among students and faculty, social cohesion can be significantly improved. Diversifying university students and faculty determines what issues will be discussed and researched. This is not to say that having inclusive student and faculty access policies if challenge free. For instance, bringing speakers of minority languages to universities may heighten debates on the language of instruction and mixing people of different backgrounds may exacerbate patterns of intolerance. Nevertheless, it is without doubt that excluding minorities and ignoring inequalities within students and faculty presents a greater danger to social cohesion. Chacha (2002) argues that universities all over the world are supposed to be characterized by quality and excellence, equity, responsiveness and effective and efficient provision of services, good governance and excellent management of resources. The subject of this study focuses on two of these criteria namely, one, equity and good governance in terms of recruitment and two, equality of sharing employment among institutions of higher learning. From the afore-analyzed readings, there seems to be a general consensus that universities ought to improve the life situation of the community at large and not just of its recipients.

7 In spite of the potential for universities to play a deliberate role in social cohesion, This growth has not been devoid of challenges. Chege (2009) for example argues that analysis of higher education in different countries reveals numerous pitfalls thereof. the Jomo Kenyatta and Moi regimes suppressed discourse in higher education As a matter of fact, some scholars have developed counter arguments to this notion through harassment, arrests, detention without trials and alleged execution of based on the experiences that Universities have exhibited. Heyneman for instance, university lecturers and students. Scholars like Ngugi wa Thiong‘o, Maina wa Kinyatti rejects the idea that universities have any social role except preparing students for and Abdilatif Abdalla joined political prisoners in detention for criticizing the careers. He further argues that in some cases, universities have become models of administration. In Moi‘s era, scholars such as Alamin Mazrui, Edward Oyugi, Willy immoral or unprofessional behavior such as corruption. Mutunga and Mkangi Katama were detained without trial and later forced to flee into exile. In concurrence with Heyneman, Anassi (2004) argues that Universities have been politicized so much because in the past, Vice Chancellors were more of politicians The irony of the post-Moi era is that bad governance has been perpetuated but the than academicians. He further notes the existence of moral corruption in Kenyan intelligentsia has adopted an indifferent attitude in the face of wide freedoms granted universities where lecturers demand sexual favors from their students for them to by the Constitution. As a matter of fact, university campaigns are dominated by ethnic pass their papers. Anassi finally contends that corruption will compromise the quality rivalry, money and propaganda instead of issues which have traditionally defined of educational programs offered by universities. university politics as observed by Chege (2009).

There are instances when governments impose curricula or policies that support the Chege (2009) also argues that the political class in Kenya has used higher education consolidation of political power among favored groups at the expense of the less to perpetuate their hegemonies. He also emphasizes that Kenya is need of a new crop dominant. For example, the apartheid system of government in 1948 imposed of intellectuals to redirect national discourse by countering the ethnic fetish that segregated education on South African Universities with the then NP Prime Minister dominates the national psych. affirming the government‘s introduction of apartheid at the Universities as an ‗essential measure‘ and was concerned about the presence of black students at Legal Provisions for Representation of Diversity in Universities white universities terming it as ‗an intolerable state of affairs… which gives rise to friction, to an unpleasant relationship between Europeans and Non- Education is largely the primary means of social mobility, national cohesion and socio Europeans.‘ (Ashby, 1960) economic development. The government has since shown commitment to the education sector through various initiatives like constituting taskforces and The source of the challenges notwithstanding, the findings of this study shall enable Commissions to review the education sector and make recommendations. the reader to know whether universities in Kenya have lived up to their social Globalisation has made nations interdependent with each other and this has enabled functions or they have been models of immoral and unprofessional behavior as argued people to interact and exchange cultures beyond the geographic boundaries. This by Anassi (2004) and other scholars. interaction has been manifested through free movement of human capital, increased trade and enhanced communications. Rapid growth of ICT in the recent decades has History of Universities in Kenya and their role in the Cohesion Project been an enabler of global relations and expansion of markets beyond the national borders and has in part, led to the strengthening of relationships among nations with Higher education in Kenya can be traced back to 1922 when the then Makerere the consequence of world peace. College in Uganda was established as a small technical college which grew into an inter-territorial institution admitting students from Kenya, Uganda and Tanganyika The education sector enjoys focus at the national, regional and global levels, and Zanzibar, as well as Zambia and Malawi. In 1949 Makerere College entered into recognising its importance in the growth and stability of the world economy. The acollaboration with the University of London in order to enable its students to study Kenyan government has continued to reform the education sector to respond to for the degrees of the latter university (Nyaigotti, 2004). emerging dynamism both at the national and global level. This includes signing and ratifying various international treaties on education. The relationship lasted until 1951 when the Royal Technical College was established By virtue of Article 2(6) of the Constitution, treaties or conventions ratified by Kenya in Nairobi. The new college opened its doors to the first students in April 1956. In are to form part of the law of Kenya. Accordingly, a number of conventions relating to 1961, the Royal Technical College was transformed into a university under the name education which Kenya has ratified, form part of the education legal framework of the University College of Nairobi giving University of London degrees. In 1970, the country. Kenya has ratified two key regional conventions which make provision for University of Nairobi was established through an Act of Parliament (University of education. These are; the African Charter on the Human and Peoples Rights, Article Nairobi Act, 1970). The high demand for university education in the 1980s and 1990s 17, which provides that every individual shall have a right to education; and the led to the increase in the number of universities with Kenya‘s universities rising from African Charter on the Rights and Welfare of the Child, Article 11, which provides one public university college in 1970 to seven public universities in 2007 (Onsongo, detailed provisions on the right to free and compulsory basic education for the child 2007). Today, there are twenty two public universities with nine constituent colleges. and, state‘s obligation towards that right.

8 This growth has not been devoid of challenges. Chege (2009) for example argues that the Jomo Kenyatta and Moi regimes suppressed discourse in higher education through harassment, arrests, detention without trials and alleged execution of university lecturers and students. Scholars like Ngugi wa Thiong‘o, Maina wa Kinyatti and Abdilatif Abdalla joined political prisoners in detention for criticizing the administration. In Moi‘s era, scholars such as Alamin Mazrui, Edward Oyugi, Willy Mutunga and Mkangi Katama were detained without trial and later forced to flee into exile.

The irony of the post-Moi era is that bad governance has been perpetuated but the intelligentsia has adopted an indifferent attitude in the face of wide freedoms granted by the Constitution. As a matter of fact, university campaigns are dominated by ethnic rivalry, money and propaganda instead of issues which have traditionally defined university politics as observed by Chege (2009).

Chege (2009) also argues that the political class in Kenya has used higher education to perpetuate their hegemonies. He also emphasizes that Kenya is need of a new crop of intellectuals to redirect national discourse by countering the ethnic fetish that dominates the national psych.

Legal Provisions for Representation of Diversity in Universities

Education is largely the primary means of social mobility, national cohesion and socio economic development. The government has since shown commitment to the education sector through various initiatives like constituting taskforces and Commissions to review the education sector and make recommendations. Globalisation has made nations interdependent with each other and this has enabled people to interact and exchange cultures beyond the geographic boundaries. This interaction has been manifested through free movement of human capital, increased trade and enhanced communications. Rapid growth of ICT in the recent decades has been an enabler of global relations and expansion of markets beyond the national borders and has in part, led to the strengthening of relationships among nations with the consequence of world peace.

The education sector enjoys focus at the national, regional and global levels, recognising its importance in the growth and stability of the world economy. The Kenyan government has continued to reform the education sector to respond to emerging dynamism both at the national and global level. This includes signing and ratifying various international treaties on education.

By virtue of Article 2(6) of the Constitution, treaties or conventions ratified by Kenya are to form part of the law of Kenya. Accordingly, a number of conventions relating to education which Kenya has ratified, form part of the education legal framework of the country. Kenya has ratified two key regional conventions which make provision for education. These are; the African Charter on the Human and Peoples Rights, Article 17, which provides that every individual shall have a right to education; and the African Charter on the Rights and Welfare of the Child, Article 11, which provides detailed provisions on the right to free and compulsory basic education for the child and, state‘s obligation towards that right.

9 Under the the UN Conventions, Kenya has ratified the International Convention on  The Millennium Development Goals (MDGs) Social and Economic Rights, Article 13, which declares the recognition of the right of all to education and the objectives thereof, and the Convention on the Rights of the Goal No. 2 Child, Articles 28, 29 and 30, which secure the rights of a child to free and The right to achieve universal primary education by 2015. The successor compulsory basic education. Key international instruments defining the right to to the MDGs is the Sustainable Development Goals which, under Goal 4; education include: ensures inclusive and quality education for all and promote lifelong  The Universal Declaration of Human Rights learning.

Article 26  The African Charter on Human and Peoples Rights

1. Everyone has the right to education. Education shall be free, at least in Article 17 1 the elementary and fundamental stages. Elementary education shall be Every individual shall have the right to education. compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all  The African Charter on the Rights and Welfare of the Child on the basis of merit. Article 11: 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and Every child has a right to education which includes the promotion and fundamental freedoms. It shall promote understanding, tolerance and development of the child‘s personality, talents and mental and physical friendship among all nations, racial or religious groups, and shall further abilities to their fullest potential. the activities of the United Nations for the maintenance of peace. The Vision 2030  The International Covenant on Economic, Social and Cultural Rights Kenya has made notable progress in education and training policy development since Article 13 independence. Education and Training sector is governed by policies contained in the sessional paper no 1 of 2005 on education training and research. The States Parties to the present Covenant recognize the right of everyone to education. Kenya Vision 2030 recognizes that education and training of all Kenyans is fundamental to the success of the Vision. In order to realize the national development  The United Nations Convention on the Rights of the Child (CRC) goals, relevant and quality education and training is required to meet the human development needs of a rapidly changing and a more diverse economy. Article 28 Kenya implements Vision 2030 through five-year medium term rolling plans. The States Parties recognize the right of the child to education, and with a Vision identifies education as the vehicle to transform Kenya into a globally view to achieving this right progressively and on the basis of equal competitive economy. With the expected growth of the economy to position the country opportunity. as a middle income economy by 2030, the country is now more than ever leveraging  UNESCO Convention Against Discrimination in Education on the value creation arising from investment in the education sector to grow a pool of human resource capital that will drive the economy. Article 4 enjoins upon the States Parties to the Convention the obligation to: ―undertake furthermore to formulate, develop and apply a national policy which, by The first medium term plan, 2008-12, provided for the promulgation of the methods appropriate to the circumstances and to national usage, will tend to promote constitution in 2010, under the political pillar, and integrated the various aspects of equality of opportunity and of treatment in the matter of education.‖ basic education into one fold so as to promote wide accessibility and harmonise the curricula. The second medium term plan, 2013-17, has identified priority areas,  The Convention on the Elimination of All Forms of Discrimination against Women including harmonisation of various legislations and addressing the challenges that (CEDAW) face the education sector. A major challenge remains in ensuring and enhancing access, equity and education standards, especially in marginalized regions and Article 10 States Parties shall take all appropriate measures to eliminate deprived urban areas. discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and The Constitution of Kenya, 2010 women

10  The Millennium Development Goals (MDGs)

Goal No. 2

The right to achieve universal primary education by 2015. The successor to the MDGs is the Sustainable Development Goals which, under Goal 4; ensures inclusive and quality education for all and promote lifelong learning.

 The African Charter on Human and Peoples Rights

Article 17 1

Every individual shall have the right to education.

 The African Charter on the Rights and Welfare of the Child

Article 11:

Every child has a right to education which includes the promotion and development of the child‘s personality, talents and mental and physical abilities to their fullest potential.

The Vision 2030

Kenya has made notable progress in education and training policy development since independence. Education and Training sector is governed by policies contained in the sessional paper no 1 of 2005 on education training and research.

Kenya Vision 2030 recognizes that education and training of all Kenyans is fundamental to the success of the Vision. In order to realize the national development goals, relevant and quality education and training is required to meet the human development needs of a rapidly changing and a more diverse economy.

Kenya implements Vision 2030 through five-year medium term rolling plans. The Vision identifies education as the vehicle to transform Kenya into a globally competitive economy. With the expected growth of the economy to position the country as a middle income economy by 2030, the country is now more than ever leveraging on the value creation arising from investment in the education sector to grow a pool of human resource capital that will drive the economy.

The first medium term plan, 2008-12, provided for the promulgation of the constitution in 2010, under the political pillar, and integrated the various aspects of basic education into one fold so as to promote wide accessibility and harmonise the curricula. The second medium term plan, 2013-17, has identified priority areas, including harmonisation of various legislations and addressing the challenges that face the education sector. A major challenge remains in ensuring and enhancing access, equity and education standards, especially in marginalized regions and deprived urban areas.

The Constitution of Kenya, 2010

11 The Constitution of Kenya, 2010 enshrines the national values and principles of (a) the right and responsibility to preserve and promote the traditional principles of governance in Article 10. These values and principles include: patriotism, national academic freedom in the conduct of its internal and external affairs; unity, sharing and devolution of power, the rule of law, democracy and participation of the people, human dignity, equity, social justice, inclusiveness, equality, human (b) power to regulate its affairs in accordance with its independent ethos and rights, non-discrimination and protection of the marginalized, good governance, traditions and in doing so it shall have regard to— integrity, transparency and accountability and sustainable development. All these (i) the promotion and preservation of equality of opportunity and access; values underpin the principles of national cohesion and integration. (ii) effective and efficient use of resources; and In addition, the Constitution of Kenya 2010 guarantees the Right to Education for all (iii) its obligations as to public accountability. under Article 43. Further, every child has a right to Free and Compulsory Basic Education under Article 53 (b) of the same constitution. Children are to be protected Governance and Management of Public Universities from abuse, inhumane treatment and violence under Article 53(1) (d). Youth are entitled to government measures which include affirmative action to ensure that they Kenya‘s university education system must be focused, efficient and able to create have access to relevant education and training, access to employment and protection knowledge and deliver accessible, equitable, relevant and quality training to sustain a from harmful cultural practices and exploitation (Article 55). knowledge economy that is internationally competitive. Public officers have a responsibility to comply with Chapter Six of the Constitution on Leadership and The Universities Act, 2012 Integrity with the following guiding principles: Kenya‘s future as a prosperous and internationally competitive nation will depend on a) selection on the basis of personal integrity, competence and suitability, the quality of her university education system. This is partly because the economy or election in free and fair elections; depends on the higher education system to create a sustainable pool of highly trained human resource capital that underpins the national ambitions of being a knowledge- b) objectivity and impartiality in decision making, and in ensuring that based economy. In addition, a robust legal system is necessary to consolidate the decisions are not influenced by nepotism, favouritism, other improper expected gains arising from investments in the higher education. motives or corrupt practices;

Previously, the higher education system in Kenya was not centrally managed. Public c) selfless service based solely on the public interest, universities operated under their own charters created by Acts of Parliament. As part of the reforms in the education sector under the second medium term plan and the d) accountability to the public for decisions and actions; and expectations of the Constitution, the Universities Act was enacted by Parliament. The Act, repeals previous Acts on university education, and brings all public and private e) discipline and commitment in service to the people. universities under one legislative regime. The Act also transforms the Commission for Higher Education into Commission for University Education with an expanded Further, The Public Service (Values and Principles) Act 2015, gives effect to the mandate of regulating both the public and private universities in Kenya and promotion provisions of Article 232 of the Constitution regarding the values and principles of of education standards in the country, including policy development and accreditation public service. These values and principles include; High standards of professional of programmes and Institutions of higher learning. ethics, Efficient, effective and economic use of resources, Responsive, prompt, effective, impartial and equitable provision of services, Transparency and provision to The universities Act further establishes the placement body known as the Kenya the public of timely accurate information, Accountability for administrative acts, and Universities and Colleges Central Placement Service which is charged with the fair competition and merit as the basis of appointments and promotions. responsibility of placing government sponsored students in universities and colleges. In performing their functions, they have a responsibility to promote equity and access Towards this end, the public universities must establish governance structures that to university and college education, by among other things, developing criteria for comply with the legal requirements for better service delivery. affirmative action for the marginalized, the minorities and persons with disabilities. The Universities Act has created various organs to support proper management of the This body is the successor to the defunct Joint Admission Board (JAB) that acted as a Institutions. Overall policy formulation and guidance is conducted by the Ministry of central placement body for public universities only, and their mandate did not include Education, with support from various state agencies in the education sector. At the colleges. University level, we have a Council which is responsible for employment of staff, Fundamentally, Section 29 of the Universities Act places responsibility on the approving statutes of the universities, approving budgets and policies of the Universities to guarantee academic freedom. Within the confines of this proposition, university. the university has responsibility with regard to; While the university senate is responsible for academic matters of the universities, the Act also establishes the Chancellor of the University, a position which hitherto used to be the preserve of the head of state. The Chancellor is the titular head of the university

12 (a) the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs;

(b) power to regulate its affairs in accordance with its independent ethos and traditions and in doing so it shall have regard to—

(i) the promotion and preservation of equality of opportunity and access; (ii) effective and efficient use of resources; and (iii) its obligations as to public accountability.

Governance and Management of Public Universities

Kenya‘s university education system must be focused, efficient and able to create knowledge and deliver accessible, equitable, relevant and quality training to sustain a knowledge economy that is internationally competitive. Public officers have a responsibility to comply with Chapter Six of the Constitution on Leadership and Integrity with the following guiding principles:

a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;

b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;

c) selfless service based solely on the public interest,

d) accountability to the public for decisions and actions; and

e) discipline and commitment in service to the people.

Further, The Public Service (Values and Principles) Act 2015, gives effect to the provisions of Article 232 of the Constitution regarding the values and principles of public service. These values and principles include; High standards of professional ethics, Efficient, effective and economic use of resources, Responsive, prompt, effective, impartial and equitable provision of services, Transparency and provision to the public of timely accurate information, Accountability for administrative acts, and fair competition and merit as the basis of appointments and promotions.

Towards this end, the public universities must establish governance structures that comply with the legal requirements for better service delivery.

The Universities Act has created various organs to support proper management of the Institutions. Overall policy formulation and guidance is conducted by the Ministry of Education, with support from various state agencies in the education sector. At the University level, we have a Council which is responsible for employment of staff, approving statutes of the universities, approving budgets and policies of the university.

While the university senate is responsible for academic matters of the universities, the Act also establishes the Chancellor of the University, a position which hitherto used to be the preserve of the head of state. The Chancellor is the titular head of the university

13 charged with the responsibility of conferring degrees and diplomas and advising the The Universities Amendment Bill 2014, currently before parliament, proposes to University Council from time to time. amend the Universities Act, No. 42 of 2012, so as to provide for liaison and coordination between the Commission for University Education and the county The university Vice Chancellor is the chief executive of the university and the governments on matters of provision of university education at the county level of administrative head. He is supported by the deputy vice chancellors and other government. The establishment of public universities in each of the counties would administrative heads of various functions, who constitute the University Management ensure equitable access to university education in all the counties. Board, charged with the responsibility of implementing policies of the council. The Government has proceeded to establish public universities in almost all counties Various studies on governance of public institutions have indicated that weak as is illustrated by the table below. Only 17 counties do not have an institution of governance structures exist that have led to mismanagement. The structural higher learning. weaknesses have led to cases of corruption, tribalism, gender discrimination nepotism and professional misconduct in management of these institutions. Public universities in particular suffer from cases of tribalism and nepotism, where one community, and by extension the region, dominates employment opportunities, against the Table 2: Public Universities established in each County in Kenya Constitutional expectation of regional balance. County No. of Universities University Name To this end, the government came up with Mwongozo, the code of governance for 1. Mombasa 1 Technical University of Mombasa public institutions as a critical building block in entrenching principles and values of 2. Kwale 0 - public service and best practices in corporate governance. Mwongozo addresses matters of effectiveness of Boards, transparency and disclosure, accountability, risk 3. Kilifi 1 Pwani University management, internal controls, ethical leadership and good corporate citizenship. 4. Tana River 0 - These practices are at the core of the values and principles of Public Service as 5. Lamu 0 - enshrined under Article 232 of the Constitution of Kenya, 2010. With implementation 6. of this code, it is hoped that it will result in effective and efficient State Corporations Taita Taveta 1 Taita Taveta University College that deliver value to Kenyans in a transparent and accountable manner. 7. Garissa 1 Garissa University College 8. Wajir 0 - Legislations on Employment and Labour relations 9. Mandera 0 - The Employment Act, 2012 provides for the legal framework upon which human 10. Marsabit 0 - capital is legislated and in so doing, the Act defines the fundamental rights of 11. Isiolo 0 - employees, to provide basic conditions of employment of employees, to regulate 12. Meru University of Science and employment of children, and to provide for matters connected with the foregoing. Key Meru 1 principles of the Act include: prohibition against forced labour, promotion of equality Technology of opportunity in employment in order to eliminate discrimination in employment; 13. Tharaka Nithi 1 Chuka University policy statements on sexual harassment, and contractual framework for engagement 14. Embu 1 Embu University College between employees and the employer. 15. Kitui 1 South Eastern Kenya University Legislation on Devolving of Education 16. Machakos 1 Machakos University College 17. Makueni 0 - The Constitution of Kenya 2010 makes the governance of education a largely a national responsibility. However, The Constitution recognises the importance of the 18. Nyandarua 0 - education sector and the need to devolve certain elements for efficient and improved 19. Karatina University, Dedan Kimathi Nyeri 2 service delivery to the citizenry. Devolution is covered under Chapter 11 and by almost University of Technology all chapters of the Constitution and the powers and functions of the two levels of 20. Kirinyaga 1 Kirinyaga University College Government are listed in the Fourth Schedule. 21. Murang‘a 1 Murang‘a University College The Universities Act, 2012, places responsibility on the Commission for University 22. Gatundu University College Education to ensure the establishment of public universities in each of the Counties, Kiambu 2 Jomo Kenyatta University of giving priority to Counties that do not have universities immediately after following the Agriculture and Technology coming into force of the Act. 23. Turkana 1 Turkana University College

14 The Universities Amendment Bill 2014, currently before parliament, proposes to amend the Universities Act, No. 42 of 2012, so as to provide for liaison and coordination between the Commission for University Education and the county governments on matters of provision of university education at the county level of government. The establishment of public universities in each of the counties would ensure equitable access to university education in all the counties.

The Government has proceeded to establish public universities in almost all counties as is illustrated by the table below. Only 17 counties do not have an institution of higher learning.

Table 2: Public Universities established in each County in Kenya

County No. of Universities University Name 1. Mombasa 1 Technical University of Mombasa 2. Kwale 0 - 3. Kilifi 1 Pwani University 4. Tana River 0 - 5. Lamu 0 - 6. Taita Taveta 1 Taita Taveta University College 7. Garissa 1 Garissa University College 8. Wajir 0 - 9. Mandera 0 - 10. Marsabit 0 - 11. Isiolo 0 - 12. Meru University of Science and Meru 1 Technology 13. Tharaka Nithi 1 Chuka University 14. Embu 1 Embu University College 15. Kitui 1 South Eastern Kenya University 16. Machakos 1 Machakos University College 17. Makueni 0 - 18. Nyandarua 0 - 19. Karatina University, Dedan Kimathi Nyeri 2 University of Technology 20. Kirinyaga 1 Kirinyaga University College 21. Murang‘a 1 Murang‘a University College 22. Gatundu University College Kiambu 2 Jomo Kenyatta University of Agriculture and Technology 23. Turkana 1 Turkana University College

15 24. West pokot 0 - legal instruments and general principles customary international law, which are now 25. Samburu 0 - part of the law of Kenya, according to Articles 2(5) and 2(6) of the Constitution. Despite these legal obligations, negative ethnic and race relations permeate the public 26. Trans Nzoia 0 - and private domains in various forms that work against the spirit and letter of the 27. Moi University, Constitution. Uasin Gishu 2 University of Eldoret The National Cohesion and Integration Act, 2008 was enacted with the intention of 28. Elgeyo Marakwet 0 - encouraging national cohesion and integration by outlawing discrimination on ethnic 29. Nandi 1 Koitalel Samoei University College grounds. The Act outlaw‘s discrimination in various forms including ethnic 30. Baringo 0 - discrimination by way of victimization, comparison of persons of different ethnic groups and harassment on the basis of ethnicity; discrimination in employment, in 31. Laikipia 1 Laikipia University membership of organizations and by other agencies, in access to and distribution of 32. Nakuru 1 Egerton University public resources, as well as discrimination in property ownership, management and 33. Narok 1 Maasai Mara University disposal. 34. Kajiado 0 - Further, the Act established the National Cohesion and Integration Commission 35. Kericho 1 University of Kabianga (NCIC) and set out its powers and functions. The NCIC is committed to contributing to 36. Bomet 1 Bomet University College a legislative and policy environment in which development of all legislation and 37. Masinde Muliro University of policies observes and adheres to the national cohesion and integration principles, Kakamega 1 Science and Technology particularly the principles that give effect to non-discrimination and equality, in conformity with the Constitution (2010) and the Act (2008). 38. Vihiga 1 Kaimosi University College 39. Bungoma 1 Kibabii University 40. Busia 1 Alupe University 41. Siaya 0 -

42. Jaramogi Oginga Odinga University Kisumu 1 of Science and Technology, Maseno University 43. Homa Bay 1 Tom Mboya University College 44. Migori 1 Rongo University 45. Kisii 1 Kisii University 46. Nyamira 0 - 47. The University of Nairobi Multimedia University of Kenya Technical University of Kenya Nairobi 6 Kenyatta University Co-operative University College of Kenya Pan Africa University

The National Cohesion and Integration Act, 2008

The Constitution 2010 makes provisions that outlaw discrimination against any person on grounds of ethnicity. The obligations to promote equality and non- discrimination, including on ethnic grounds, also stem from an array of international

16 legal instruments and general principles customary international law, which are now part of the law of Kenya, according to Articles 2(5) and 2(6) of the Constitution. Despite these legal obligations, negative ethnic and race relations permeate the public and private domains in various forms that work against the spirit and letter of the Constitution.

The National Cohesion and Integration Act, 2008 was enacted with the intention of encouraging national cohesion and integration by outlawing discrimination on ethnic grounds. The Act outlaw‘s discrimination in various forms including ethnic discrimination by way of victimization, comparison of persons of different ethnic groups and harassment on the basis of ethnicity; discrimination in employment, in membership of organizations and by other agencies, in access to and distribution of public resources, as well as discrimination in property ownership, management and disposal.

Further, the Act established the National Cohesion and Integration Commission (NCIC) and set out its powers and functions. The NCIC is committed to contributing to a legislative and policy environment in which development of all legislation and policies observes and adheres to the national cohesion and integration principles, particularly the principles that give effect to non-discrimination and equality, in conformity with the Constitution (2010) and the Act (2008).

17 provide specific details of all their employees. The details included the employee‘s name, gender, job group, designation, highest level of education, department, ethnic group, Home County, Work County and date of appointment. These variables were closely crafted alongside the Integrated Personnel Payroll Data (IPPD) for ease of data collation by universities. This is because universities use the same format in their human resource management operations. The quantitative data from the universities‘ feedback on the questionnaire was collected between February and May 2016.

Introduction Qualitative Questionnaire This chapter reveals the research design and the methodologies used to collect, Each university provided the actual details of each employee and also shared the analyze and present data. challenges faced in ensuring representation of diversity in its workforce. In addition, the questionnaire addresses the specific practical strategies that may be adopted in Research Design order to execute the legal requirements reflected in the Constitution and the NCI Act. This study largely relies on the positivism paradigm which adopts the scientific The data for the qualitative questionnaire was also collected between February and method as a means of knowledge generation. The scientific data collected is subjected May 2016. to validation by directly engaging and hearing from the study population in order to better the patterns related to the study. This study uses the mixed method design. The Interview Schedules mixed method design in research combines quantitative and qualitative research The study used interviews to verify the trends revealed from the quantitative data. Two techniques, methods, approaches, concepts, or language into a single study (Johnson focus group discussions were conducted to help interpret the trends and understand & Onwuegbuzie, 2004) taking advantage of the strengths of both quantitative and the underlying factors thereof. These FGDs brought together long serving staff of qualitative research approaches. While on their own quantitative and qualitative universities on the one hand, and the top management of each University including methods have some strengths, more benefits are realized when they are the VCs, Principals and Members of Councils on the other hand. An interview complementary and this enhances the validity of the research findings. schedule was used to guide the FGD and the moderator.

This study uses four methods to ensure validity and reliability. The methods include review of literature, questionnaire and in-depth discussions. Ethnic Diversity in Kenya There are more than 42 ethnic communities in Kenya. Language and cultural Study Population background are the main criteria used for ethnic identification in Kenya. There are three main language groups in which the ethnic communities in Kenya can be The population is a precise group of people or objects that possess the characteristic grouped or classified: that is questioned in a study. The study population for this research comprises all • Bantu-speaking public institutions of higher learning in Kenya In line with the provision of Section 7(2) • Nilotic-speaking of the NCI Act is directed at public institutions. Private universities not covered in the • Cushitic-speaking Act were excluded from this study. Currently, Kenya has twenty-two (22) public universities and nine (9) constituent colleges (CUE website). There are other distinct language groups such as the Arabs, Asians, Europeans and Americans. Sampling and Sample Size The study used the census sampling method of all the 22 public universities and 9 For the purpose of including all communities, this audit used the Housing and constituent colleges. Population Census, 2009 to operationalize the ethnic categories as follows;

Data Collection Instruments 1. Suba 10. Meru 2. Embu 11. Nubi The study used three key data collection instruments namely: questionnaire, 3. Kamba 12. Samburu qualitative questionnaire and interview schedules. 4. Kikuyu 13. Taita 5. Kisii 14. Taveta 6. Kuria 15. Teso Questionnaire 7. Luo 16. Turkana The study undertook a survey of all the 22 public universities and their nine 8. Maasai 17. Tharaka constituent colleges. A questionnaire was presented to each individual university to 9. Mbeere

18 provide specific details of all their employees. The details included the employee‘s name, gender, job group, designation, highest level of education, department, ethnic group, Home County, Work County and date of appointment. These variables were closely crafted alongside the Integrated Personnel Payroll Data (IPPD) for ease of data collation by universities. This is because universities use the same format in their human resource management operations. The quantitative data from the universities‘ feedback on the questionnaire was collected between February and May 2016.

Qualitative Questionnaire Each university provided the actual details of each employee and also shared the challenges faced in ensuring representation of diversity in its workforce. In addition, the questionnaire addresses the specific practical strategies that may be adopted in order to execute the legal requirements reflected in the Constitution and the NCI Act. The data for the qualitative questionnaire was also collected between February and May 2016.

Interview Schedules The study used interviews to verify the trends revealed from the quantitative data. Two focus group discussions were conducted to help interpret the trends and understand the underlying factors thereof. These FGDs brought together long serving staff of universities on the one hand, and the top management of each University including the VCs, Principals and Members of Councils on the other hand. An interview schedule was used to guide the FGD and the moderator.

Ethnic Diversity in Kenya There are more than 42 ethnic communities in Kenya. Language and cultural background are the main criteria used for ethnic identification in Kenya. There are three main language groups in which the ethnic communities in Kenya can be grouped or classified: • Bantu-speaking • Nilotic-speaking • Cushitic-speaking

There are other distinct language groups such as the Arabs, Asians, Europeans and Americans.

For the purpose of including all communities, this audit used the Housing and Population Census, 2009 to operationalize the ethnic categories as follows;

1. Suba 10. Meru 2. Embu 11. Nubi 3. Kamba 12. Samburu 4. Kikuyu 13. Taita 5. Kisii 14. Taveta 6. Kuria 15. Teso 7. Luo 16. Turkana 8. Maasai 17. Tharaka 9. Mbeere

19 18. Luhya (so stated) • Dahalo Source: Republic of Kenya (2010) 2009 Kenya Population and Housing Census, Vol II, • Bakhayo • Pokomo Government Printer • Banyore • Waata • Banyala 21. Swahili (so stated) Quality Control • Bukusu • Amu • Idakho • Bajun For data quality control purposes, the following measures will be taken: • Isukha • Chitundu • Tiriki • Jomvu Involvement of the research committee in the whole process • Kabras • Munyoyaya Recruitment and training of research assistants who were interning at the • Marachi • Mvita Commission • Marama • Ngare Testing of the questionnaire • Kisa • Pate Supervision of data collection activity by the head of research, policy and • Maragoli • Siu planning department • Samia • Vumba Data cleaning and coding prior to analysis • Tachoni • Wachangamwe • Batsotso • Wafaza Use of SPSS software for data analysis • Wanga • Wakatwa • Tura • Wakiliffi Data Analysis 19. Kalenjin (so stated) • Wakilindini The data was analysed both quantitatively and qualitatively. Quantitative data was • Keiyo • Wamtwapa analysed using descriptive statistics aided by the programme Statistical Package for • Nandi • Washaka Social Sciences (SPSS). Quantitative data was presented using frequencies, • Kipsigis • Watangana percentages and tables while qualitative data was organized into thematic categories • Tugen 22. Kenyan Somali (so stated) according to the objectives of the study. • Pokot • Ajuran • Marakwet • Degodia • Njems • Gurreh • Arror • Hawiyah • Bung‘omek • Murile • Cherangany‘ • Ogaden • Dorobo 23. Ilchamus • El Molo 24. Njemps • Endo 25. Borana • Ogiek 26. Burji • Sabaot 27. Dasanech • Samor 28. Gabra • Sengwer 29. Galla • Senger 30. Gosha • Terik 31. Konso • Endorois 32. Orma 20. Mijikenda (so stated) 33. Rendille • Giriama 34. Sakuye • Digo 35. Waat • Rabai 36. Galjeel • Chonyi 37. Kenyan Arabs • Duruma 38. Kenyan Asians • Kauma 39. Kenyan Europeans • Kambe 40. Kenyan Americans • Ribe 41. Isaak • Jibana 42. Leysan • Boni

20 Source: Republic of Kenya (2010) 2009 Kenya Population and Housing Census, Vol II, Government Printer

Quality Control

For data quality control purposes, the following measures will be taken:

Involvement of the research committee in the whole process Recruitment and training of research assistants who were interning at the Commission Testing of the questionnaire Supervision of data collection activity by the head of research, policy and planning department Data cleaning and coding prior to analysis Use of SPSS software for data analysis

Data Analysis The data was analysed both quantitatively and qualitatively. Quantitative data was analysed using descriptive statistics aided by the programme Statistical Package for Social Sciences (SPSS). Quantitative data was presented using frequencies, percentages and tables while qualitative data was organized into thematic categories according to the objectives of the study.

21 15. Foreigner 113 0.4 16. Swahili 113 0.4 17. Borana 55 0.2 18. Kenyan Asian 48 0.2 19. Suba 48 0.2 20. Mbeere 47 0.2 21. Kuria 46 0.2 Introduction 22. Samburu 31 0.1 23. Turkana 26 0.1 This chapter discusses the major findings of this study delineated from the analysis of 24. Taveta 22 0.1 data collected from 22 public universities and their nine constituent colleges. 25. Arab 20 0.1 Ethnic Representation in Public Institutions of Higher Learning in Kenya 26. Nubi 7 0.02 27. Tharaka 5 0.02 The study reveals that the composition of the sum of all employees in institutions of 28. Rendille 4 0.01 higher learning seems to take cognizance of the principles and values of public service 29. Njemps 4 0.01 highlighted in Article 232 of the Constitution, particularly in regard to representation 30. Sabaot 3 0.01 of the diversity of the people of Kenya within the public service. The largest ethnic group recruited in the service of these institutions is the Kikuyu which forms 23.6%. 31. Gabbra 3 0.010 32. Chuka 1 0.003 Dominant Communities among the Workforce in Higher Learning Institutions 33. Ilchamus 1 0.003 The Kikuyu, Luo, Luhya, Kalenjin, Kisii and Kamba who together make up about 66 34. Orma 1 0.003 percent of the Kenyan population constitute 70.8 percent of the total workforce. This 35. Burji 1 0.003 severs opportunities to enhance the face of Kenya in these institutions thus excluding the other more than 37 ethnic communities. The table below shows that the Total 29,835 100.0 universities have in their workforce members from at least thirty-eight ethnic groups in Kenya.

Comparison of the Composition of Public Universities with the National Population

Table 3: General Ethnic Composition of employees in Public Universities in Kenya An analysis of the composition of employees in the Kenyan public universities against

Ethnicity Number Percentage the national population reveals inequalities in the ethnic representation. Indeed, the 1. Kikuyu 7050 23.6 study reveals glaring under-representation of some ethnic communities in the 2. Luo 4658 15.6 university employment. 3. Kalenjin 4586 15.4 Over-representation, Under-representation and Exclusion 4. Luhya 4562 15.3

5. Kisii 2470 8.3 The proportion of ethnic communities in employment when compared with their 6. Kamba 2393 8.0 proportion in national population, revealed that some communities have a higher 7. Meru 1348 4.5 proportion within university employment. The communities affected in this regard 8. Mijikenda 652 2.3 include the Kikuyu, Luhya, Kalenjin, Kisii and Luo communities among others.

9. Embu 419 1.4 10. Taita 370 1.2 11. Maasai 331 1.1 The notably under-represented communities include the Turkana, Maasai, Kenyan Somali, Kamba and Mijikenda among others. 12. Somali 161 0.5

13. Other Kenyans 158 0.5 14. Teso 127 0.4

15. Foreigner 113 0.4 16. Swahili 113 0.4 17. Borana 55 0.2 18. Kenyan Asian 48 0.2 19. Suba 48 0.2 20. Mbeere 47 0.2 21. Kuria 46 0.2 Introduction 22. Samburu 31 0.1 23. Turkana 26 0.1 This chapter discusses the major findings of this study delineated from the analysis of 24. Taveta 22 0.1 data collected from 22 public universities and their nine constituent colleges. 25. Arab 20 0.1 Ethnic Representation in Public Institutions of Higher Learning in Kenya 26. Nubi 7 0.02 27. Tharaka 5 0.02 The study reveals that the composition of the sum of all employees in institutions of 28. Rendille 4 0.01 higher learning seems to take cognizance of the principles and values of public service 29. Njemps 4 0.01 highlighted in Article 232 of the Constitution, particularly in regard to representation 30. Sabaot 3 0.01 of the diversity of the people of Kenya within the public service. The largest ethnic group recruited in the service of these institutions is the Kikuyu which forms 23.6%. 31. Gabbra 3 0.010 32. Chuka 1 0.003 Dominant Communities among the Workforce in Higher Learning Institutions 33. Ilchamus 1 0.003 The Kikuyu, Luo, Luhya, Kalenjin, Kisii and Kamba who together make up about 66 34. Orma 1 0.003 percent of the Kenyan population constitute 70.8 percent of the total workforce. This 35. Burji 1 0.003 severs opportunities to enhance the face of Kenya in these institutions thus excluding the other more than 37 ethnic communities. The table below shows that the Total 29,835 100.0 universities have in their workforce members from at least thirty-eight ethnic groups in Kenya.

Comparison of the Composition of Public Universities with the National Population

Table 3: General Ethnic Composition of employees in Public Universities in Kenya An analysis of the composition of employees in the Kenyan public universities against

9. Embu 419 1.4 10. Taita 370 1.2 11. Maasai 331 1.1 The notably under-represented communities include the Turkana, Maasai, Kenyan Somali, Kamba and Mijikenda among others. 12. Somali 161 0.5

13. Other Kenyans 158 0.5 14. Teso 127 0.4

There are a few other communities excluded from university employment such as the Dasenach and the Gosha.

Trends in Representation (2012 vs 2016)

The general trend illustrated in the table below shows improvement in the representation of diversity in universities. For example, certain communities such as the Orma that had been excluded in the 2012 are at present represented in university employment. Additionally, minority communities such as the Ilchamus have increased their numbers in employment.

24 Table Swahili Suba Borana Mbeere Tharaka Samburu Kuria Taita Embu Teso Maasai Turkana Meru Mijikenda Kisii Kenyan Somali Kamba Luo Kalenjin Luhya Kikuyu Ethnic Group 4 : Comparison of : Comparison

Percentages of Percentages Census 2009 Population 1,658,108 1,960,574 2,205,669 2,385,572 3,893,157 4,044,440 4,967,328 5,338,666 6,622,576 110,614 139,271 161,399 168,155 175,905 237,179 260,401 273,519 324,092 338,833 841,622 988,592 Census Population and and Population Census

% Population

10.4 10.8 13.3 14.2 17.7 0.3 0.4 0.4 0.4 0.5 0.6 0.7 0.7 0.9 0.9 2.2 2.6 4.4 5.2 5.9 6.4

111 48 55 47 5 31 46 370 419 127 331 26 1348 634 2470 161 2393 4658 4558 4562 7050 Universities No. in the

Employment in Public Universities Public in Employment

0.4 0.2 0.2 0.2 0.02 0.1 0.2 1.2 1.4 0.4 1.1 0.1 4.5 2.1 8.3 0.5 8.0 15.6 15.3 15.3 23.6 Universities % in

in Kenya in 0.1 ------0.5 0.5 - - - 0.1 - 2.4 - - 4.8 2.0 1.1 5.9 and Employment Population Ratio Difference Percentage 0.2 0.2 0.2 0.5 0.5 0.5 0.5 1.1 2.5 3.1 5.9 2.4

25 Figure 2016 Americans Africans Other Kenyans and Kenyan European Njemps Ilchamus Dasenach Nubi Taveta Gosha Burji Kenyan Arab Kenyan Asian Rendille Orma Gabbra Total

1 :

Comparison of Percentages of Census Population versus Employment Percentage Employment versus Population Census of Percentages of Comparison

12,530 15,463 20,828 21,864 23,735 40,760 46,782 60,437 66,275 89,515 5,166 5,228

0.01 0.01 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0 0

113 4 7 22 1 20 48 4 1 3

29,674 1

0.4 0.01 0.003 0.02 0.1 0.003 0.1 0.2 0.01 0.003 0.010

in Public Universities in Kenya, Kenya, in Universities Public in

0.4 0.0 0.0 0.0 - 0.0 0.1 - - -

0.1 0.1 0.2 0.2 1

26 Figure 2016

1 : Comparison of Percentages of Census Population versus Employment Percentage Employment versus Population Census of Percentages of Comparison s

in Public Universities in Kenya, Kenya, in Universities Public in

27 Compliance with the NCI Act

Based on the analysis of the 22 public universities and their nine constituent colleges, the findings indicated that only five institutions complied with section 7(2) of the NCI Act while 26 institutions contravened the provisions of Act. Consequently, the study showed skewed employment distribution of employees in these institutions with the universities drawing more than 33.3% of their employees from one ethnic group.

The complying institutions include Multimedia University, Technical University of Kenya, Egerton University, University of Nairobi and Cooperative University College. The University of Nairobi marked a great improvement from 34% in 2012 to the current 30.1% recorded in 2016. The status of compliance in the universities is as shown in the tables below.

Table 5: Public Institutions of Learning which Comply with the NCI Act Majority VC/ Majority % of Ethnic Status of Name of Principal’s Ethnic Group highest Group in Complia University Ethnic among Senior Commun the Entire nce Group Staff ity Staff Multi Media 1 Meru Kikuyu Kikuyu 21.8 Complied University Technical 2 University of Luo Kikuyu Kikuyu 26.8 Complied Kenya Egerton 3 University Luhya Kikuyu Kikuyu 27.1 Complied University of 4 Kamba Kikuyu Kikuyu 30.1 Complied Nairobi Co-operative 5 Luhya Kikuyu Kikuyu 33.1 Complied University College

Table 6 below shows the universities that have contravened section 7(2) of the NCI Act. While the Technical university of Mombasa complied in 2012 when its highest ethnic group in the total workforce was 28.2%, it has contravened the Act following an increase of this same ethnic community to 34.5%.

Table 6: Public Institutions of Higher Learning that Contravene the NCI Act Majority Ethnic % of Status of Name of University Group in highest Compliance the Entire Community Staff 1 Kirinyaga University College Kikuyu 82.7 Contravenes

28 2 Kibabii University Luhya 79 Contravenes 3 Murang‘a University College Kikuyu 76.1 Contravenes Jaramogi Oginga Odinga 4 University Luo 75.1 Contravenes 5 Rongo University College Luo 72.5 Contravenes 6 Kisii University Kisii 72.1 Contravenes 7 Meru University Meru 70.9 Contravenes 8 Dedan Kimathi University Kikuyu 70.1 Contravenes 9 Masinde Muliro University Luhya 69.9 Contravenes 10 University of Kabianga Kalenjin 68.8 Contravenes 11 Machakos University College Kamba 67.4 Contravenes 12 Maseno University Luo 63.8 Contravenes 13 Karatina Universtiy Kikuyu 61.8 Contravenes 14 Moi University Kalenjin 60.6 Contravenes 15 South Eastern Kenya University Kamba 57.5 Contravenes 16 Chuka University College Meru 53.1 Contravenes 17 University of Eldoret Kalenjin 51.5 Contravenes 18 Garissa University College Somali 51.4 Contravenes Jomo Kenyatta University of 19 Agriculture and Technology Kikuyu 45.3 Contravenes (JKUAT) 20 Kenyatta University Kikuyu 39.8 Contravenes 21 Maasai Mara University Maasai 38.8 Contravenes 22 Taita Taveta University College Taita 38 Contravenes 23 Laikipia University Kikuyu 37.6 Contravenes 24 Embu University Embu 37.2 Contravenes 25 Pwani University Mijikenda 36.8 Contravenes 26 Technical University of Mombasa Mijikenda 34.5 Contravenes

Comparison with Previous Status of Compliance

A comparison of the compliance levels of institutions of higher learning between the status in 2016 and that in 2012 revealed that thirteen (13) institutions improved compliance by reducing the proportion of the majority ethnic community in their employment. The most improved institution is Meru University which reduced the proportion of the Meru community from 83% in 2012 to 70.9% in 2016.

Table 7 below also illustrates the nine (9) institutions that deteriorated as they continued employing members of staff from the ethnic group already forming the majority of their staff. The worst performing institution is University of Kabianga which added 10.7% in 2016 to the already existing 58.1% majority staff drawn from

29 the Kalenjin community partly perhaps attributable to the fact that the Vice chancellor Co-operative Kikuyu 22 0 33.1 of the university belongs to the Kalenjin community. University College 0 23 Laikipia University Kikuyu 37 37.6 -0.6 Masinde Muliro Luhya 24 68.9 Table 7: Comparison of the Status of Compliance in the Universities, 2012 University 69.9 -1 25 Karatina Universtiy Kikuyu 60.7 61.8 versus 2016) -1.1 26 Egerton University Kikuyu 25.9 27.1 -1.2 27 Kenyatta University Kikuyu 38 39.8 -1.8 % of % of Multi Media Kikuyu 28 20 21.8 highest highest University -1.8 Name of University Improvement Communit Community 29 Moi University Kalenjin 56.3 60.6 -4.3 y (2012) (2016) Technical University Mijikenda 30 29.3 of Mombasa 34.5 -5.2 1 Meru University Meru 83 70.9 12.1 University of Kalenjin South Eastern Kenya Kamba 31 58.1 68.8 2 67.5 Kabianga -10.7 University 57.5 10

Jaramogi Oginga Luo 3 84.3 Odinga University 75.1 9.2 4 Kisii University Kisii 79.1 72.1 7 Universities as Big Employers

5 University of Eldoret Kalenjin 58.1 51.5 6.6 Basically, universities are big employers in Kenya. The study found out that the total Dedan Kimathi Kikuyu 6 76 70.1 University 5.9 size of employment in public universities and constituent colleges was 29,835. Chuka University Meru Following the NCIC study in 2011 on Diversity in the Civil Service, it is worth noting 7 58.4 College 53.1 5.3 that university employment constitutes about a quarter of the size of employment in Maasai Mara Maasai 8 43.6 mainstream government. University 38.8 4.8 9 Pwani University Mijikenda 41.3 36.8 4.5 Table 8: The Size of Employment in Institutions of Higher Learning Kikuyu 10 JKUAT 49.6 45.3 4.3 Name of University Number of Employees 11 University of Nairobi Kikuyu 34 30.1 3.9 1 University of Nairobi 5795 Technical University Kikuyu 12 29.5 26.8 2 Moi University 3198 of Kenya 2.7 3 Kenyatta University 2763 13 Maseno University Luo 65.8 63.8 2 4 JKUAT 2450 Kirinyaga University Kikuyu 14 0 College 82.7 0 5 Egerton University 2044 15 Kibabii University Luhya 0 79 0 6 Maseno University 1286 Murang‘a University Kikuyu 7 Technical University of Kenya 1185 16 0 76.1 College 0 8 Kisii University 1033 Machakos University Kamba 17 0 9 Masinde Muliro University 1030 College 67.4 0 10 University of Eldoret 917 Garissa University Somali 18 0 51.4 Technical University of College 0 11 753 Taita Taveta Taita Mombasa 19 0 38 University College 0 12 Laikipia University 585 Rongo University Luo 20 0 72.5 13 Maasai Mara University 531 College 0 14 University of Kabianga 506 21 Embu University Embu 0 37.2 0 15 Dedan Kimathi University 471

30 Co-operative Kikuyu 22 0 33.1 University College 0 23 Laikipia University Kikuyu 37 37.6 -0.6 Masinde Muliro Luhya 24 68.9 University 69.9 -1 25 Karatina Universtiy Kikuyu 60.7 61.8 -1.1 26 Egerton University Kikuyu 25.9 27.1 -1.2 27 Kenyatta University Kikuyu 38 39.8 -1.8 Multi Media Kikuyu 28 20 21.8 University -1.8 29 Moi University Kalenjin 56.3 60.6 -4.3 Technical University Mijikenda 30 29.3 of Mombasa 34.5 -5.2 University of Kalenjin 31 58.1 68.8 Kabianga -10.7

Universities as Big Employers

Basically, universities are big employers in Kenya. The study found out that the total size of employment in public universities and constituent colleges was 29,835. Following the NCIC study in 2011 on Diversity in the Civil Service, it is worth noting that university employment constitutes about a quarter of the size of employment in mainstream government.

Table 8: The Size of Employment in Institutions of Higher Learning Name of University Number of Employees 1 University of Nairobi 5795 2 Moi University 3198 3 Kenyatta University 2763 4 JKUAT 2450 5 Egerton University 2044 6 Maseno University 1286 7 Technical University of Kenya 1185 8 Kisii University 1033 9 Masinde Muliro University 1030 10 University of Eldoret 917 Technical University of 11 753 Mombasa 12 Laikipia University 585 13 Maasai Mara University 531 14 University of Kabianga 506 15 Dedan Kimathi University 471

31 16 Rongo University College 448 17 South Eastern Kenya University 438 18 Karatina University 419 19 Chuka University College 409 20 Machakos University College 402 21 Pwani University 397 22 Multi Media University 390 Jaramogi Oginga Odinga 23 382 University 24 Meru University 316 25 Kibabii University 309 26 Co-operative University College 272 27 Murang‘a University College 259 28 Taita Taveta University College 250 29 Kirinyaga University College 226 30 Embu University 223 31 Garissa University College 148 29,835

Estimates of Recurrent Expenditure 2016/17, Compliance and Size of Work Force As earlier stated, institutions of higher learning have various sizes ranging from 148 to about 6,000 employees. An attempt was made to infer a relationship between the financial allocations given to the various institutions by the Government to ensure smooth running of their objectives. The Table below shows the estimated allocations to the various universities for the year 2016/2017 and correlates this to their status of compliance with the NCI Act coupled with their work force sizes.

Table 9: Estimated Allocations to Public Universities and Constituent Colleges

% of highest University Allocations community in Number of employment Employees University of Nairobi 11,392,658,948 30.1 5,795 Kenyatta university 5,995,645,400 39.8 2,763 Moi University 5,009,463,150 60.6 3,198 Jomo Kenyatta University of 4,582,005,332 Agriculture and technology 45.3 2,450 Egerton university 3,774,055,900 27.1 2,044 Masinde Muliro University 2,509,702,000 69.9 1,030 Maseno University 1,978,209,350 63.8 1,286 Technical university of 1,420,500,000 26.8 1,185

32 16 Rongo University College 448 Kenya 17 South Eastern Kenya University 438 University of Eldoret 1,348,354,000 51.5 917 18 Karatina University 419 Kisii University 982,496,500 72.1 1,033 19 Chuka University College 409 Technical university of 20 Machakos University College 402 891,122,550 Mombasa 34.5 753 21 Pwani University 397 Embu University 721,242,550 37.2 223 22 Multi Media University 390 Chuka University 713,532,000 53.1 409 Jaramogi Oginga Odinga 23 382 University Maasai Mara University 687,593,500 38.8 531 Taita Taveta University 24 Meru University 316 College 25 Kibabii University 309 685,460,800 38 250 South Eastern Kenya 26 Co-operative University College 272 677,084,450 27 Murang‘a University College 259 University 57.5 438 Machakos University 28 Taita Taveta University College 250 29 Kirinyaga University College 226 College 660,852,500 67.4 402 Multimedia University of 30 Embu University 223 655,926,500 31 Garissa University College 148 Kenya 21.8 390 29,835 Murang'a University College 650,928,350 76.1 259 Jaramogi Oginga Odinga University of Science an d 646,397,500 Estimates of Recurrent Expenditure 2016/17, Compliance and Size of Work Force Technology 75.1 382 As earlier stated, institutions of higher learning have various sizes ranging from 148 to Laikipia University of 645,828,950 about 6,000 employees. An attempt was made to infer a relationship between the Technology 37.6 585 financial allocations given to the various institutions by the Government to ensure University of Kabianga 638,084,500 68.8 506 smooth running of their objectives. The Table below shows the estimated allocations to Dedan Kimathi University of the various universities for the year 2016/2017 and correlates this to their status of 624,380,650 Technology 70.1 471 compliance with the NCI Act coupled with their work force sizes. Rongo University College 600,447,850 72.5 448 Table 9: Estimated Allocations to Public Universities and Constituent Colleges Pwani University 598,394,400 36.8 397 Kibabii University 585,670,750 79 309 % of highest Meru University of science University Allocations community in Number of 569,008,150 employment Employees and Technology 70.9 316 University of Nairobi 11,392,658,948 30.1 5,795 Karatina University 565,481,950 61.8 419 Kenyatta university 5,995,645,400 39.8 2,763 Cooperative University College 565,362,500 33.1 272 Moi University 5,009,463,150 60.6 3,198 Kirinyaga University College 540,067,300 82.7 226 Jomo Kenyatta University of 4,582,005,332 Garissa University College 500,550,400 51.4 148 Agriculture and technology 45.3 2,450 Egerton university 3,774,055,900 27.1 2,044 Masinde Muliro University 2,509,702,000 69.9 1,030 Source: Compiled from GoK, (2016) 2016/2017 Estimates of Recurrent Expenditure of th Maseno University 1,978,209,350 63.8 1,286 the Government of Kenya for the Year Ending 30 June 2017 Vol. I (Votes R1011-R1164) Nairobi: Government Printer Technical university of 1,420,500,000 26.8 1,185

The table demonstrates an almost linear relationship between financial allocations to institutions and their work force size i.e. the more the allocation, the more the number of employees. However, there is no significant relationship between the said allocations with the status of compliance.

Relationships, Causes and Compliance with NCI Act

Vice Chancellor/ Principal’s Ethnic Group and the Majority of Senior Staff

There is a strong correlation between the ethnic group of the Vice Chancellor/ Principal of institutions of higher learning and the majority ethnic group among senior staff. Out of the 31 institutions that were surveyed in 15 of them, the VC/Principal and the highest group among senior staff are from the same ethnic group as noted from the table below.

Vice Chancellor/ Principal’s Ethnic Group and the Majority of Members in the Entire Workforce

Similarly, the VC/Principal and the majority of members of staff share the ethnic identity. . 50% of the institutions of higher learning recorded a similar ethnic group for both their VC/Principal and the highest ethnic group in their entire workforce.

General Ethnic Representation vs Representation among Senior Members of Staff

There is negligible statistical difference between the ethnic representation in general university staffing and ethnic diversity among senior members of staff in these institutions. In fact, only four (4) out of 31 institutions recorded a difference in this regard. The table below illustrates that Garissa University, Maasai Mara University, Taita Taveta University and Embu University have the majority of the general staff from one ethnic group. It is further noted that the majority of the senior staff are drawn from another ethnic group.

34 Table 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

10 : Relationshipscomplianceand public among universitiesKenyain TaitaTaveta University MaasaiMara University Kenyatta University JKUAT Garissa University College EldoretUniversity of UniversityChuka College University South Eastern Kenya Moi University Karatina Universtiy University Maseno UniversityMachakos College KabiangaUniversity of MasindeUniversity Muliro Kimathi Dedan University University Meru Kisii University UniversityRongo College University Jaramogi Murang‘a Kibabii University Kirinyaga University College Name of University

University College

Oginga Odinga

Mijikenda Luhya Kikuyu Luhya Somali Luhya Meru Kamba Kalenjin Kikuyu Luo Kamba Kalenjin Luo Kikuyu Meru Kisii Luo Luo Kisii Teso Kikuyu Group Ethnic Principal’s VC/

Taita Maasai Kikuyu Kikuyu Somali Kalenjin Meru Kamba Kalenjin Kikuyu Luo Kamba Kalenjin Luhya Kikuyu Meru Kisii Luo Luo Kikuyu Luhya Kikuyu Entire Staff Group the in Ethnic Majority

Luo Kikuyu Kikuyu Kikuyu Luhya Kalenjin Meru Kamba Kalenjin Kikuyu Luo Kamba Kalenjin Luhya Kikuyu Meru Kisii Luo Luo Kikuyu Luhya Kikuyu Senior among Group Ethnic Majority

Staff

38 38.8 39.8 45.3 51.4 51.5 53.1 57.5 60.6 61.8 63.8 67.4 68.8 69.9 70.1 70.9 72.1 72.5 75.1 76.1 79 82.7 Community highest % of

Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Contravenes Compliance of Status

31 30 29 28 27 26 25 24 23 The Relationship between the Ethnic Group of Majority of Employees in Public

Universities and Dominant Community in the University Location

Multi Media University Kenya TechnicalUniversity of Egerton University of University College Co Mombasa TechnicalUniversity of UniversityPwani Embu University Laikipia University College

- The ethnicity of the majority of employees in public institutions largely tends to be the operative University University operative same ethnicity of the dominant group where the university is located. The Ethnic and

Diversity Audit of public universities carried out in 2012 revealed the same finding. The relationship is captured in the Table 11 below.

Nairobi

Table 11: The relationship between the majority ethnic group and the dominant ethnic

community in the location of the University

Majority Dominant Ethnic Group Name of University Group in around the the Entire University

Meru Meru Luo Luhya Kamba Luhya Swahili Meru Kamba Staff

1 Kirinyaga University College Kikuyu Kikuyu

2 Kibabii University Luhya Luhya

3 Murang‘a University College Kikuyu Kikuyu 4 Jaramogi Oginga Odinga University Luo Luo 5 Rongo University College Luo Luo Kikuyu Kikuyu Kikuyu Kikuyu Kikuyu Mijikenda Mijikenda Embu Kikuyu 6 Kisii University Kisii Kisii 7 Meru University Meru Meru

8 Dedan Kimathi University Kikuyu Kikuyu

9 Masinde Muliro University Luhya Luhya 10 University of Kabianga Kalenjin Kalenjin

Kikuyu Kikuyu Kikuyu Kikuyu Kikuyu Mijikenda Mijikenda Kikuyu Kikuyu 11 Machakos University College Kamba Kamba 12 Maseno University Luo Luo 13 Karatina Universtiy Kikuyu Kikuyu

14 Moi University Kalenjin Kalenjin

15 South Eastern Kenya University Kamba Kamba 16 Chuka University College Meru Meru 21.8 26.8 27.1 30.1 33.1 34.5 36.8 37.2 37.6 17 University of Eldoret Kalenjin Kalenjin

18 Garissa University College Somali Somali Jomo Kenyatta University of Science and 19 Kikuyu Kikuyu Technology (JKUAT) 20 Kenyatta University Kikuyu Kikuyu

Complied Complied Complied Complied Complied Contravenes Contravenes Contravenes Contravenes 21 Maasai Mara University Maasai Maasai 22 Taita Taveta University College Taita Taita 23 Laikipia University Kikuyu Kikuyu

24 Embu University Embu Embu 25 Pwani University Mijikenda Mijikenda

26 Technical University of Mombasa Mijikenda Mijikenda 27 Co-operative University College Kikuyu -

36 The Relationship between the Ethnic Group of Majority of Employees in Public Universities and Dominant Community in the University Location

The ethnicity of the majority of employees in public institutions largely tends to be the same ethnicity of the dominant group where the university is located. The Ethnic and Diversity Audit of public universities carried out in 2012 revealed the same finding. The relationship is captured in the Table 11 below.

Table 11: The relationship between the majority ethnic group and the dominant ethnic community in the location of the University Majority Dominant Ethnic Group Name of University Group in around the the Entire University Staff 1 Kirinyaga University College Kikuyu Kikuyu 2 Kibabii University Luhya Luhya 3 Murang‘a University College Kikuyu Kikuyu 4 Jaramogi Oginga Odinga University Luo Luo 5 Rongo University College Luo Luo 6 Kisii University Kisii Kisii 7 Meru University Meru Meru 8 Dedan Kimathi University Kikuyu Kikuyu 9 Masinde Muliro University Luhya Luhya 10 University of Kabianga Kalenjin Kalenjin 11 Machakos University College Kamba Kamba 12 Maseno University Luo Luo 13 Karatina Universtiy Kikuyu Kikuyu 14 Moi University Kalenjin Kalenjin 15 South Eastern Kenya University Kamba Kamba 16 Chuka University College Meru Meru 17 University of Eldoret Kalenjin Kalenjin 18 Garissa University College Somali Somali Jomo Kenyatta University of Science and 19 Kikuyu Kikuyu Technology (JKUAT) 20 Kenyatta University Kikuyu Kikuyu 21 Maasai Mara University Maasai Maasai 22 Taita Taveta University College Taita Taita 23 Laikipia University Kikuyu Kikuyu 24 Embu University Embu Embu 25 Pwani University Mijikenda Mijikenda 26 Technical University of Mombasa Mijikenda Mijikenda 27 Co-operative University College Kikuyu -

37 28 University of Nairobi Kikuyu 0 Table 13: VC/Principals’ ethnic groups (2012 vs 2016) 29 Egerton University Kikuyu Kikuyu VC/ Principal’s Observation Ethnic Group 30 Technical University of Kenya Kikuyu - Name of University 31 Multi Media University Kikuyu - 2012 2016 1 Kirinyaga University College - Kikuyu 2 Kibabii University - Teso 3 Murang‘a University College - Kisii Comparison of Ethnic affiliation of Vice Chancellors of Public Universities in the 4 Jaramogi Oginga Odinga University Luo Luo year 2012 and 2016 5 Rongo University College - Luo

6 Kisii University Kisii Kisii The study also looked at the ethnic identities of the Vice Chancellors and the 7 Meru University Meru Meru Principals. Six of the 31 VCs and Principals belong to the Luo ethnic group as 8 Dedan Kimathi University Kikuyu Kikuyu illustrated in the Table 12 thus representing 19.4% of the total number. 9 Masinde Muliro University Luhya Luo 10 University of Kabianga Kalenjin Kalenjin Table 12: Ethnic Representation of Vice Chancellors and Principals of Public 11 Machakos University College - Kamba Universities and Constituent Colleges 12 Maseno University Luo Luo Ethnic Group Frequency Percentage 13 Karatina Universtiy Kikuyu Kikuyu Luo 6 19.4 14 Moi University Kalenjin Kalenjin Kamba 4 12.9 15 South Eastern Kenya University Kamba Kamba Kikuyu 4 12.9 16 Chuka University College Meru Meru Luhya 4 12.9 17 University of Eldoret Kalenjin Luhya Meru 4 12.9 18 Garissa University College - Kalenjin 2 6.5 Jomo Kenyatta University of Luhya 19 Agriculture and Technology Luhya Kisii 2 6.5 (JKUAT) Mijikenda 2 6.5 20 Kenyatta University Kikuyu Kikuyu Somali 1 3.2 21 Maasai Mara University Maasai Luhya Swahili 1 3.2 22 Taita Taveta University College - Mijikenda Teso 1 3.2 23 Laikipia University Kamba Kamba 31 100.0 24 Embu University - Meru

25 Pwani University Swahili Swahili In 2012, most vice chancellors and principals belonged to the dominant ethnic group 26 Technical University of Mombasa Mijikenda Mijikenda within the location of the university/ college. One of the recommendations of the 2012 27 Co-operative University College - Luhya Ethnic and Diversity Audit of Public Universities and Constituent Colleges advocated 28 University of Nairobi Luo Kamba for the recruitment of university heads by the University Council from ethnic 29 Egerton University Kalenjin Luo communities that are not dominant in the location of the institution. The trend 30 Technical University of Kenya Luo Luo analyzed in the table 11 above indicates that the Ministry has adopted this 31 Multi Media University Luhya Meru recommendation and six (6) of the institutions have changed the ethnic group of their vice chancellor/ principal. These institutions are Multi Media University, Egerton University, University of Nairobi, Maasai Mara University, Masinde Muliro University and the University of Eldoret (shaded in Table 13 below)

38 Table 13: VC/Principals’ ethnic groups (2012 vs 2016) VC/ Principal’s Observation Name of University Ethnic Group 2012 2016 1 Kirinyaga University College - Kikuyu 2 Kibabii University - Teso 3 Murang‘a University College - Kisii 4 Jaramogi Oginga Odinga University Luo Luo 5 Rongo University College - Luo 6 Kisii University Kisii Kisii 7 Meru University Meru Meru 8 Dedan Kimathi University Kikuyu Kikuyu 9 Masinde Muliro University Luhya Luo 10 University of Kabianga Kalenjin Kalenjin 11 Machakos University College - Kamba 12 Maseno University Luo Luo 13 Karatina Universtiy Kikuyu Kikuyu 14 Moi University Kalenjin Kalenjin 15 South Eastern Kenya University Kamba Kamba 16 Chuka University College Meru Meru 17 University of Eldoret Kalenjin Luhya 18 Garissa University College - Jomo Kenyatta University of Luhya 19 Agriculture and Technology Luhya (JKUAT) 20 Kenyatta University Kikuyu Kikuyu 21 Maasai Mara University Maasai Luhya 22 Taita Taveta University College - Mijikenda 23 Laikipia University Kamba Kamba 24 Embu University - Meru 25 Pwani University Swahili Swahili 26 Technical University of Mombasa Mijikenda Mijikenda 27 Co-operative University College - Luhya 28 University of Nairobi Luo Kamba 29 Egerton University Kalenjin Luo 30 Technical University of Kenya Luo Luo 31 Multi Media University Luhya Meru

39 Gender Representation of Vice Chancellors and Principals of Universities Distribution of Members of the Council in all Public Universities

The Universities lack an equitable gender representation at the management level. This calls upon a review of the internal policies or practices towards encouraging Data of all members of the council from the 31 Universities and Constituent Colleges women in leadership. In reference to the data collected and analyzed for this study, was also analyzed to reveal the ethnic representation within the council. This included only five (5) ladies head five of the 31 studied institutions comprising only 16%. This is the chairperson of the council but not the secretary who is also the Vice Chancellor or far much below the required constitutional threshold of one third. Principal. It was noted that some institutions have not filled all the vacant posts of members of council. Nevertheless, it was observed that 14% of the members of the Table 14: Gender Representation among Vice Chancellors and Principals council are from the Kikuyu Community. Table 16: Ethnic Representation of Members of the Council Gender Number Percentage Male 26 84 Ethnic group Number Percentage Female 5 16 Kikuyu 25 14.3 Total 31 100 Kalenjin 24 13.7 Luo 20 11.4 Distribution of Chairs of Councils within the Universities and Colleges Luyha 17 9.7 Kamba 13 7.4 Somali 11 6.3 The study noted that the distribution of the opportunity of Chair of Council within Mijikenda 11 6.3 Universities and Colleges has given primacy to the Luhya and Luo ethnic groups who Meru 11 6.3 take up 13.3% of the positions and incorporates the minority Teso among others. The Taita 7 4 table below illustrates the ethnic diversity among Chairs of Council in the universities Kisii 6 3.4 and colleges. Embu 6 3.4 Maasai 5 2.9 Table 15: Ethnic Diversity among Chairs of Councils Teso 3 1.7 Swahili 3 1.7 Ethnic Group Frequency Percentage Mbeere 2 1.1 Luhya 4 13.3 Samburu 2 1.1 Luo 4 13.3 Asia 2 1.1 Somali 3 10.0 Borana 1 0.6 Kikuyu 3 10.0 Suba 1 0.6 Kisii 3 10.0 Borana 1 0.6 Mijikenda 2 6.7 Kuria 1 0.6 Meru 2 6.7 Gabbra 1 0.6 Taveta 1 0.6 Taita 2 6.7 Turkana 1 0.6 Kalenjin 1 3.3 TOTAL 100 Kamba 1 3.3 Maasai 1 3.3 Mbeere 1 3.3 Samburu 1 3.3

Swahili 1 3.3 Teso 1 3.3 30 100.0

40 Distribution of Members of the Council in all Public Universities

Data of all members of the council from the 31 Universities and Constituent Colleges was also analyzed to reveal the ethnic representation within the council. This included the chairperson of the council but not the secretary who is also the Vice Chancellor or Principal. It was noted that some institutions have not filled all the vacant posts of members of council. Nevertheless, it was observed that 14% of the members of the council are from the Kikuyu Community.

Table 16: Ethnic Representation of Members of the Council

Ethnic group Number Percentage Kikuyu 25 14.3 Kalenjin 24 13.7 Luo 20 11.4 Luyha 17 9.7 Kamba 13 7.4 Somali 11 6.3 Mijikenda 11 6.3 Meru 11 6.3 Taita 7 4 Kisii 6 3.4 Embu 6 3.4 Maasai 5 2.9 Teso 3 1.7 Swahili 3 1.7 Mbeere 2 1.1 Samburu 2 1.1 Asia 2 1.1 Borana 1 0.6 Suba 1 0.6 Borana 1 0.6 Kuria 1 0.6 Gabbra 1 0.6 Taveta 1 0.6 Turkana 1 0.6 TOTAL 100

41 5. Kamba 37 9.5 6. Meru 32 8.2 7. Kalenjin 31 7.9 : 8. Embu 18 4.6 9. Taita 8 2.1 10. Kuria 3 0.8 11. Maasai 3 0.8 INSTITUTIONS THAT COMPLY WITH THE NCI ACT, 2012 12. Mijikenda 2 0.5 13. Teso 2 0.5 This section highlights the institutions of higher learning that have complied with 14. Other Kenyan 2 0.5 Section 7(2) of the NCI Act which provides that a public establishment shall not recruit more than one third of its employees from one ethnic group. Total 390 100

Six (6) of the public Universities studied have complied with the provision. They The study also analyzed the distribution of senior staff within multimedia University. include: It reveals that 29.5% of the senior members of staff belong to the Kikuyu community. 1. Multimedia University of Kenya The Table below indicates that the University has eleven ethnic groups within its 2. Technical University of Kenya senior staff composition. Given that Kenyan communities are more than forty-two, 3. Egerton University MMU should adopt an inclusive policy for enhanced ethnic diversity among its faculty 4. University of Nairobi members. This will ensure that the more than forty-two Kenyan communities are all 5. The Cooperative University College of Kenya represented within the ranks of senior staff. 6. Moi University Table 18: Ethnic Distribution of Multimedia Senior Staff Multimedia University of Kenya Ethnic Group Number Percentage 1. Multimedia University was founded in 1948. The institution was founded as a Central Kikuyu 31 29.5 Training School (CTS) to serve as East African Post-Training School. It later changed to 2. Luo 21 20.0 Kenya Posts and Telecommunications Corporation (KPTC). In 2008, it was upgraded to 3. Luhya 14 13.3 Multimedia University College of Kenya as a constituent college of Jomo Kenyatta 4. Kamba 9 8.6 University of Agriculture and Technology. 5. Kisii 8 7.6 The university has 390 members of staff as per the data shared on 7th January 2016. 6. Kalenjin 7 6.7 7. Meru 6 5.7 The Vice Chancellor Prof. Kaberia Festus M‘Mucheke is a Meru. MMU does not only 8. Embu 4 3.8 comply with the NCI Act but also records the least percentage (21.8%) of the majority 9. group. This implies that it has space to accommodate more people from minority Taita 3 2.9 communities. It has recruited staff from communities traditionally referred to as 10. Teso 1 1.0 minorities such as the Teso and the Kuria. Table 17 below shows the ethnic 11. Other Kenyan 1 1.0 distribution among the MMU general staff. Total 105 100

Table 17: Ethnic Distribution of Multimedia University General Staff

Technical University of Kenya (TUK) Ethnic Group Number Percentage 1. Kikuyu 85 21.8 The Technical University of Kenya grew out of the Kenya Polytechnic which was 2. Luo 68 17.4 founded in 1961. The founding of the Kenya Polytechnic is intricately connected to the 3. Luhya 61 15.6 University of Nairobi. 4. Kisii 38 9.7

42 5. Kamba 37 9.5 6. Meru 32 8.2 7. Kalenjin 31 7.9 8. Embu 18 4.6 9. Taita 8 2.1 10. Kuria 3 0.8 11. Maasai 3 0.8 12. Mijikenda 2 0.5 13. Teso 2 0.5 14. Other Kenyan 2 0.5 Total 390 100

The study also analyzed the distribution of senior staff within multimedia University. It reveals that 29.5% of the senior members of staff belong to the Kikuyu community. The Table below indicates that the University has eleven ethnic groups within its senior staff composition. Given that Kenyan communities are more than forty-two, MMU should adopt an inclusive policy for enhanced ethnic diversity among its faculty members. This will ensure that the more than forty-two Kenyan communities are all represented within the ranks of senior staff.

Table 18: Ethnic Distribution of Multimedia Senior Staff

Ethnic Group Number Percentage 1. Kikuyu 31 29.5 2. Luo 21 20.0 3. Luhya 14 13.3 4. Kamba 9 8.6 5. Kisii 8 7.6 6. Kalenjin 7 6.7 7. Meru 6 5.7 8. Embu 4 3.8 9. Taita 3 2.9 10. Teso 1 1.0 11. Other Kenyan 1 1.0 Total 105 100

Technical University of Kenya (TUK)

The Technical University of Kenya grew out of the Kenya Polytechnic which was founded in 1961. The founding of the Kenya Polytechnic is intricately connected to the University of Nairobi.

43 The University has 1,185 members of staff as per the data shared on 24th November Table 20: Ethnic Audit of TUK Senior Staff 2015. Ethnic Group Number Percentage 1. Kikuyu 126 28.1 The Vice Chancellor Prof. Dr. Eng. Aduol is from the Luo community. The Technical 2. Luo 113 25.2 University of Kenya also complies with the provisions of Section 7(2) of the NCI Act. 3. Luhya 60 13.4 4. Kamba 41 9.2 5. Kisii 40 8.9 Table 19: Ethnic distribution of TUK General Staff 6. Meru 28 6.3 Ethnicity Number Percentage 7. Kalenjin 16 3.6 1. Kikuyu 318 26.8 8. Embu 4 0.9 2. Luo 293 24.7 9. Maasai 4 0.9 3. Luhya 179 15.1 10. Mjikenda 3 0.7 4. Kamba 128 10.8 11. Teso 2 0.4 5. Kisii 85 7.2 12. Suba 2 0.4 6. Kalenjin 57 4.8 13. Foreigner 2 0.4 7. Meru 51 4.3 14. Taita 1 0.2 8. Borana 13 1.1 15. Samburu 1 0.2 9. Embu 13 1.1 16. Kuria 1 0.2 10. Maasai 11 0.9 17. Indian 1 0.2 11. Mjikenda 10 0.8 18. Kenyan Indian 1 0.2 12. Taita 7 0.6 19. Mbeere 1 0.2 13. Teso 5 0.4 20. Swahili 1 0.2 14. Samburu 3 0.3 Total 448 100 15. Suba 2 0.2

16. Kuria 2 0.2 Egerton University 17. Tharaka 2 0.2

18. Foreigner 1 0.1 Egerton University is the oldest institution of higher learning in Kenya. The University 19. Indian 1 0.1 was initially founded as a Farm School in 1939 by Lord Maurice Egerton of Tatton, a 20. Kenyan Indian 1 0.1 British national who settled in Kenya in the 1920s. In 1950, the School was upgraded 21. Kenyan Somali 1 0.1 to an Agricultural College offering diploma programmes. The Egerton Agricultural College Ordinance was enacted in 1955. Much later in 1979, the Government of Kenya 22. Mbeere 1 0.1 and the United States Agency for International Development (USAID) funded a major 23. Swahili 1 0.1 expansion of the institution. In 1986, Egerton Agricultural College was gazetted as a Total 1185 100 constituent college of the University of Nairobi. The following year, 1987, marked the establishment of Egerton University through an Act of Parliament TUK has a relatively diverse senior staff, with twenty (20) ethnic groups represented in (http://www.egerton.ac.ke/). this category. Nevertheless, 28.1% of the senior staff belong to the Kikuyu community while 25.2% belong to the Luo community. It is likely that the bigger ethnic An ethnic audit of the University revealed that the University has 2044 members of communities dominate the employment positions at the Technical University of Kenya. staff. Egerton University has also complied with the provisions of section 7(2) of the Table 20 below summarizes the ethnic audit of the senior staff at TUK. NCI Act which requires that not more than one third of a public institution‘s employees should belong to one ethnic group. It was noted that the Kikuyu community comprises 27.1% of the Egerton University‘s general staff. -

44 Table 20: Ethnic Audit of TUK Senior Staff Ethnic Group Number Percentage 1. Kikuyu 126 28.1 2. Luo 113 25.2 3. Luhya 60 13.4 4. Kamba 41 9.2 5. Kisii 40 8.9 6. Meru 28 6.3 7. Kalenjin 16 3.6 8. Embu 4 0.9 9. Maasai 4 0.9 10. Mjikenda 3 0.7 11. Teso 2 0.4 12. Suba 2 0.4 13. Foreigner 2 0.4 14. Taita 1 0.2 15. Samburu 1 0.2 16. Kuria 1 0.2 17. Indian 1 0.2 18. Kenyan Indian 1 0.2 19. Mbeere 1 0.2 20. Swahili 1 0.2 Total 448 100

Egerton University

Egerton University is the oldest institution of higher learning in Kenya. The University was initially founded as a Farm School in 1939 by Lord Maurice Egerton of Tatton, a British national who settled in Kenya in the 1920s. In 1950, the School was upgraded to an Agricultural College offering diploma programmes. The Egerton Agricultural College Ordinance was enacted in 1955. Much later in 1979, the Government of Kenya and the United States Agency for International Development (USAID) funded a major expansion of the institution. In 1986, Egerton Agricultural College was gazetted as a constituent college of the University of Nairobi. The following year, 1987, marked the establishment of Egerton University through an Act of Parliament (http://www.egerton.ac.ke/).

An ethnic audit of the University revealed that the University has 2044 members of staff. Egerton University has also complied with the provisions of section 7(2) of the NCI Act which requires that not more than one third of a public institution‘s employees should belong to one ethnic group. It was noted that the Kikuyu community comprises 27.1% of the Egerton University‘s general staff. -

45 Table 21: Ethnic distribution of Egerton university general staff 11. Chinese 3 0.5 12. African 3 0.5 No. Ethnicity Number Percentage 13. Swahili 2 0.3 1. Kikuyu 554 27.1 14. Taita 2 0.3 2. Kalenjin 508 24.9 15. Kenyan 3. Luhya 297 14.5 Asian 1 0.2 4. Luo 287 14.0 Total 590 100.0 5. Kisii 168 8.2 6. Kamba 104 5.1 The University Of Nairobi 7. Meru 34 1.7 8. Mijikenda 30 1.5 The history of the University of Nairobi goes back to 1956. It became an independent 9. Somali 21 1.0 University in 1970 when the University of East Africa was split into three different 10. Maasai 17 0.8 Universities: Makerere University in Uganda, the University of Dar-es-Salaam in Tanzania, and the University of Nairobi in Kenya. 11. Teso 6 0.3

12. Taita 4 0.2 An audit of the employee data provided by the University indicates that the University 13. Chinese 3 0.2 of Nairobi has 5,795 members of staff. The Vice Chancellor Prof Peter Mbithi is from 14. Turkana 3 0.2 the Kamba community. 15. Borana 2 0.1 The University complies with section 7(2) of the NCI Act as it has 30.1% members of 16. Swahili 2 0.1 staff from the Kikuyu community forming its majority group. Nevertheless, there is a 17. Asian 1 0.05 huge gap between the first community i.e. the Kikuyu which has the highest 18. Tanzanian 1 0.05 representation (30.1%) and the second group i.e. the Luo who form 17.6% of the 19. Ugandan 1 0.05 workforce. In spite of this, the University of Nairobi has included 42 ethnic groups of 20. Russian 1 0.05 Kenya in its employment. The data however did not identify the ethnic group of about 150 employees. They were simply labeled as ‗other Kenyans‘. Total 2044 100.0

Table 23: Ethnic distribution of the University of Nairobi general staff The ethnic composition of senior staff at Egerton reveals that the University adheres to the legal provisions on representation of diversity. It is further noted that the Kikuyu Ethnicity Number Percentage ethnic group has the highest representation (25.9%) among the University‘s senior 1. Kikuyu 1744 30.1 staff as shown in Table 22 below. 2. Luo 1019 17.6

Table 22: Ethnic Distribution of Egerton University Senior Staff 3. Luhya 834 14.4 4. Kamba 649 11.2 No. Ethnicity Number Percentage 5. Kisii 460 7.9 1. Kikuyu 153 25.9 6. Kalenjin 270 4.7 2. Kalenjin 115 19.5 7. Meru 232 4.0 3. Luo 92 15.6 Other 8. 150 2.6 4. Luhya 85 14.4 Kenyans 5. Kisii 59 10.0 9. Embu 104 1.8 6. Kamba 33 5.6 10. Taita 79 1.4 7. Mijikenda 17 2.9 11. Mijikenda 58 1.0 8. Meru 13 2.2 12. Asian 26 0.4 9. Maasai 6 1.0 13. Maasai 26 0.4 10. Somali 6 1.0 14. Mbeere 26 0.4

46 11. Chinese 3 0.5 12. African 3 0.5 13. Swahili 2 0.3 14. Taita 2 0.3 15. Kenyan Asian 1 0.2 Total 590 100.0

The University Of Nairobi

The history of the University of Nairobi goes back to 1956. It became an independent University in 1970 when the University of East Africa was split into three different Universities: Makerere University in Uganda, the University of Dar-es-Salaam in Tanzania, and the University of Nairobi in Kenya.

An audit of the employee data provided by the University indicates that the University of Nairobi has 5,795 members of staff. The Vice Chancellor Prof Peter Mbithi is from the Kamba community.

The University complies with section 7(2) of the NCI Act as it has 30.1% members of staff from the Kikuyu community forming its majority group. Nevertheless, there is a huge gap between the first community i.e. the Kikuyu which has the highest representation (30.1%) and the second group i.e. the Luo who form 17.6% of the workforce. In spite of this, the University of Nairobi has included 42 ethnic groups of Kenya in its employment. The data however did not identify the ethnic group of about 150 employees. They were simply labeled as ‗other Kenyans‘.

Table 23: Ethnic distribution of the University of Nairobi general staff Ethnicity Number Percentage 1. Kikuyu 1744 30.1 2. Luo 1019 17.6 3. Luhya 834 14.4 4. Kamba 649 11.2 5. Kisii 460 7.9 6. Kalenjin 270 4.7 7. Meru 232 4.0 Other 8. 150 2.6 Kenyans 9. Embu 104 1.8 10. Taita 79 1.4 11. Mijikenda 58 1.0 12. Asian 26 0.4 13. Maasai 26 0.4 14. Mbeere 26 0.4

47 15. Somali 24 0.4 17 Maasai 7 0.4 16. Teso 22 0.38 18 Mbeere 6 0.3 17. Suba 20 0.35 19 American 5 0.3 18. Swahili 16 0.28 19. Samburu 7 0.12 20 Teso 5 0.3 20. Borana 6 0.10 21 Chinese 4 0.2 21. Kuria 5 0.09 22 Asian 7 0.4 22. Arab 4 0.07 23 Arab 2 0.1 23. Taveta 4 0.07 24 European 3 0.2 24. Rendille 2 0.03 25. Tharaka 2 0.03 25 Tharaka 2 0.1 26. Turkana 2 0.03 26 Chuka 1 0.1 27. Chuka 1 0.02 27 Kuria 1 0.1 28. Ilchamus 1 0.02 28 Nubi 1 0.1 29. Njemps 1 0.02 29 Taveta 1 0.1 30. Nubian 1 0.02 30 Turkana 1 0.1 Total 5,795 100 Total 1735 100.0 Ethnic representation among the University‘s senior staff also followed the trend of the general composition of staff. The majority of the senior staff who form 27.7% are The Co-operative University College of Kenya drawn from the Kikuyu community. It is positively noted that the UoN has included minority communities such as the Turkana, Nubi and Kenyan Asian in its senior The Co-operative University College of Kenya (CUCK) is a leading centre for quality co- staffing portfolio. operative education, training, research and consultancy in Kenya. It started as a Constituent College of Jomo Kenyatta University of Agriculture and Technology Table 24: UoN Senior staff distribution by Ethnic Representation (JKUAT). Initially, the College was a Semi-Autonomous Government agency (SAGA) under the Ministry of Co-operative Development and Marketing. No. Ethnicity Number Percentage 1 Kikuyu 481 27.7 The University College has 272 staff members.

2 Luo 399 23.0 The Principal, Prof. Douglas Shitanda, is from the Luhya community. 3 Luhya 234 13.5 4 Kamba 154 8.9 Cooperative University complies with the NCI Act. The composition of the general staff indicates that the Kikuyu ethnic group comprises of the largest percentage of the work 5 Kisii 126 7.3 force at 33.1% as shown in Table 25 below. 6 Kalenjin 64 3.7 7 Meru 64 3.7 Table 25: Ethnic Distribution of Cooperative University College General Staff 8 Embu 27 1.6 Ethnic Group Number Percentage 9 Kenyan Asian 38 2.2 1 Kikuyu 90 33.1 10 Mijikenda 17 1.0 2 Luhya 46 16.9 11 Taita 16 0.9 3 Kisii 30 11.0 12 Other Kenyans 15 0.9 4 Luo 27 9.9 13 Somali 13 0.7 5 Kamba 19 7.0 14 Swahili 12 0.7 6 Meru 16 5.9 15 Suba 8 0.5 7 Kalenjin 16 5.9 16 African 21 1.2

48 17 Maasai 7 0.4 18 Mbeere 6 0.3 19 American 5 0.3 20 Teso 5 0.3 21 Chinese 4 0.2 22 Asian 7 0.4 23 Arab 2 0.1 24 European 3 0.2 25 Tharaka 2 0.1 26 Chuka 1 0.1 27 Kuria 1 0.1 28 Nubi 1 0.1 29 Taveta 1 0.1 30 Turkana 1 0.1 Total 1735 100.0

The Co-operative University College of Kenya

The Co-operative University College of Kenya (CUCK) is a leading centre for quality cooperative education, training, research and consultancy in Kenya. It started as a Constituent College of Jomo Kenyatta University of Agriculture and Technology (JKUAT). Initially, the College was a Semi-Autonomous Government agency (SAGA) under the Ministry of Co-operative Development and Marketing.

The University College has 272 staff members.

The Principal, Prof. Douglas Shitanda, is from the Luhya community.

Cooperative University complies with the NCI Act. The composition of the general staff indicates that the Kikuyu ethnic group comprises of the largest percentage of the work force at 33.1% as shown in Table 25 below.

Table 25: Ethnic Distribution of Cooperative University College General Staff

Ethnic Group Number Percentage 1 Kikuyu 90 33.1 2 Luhya 46 16.9 3 Kisii 30 11.0 4 Luo 27 9.9 5 Kamba 19 7.0 6 Meru 16 5.9 7 Kalenjin 16 5.9

49 8 Embu 15 5.5 Kirinyaga University College has 226 members of staff. It contravenes the NCI Act 9 Mijikenda 8 2.9 since most of the staff in the workforce employees (82.7%) belong to the Kikuyu community. Table 27 summarizes the ethnic distribution of Kirinyaga University 10 Taita 4 1.5 College. 11 Maasai 1 0.4 Total 272 100 Table 27: Kirinyaga University College general staff ethnic distribution

However, representation of the senior staff contravenes the NCI Act. The Kikuyu ethnic No. Ethnicity Number Percentage group is the largest with 36.2% of the work force, thus exceeding the threshold by 1. Kikuyu 187 82.7 2.9%. 2. Embu 13 5.8 Table 26: Cooperative University College Ethnic Representation of Senior Staff 3. Kamba 6 2.7 4. Luo 6 2.7 Ethnic Group Number Percentage 5. Meru 5 2.2 1 Kikuyu 21 36.2 6. Luhya 5 2.2 2 Luhya 10 17.2 7. Kalenjin 2 0.9 3 Luo 7 12.1 8. Taita 1 0.4 4 Meru 4 6.9 9. Tharaka 1 0.4 5 Kalenjin 4 6.9 Total 226 100.0 6 Kisii 4 6.9 7 Kamba 3 5.2 Similarly, the study shows that the Kikuyu community forms the largest ethnic 8 Embu 3 5.2 composition of senior staff at Kirinyaga University College. The distribution is thus 9 Taita 1 1.7 skewed towards the Kikuyu community who constitute 80.6%. 10 Mijikenda 1 1.7 Total 58 100 Table 28: Kirinyaga University College senior staff ethnic distribution

No. Ethnicity Number Percentage 1. Kikuyu 50 80.6 PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT CONTRAVENE THE NCI 2. Kamba 4 6.5 ACT 3. Embu 3 4.8 This section mentions the public institutions of higher learning that flout the 4. Luhya 2 3.2 provisions of section 7 (2) of the NCI Act. 5. Luo 2 3.2

6. Meru 1 1.6

Kirinyaga University College Total 62 100.0

Kirinyaga University College was established by the Kenya Government through the Kibabii University Kirinyaga University College Order, Legal Notice No. 108 of September 2011 as a The establishment of Kibabii University College (KIBUCO) traces its origins of Kibabii constituent college of Jomo Kenyatta University of Agriculture and Technology. The Teachers‘ Training College which is the precursor to Kibabii University College. The successor to the Kirinyaga Technical Institute (KTI), the University College aims at Kenya gazette notice of 12th August 2011 established Kibabii University College as a becoming a world class university of science and technology specializing in industry constituent college of Masinde Muliro University of Science and Technology via Legal oriented innovation and entrepreneurship in engineering, science, ICT and other forms Notice No.115 of August 2011. of technology.

50 Kirinyaga University College has 226 members of staff. It contravenes the NCI Act since most of the staff in the workforce employees (82.7%) belong to the Kikuyu community. Table 27 summarizes the ethnic distribution of Kirinyaga University College.

Table 27: Kirinyaga University College general staff ethnic distribution

No. Ethnicity Number Percentage 1. Kikuyu 187 82.7 2. Embu 13 5.8 3. Kamba 6 2.7 4. Luo 6 2.7 5. Meru 5 2.2 6. Luhya 5 2.2 7. Kalenjin 2 0.9 8. Taita 1 0.4 9. Tharaka 1 0.4 Total 226 100.0

Similarly, the study shows that the Kikuyu community forms the largest ethnic composition of senior staff at Kirinyaga University College. The distribution is thus skewed towards the Kikuyu community who constitute 80.6%.

Table 28: Kirinyaga University College senior staff ethnic distribution

No. Ethnicity Number Percentage 1. Kikuyu 50 80.6 2. Kamba 4 6.5 3. Embu 3 4.8 4. Luhya 2 3.2 5. Luo 2 3.2 6. Meru 1 1.6 Total 62 100.0

Kibabii University The establishment of Kibabii University College (KIBUCO) traces its origins of Kibabii Teachers‘ Training College which is the precursor to Kibabii University College. The Kenya gazette notice of 12th August 2011 established Kibabii University College as a constituent college of Masinde Muliro University of Science and Technology via Legal Notice No.115 of August 2011.

51 The University has 309 general staff and the Vice Chancellor is Prof. Odeo Isaac Ipara who is from the Teso ethnic group. Murang’a University College From the study, Kibabii University contravenes the provision of the NCI Act on ethnic inclusion in employment. The majority of the Kibabii University Workforce is from the Murang‘a University College (MRUC) was established in September 2011 vide Murang‘a University College order legal notice No. 129 of September 2011, as a Luhya ethnic group whose composition is 79.0% of the entire establishment. Constituent College of Jomo Kenyatta University of Agriculture and Technology. MRUC Table 29: Kibabii University general staff ethnic distribution is the successor of Murang‘a College of Technology.

The University has a workforce 259 staff members with the Kikuyu community taking Ethnicity Number Percentage up the highest percentage (76.1%) of ethnic representation. This composition clearly 1. Luhya 244 79.0 contravenes the NCI Act as Table 31 shows. 2. Kalenjin 20 6.5 3. Luo 13 4.2 The trend is replicated in regard to the extent of ethnic diversity among the senior staff with the Kikuyu community constituting 60% (Table 32). 4. Teso 9 2.9

5. Kisii 9 2.9 Table 31: Ethnic distribution of MRUC General Staff 6. Kikuyu 5 1.6 7. Kamba 4 1.3 Ethnicity Number Percentage 1 8. Meru 2 0.6 Kikuyu 197 76.1 2 9. Embu 1 0.3 Luhya 23 8.9 3 10. Mijikenda 1 0.3 Luo 9 3.5 4 Kalenjin 6 2.3 11. Turkana 1 0.3 5 Kamba 6 2.3 Total 309 100.0 6 Kisii 6 2.3 7 Meru 6 2.3 The ethnic representation of senior staff at Kibabii University follows the same trend 8 Embu 2 0.8 as its general workforce composition. The Luhya form majority part with 71.3%. 9 Teso 2 0.8 10 Boran 1 0.4 Table 30: Ethnic distribution of Kibabii University Senior staff 11 Turkana 1 0.4 Ethnicity Number Percentage Total 259 100

1. Luhya 62 71.3

2. Kalenjin 7 8.0 Table 32: Ethnic Composition of MRUC Senior Staff 3. Luo 7 8.0 4. Kisii 4 4.6 Ethnic Group Number Percentage 5. Teso 3 3.4 1 Kikuyu 27 60.0 6. Kikuyu 2 2.3 2 Luhya 5 11.1 7. Mijikenda 1 1.1 3 Kisii 3 6.7 8. Meru 1 1.1 4 Meru 3 6.6 Total 87 100.0 5 Kalenjin 3 6.6 6 Luo 2 4.5 7 Kamba 1 2.2 9 Turkana 1 2.2 Total 45 100

Murang’a University College

Murang‘a University College (MRUC) was established in September 2011 vide Murang‘a University College order legal notice No. 129 of September 2011, as a Constituent College of Jomo Kenyatta University of Agriculture and Technology. MRUC is the successor of Murang‘a College of Technology.

The University has a workforce 259 staff members with the Kikuyu community taking up the highest percentage (76.1%) of ethnic representation. This composition clearly contravenes the NCI Act as Table 31 shows.

The trend is replicated in regard to the extent of ethnic diversity among the senior staff with the Kikuyu community constituting 60% (Table 32).

Table 31: Ethnic distribution of MRUC General Staff

Ethnicity Number Percentage 1 Kikuyu 197 76.1 2 Luhya 23 8.9 3 Luo 9 3.5 4 Kalenjin 6 2.3 5 Kamba 6 2.3 6 Kisii 6 2.3 7 Meru 6 2.3 8 Embu 2 0.8 9 Teso 2 0.8 10 Boran 1 0.4 11 Turkana 1 0.4 Total 259 100

Table 32: Ethnic Composition of MRUC Senior Staff

Ethnic Group Number Percentage 1 Kikuyu 27 60.0 2 Luhya 5 11.1 3 Kisii 3 6.7 4 Meru 3 6.6 5 Kalenjin 3 6.6 6 Luo 2 4.5 7 Kamba 1 2.2 9 Turkana 1 2.2 Total 45 100

53 Jaramogi Oginga Odinga University of Science and Technology (JOOUST) 8. Kuria 1 1 9. Teso 1 1 JOOUST, originally Bondo University College (BUC), was established by the 10. Turkana 1 1 Government of Kenya as a Constituent College of Maseno University through a Legal Order No. 56 of 11th May 2009. Total 116 100

The University has 382 general staff. The Vice chancellor is Prof. Stephen Gaya Agong Rongo University who is from the Luo ethnic group. Rongo University College was established through Legal Notice NO.70, Kenya Gazette The study reveals that JOOUST has contravened the NCI Act with the Luo being the Supplement NO.51, on 17th June 2011 as a Constituent College of Moi University. It dominant ethnic group constituting 75.1% of the general workforce which is higher occupies the grounds of what was formerly Moi Institute of Technology, (MIT), which than the 33.3% stipulated by the Act. began in 1981 as a technical training college for Certificate, Diploma and Higher National Diploma programmes. Table 33: JOOUST general staff ethnic distribution Rongo University College has 448 general staff and the Principal is Prof. Samuel Gudu No. Ethnicity Number Percentage who is from the Luo ethnic group. 1. Luo 287 75.1 Rongo University has contravened the NCI Act. The dominant ethnic group which is 2. Luhya 43 11.3 Luo, takes up 72.5% of the general staff workforce as shown in Table 35. 3. Kisii 18 4.7 4. Kalenjin 9 2.4 Table 35: Ethnic distribution Rongo University College general staff 5. Kikuyu 8 2.1 Ethnicity Number Percentage 6. Kamba 5 1.3 1. Luo 325 72.5 7. Meru 3 0.8 2. Kisii 42 9.4 8. Teso 3 0.8 3. Kalenjin 31 6.9 9. Kuria 2 0.5 4. Luhya 23 5.1 10. Taita 2 0.5 5. Suba 19 4.2 11. Kenyan Asian 1 0.3 6. Kuria 3 0.7 12. Turkana 1 0.3 7. Kamba 2 0.4 Total 382 100.0 8. Embu 1 0.2

9. Kikuyu 1 0.2 The ethnic distribution of senior staff at JOOUST also reveals that the Luo form the 10. Meru 1 0.2 highest percentage (77%). This distribution is shown in Table 34 below. Total 448 100

Table 34: Ethnic distribution of JOOUST senior staff The senior staff encompasses of Luo as the majority at 57.8% of the workforce. The data is given in Table 36 below. No. Ethnicity Number Percentage

1. Luo 89 77 Table 36: Ethnic distribution of senior staff at Rongo University College 2. Luhya 10 9

3. Kisii 8 7 Ethnicity Number Percentage 1. 4. Kalenjin 2 2 Luo 37 57.8 2. 5. Kikuyu 2 2 Kisii 12 18.8 3. 6. Kamba 1 1 Luhya 6 9.4 4. 7. Kenyan Asian 1 1 Suba 3 4.7

54 8. Kuria 1 1 9. Teso 1 1 10. Turkana 1 1 Total 116 100

Rongo University

Rongo University College was established through Legal Notice NO.70, Kenya Gazette Supplement NO.51, on 17th June 2011 as a Constituent College of Moi University. It occupies the grounds of what was formerly Moi Institute of Technology, (MIT), which began in 1981 as a technical training college for Certificate, Diploma and Higher National Diploma programmes.

Rongo University College has 448 general staff and the Principal is Prof. Samuel Gudu who is from the Luo ethnic group.

Rongo University has contravened the NCI Act. The dominant ethnic group which is Luo, takes up 72.5% of the general staff workforce as shown in Table 35.

Table 35: Ethnic distribution Rongo University College general staff

Ethnicity Number Percentage 1. Luo 325 72.5 2. Kisii 42 9.4 3. Kalenjin 31 6.9 4. Luhya 23 5.1 5. Suba 19 4.2 6. Kuria 3 0.7 7. Kamba 2 0.4 8. Embu 1 0.2 9. Kikuyu 1 0.2 10. Meru 1 0.2 Total 448 100

The senior staff encompasses of Luo as the majority at 57.8% of the workforce. The data is given in Table 36 below.

Table 36: Ethnic distribution of senior staff at Rongo University College

Ethnicity Number Percentage 1. Luo 37 57.8 2. Kisii 12 18.8 3. Luhya 6 9.4 4. Suba 3 4.7

55 5. Kalenjin 2 3.1 5. Kikuyu 10 4.5 6. Kamba 1 1.6 6. Kamba 8 3.6 7. Kikuyu 1 1.6 7. Meru 1 0.5 8. Kuria 1 1.6 8. Taita 1 0.5 9. Meru 1 1.6 Total 221 100.0 Total 64 100

Kisii University Meru University of Science and Technology Kisii University was awarded a Charter to become the 13th public university in Kenya on 6th February 2013 from its status as a constituent college of Egerton University. It The elders (Njuri Ncheke) initiated the process of establishing an institution in the mid was initially founded in 1965 as a Primary Teachers‘ Training College on a 61-acre 1960‘s and the idea was floated to the government. In 2008, the Government of Kenya piece of land that was donated by the County Council of Gusii. On 23rd August 2007, converted Meru College of Technology (MECOTECH) into a University College and Kisii University College was established through a Government Legal Notice No.163 of named it the Meru University College of Science and Technology (MUCST)through 2007 as a Constituent College of Egerton University. Legal Notice No. 103 of 18th July 2008 as a constituent college of Jomo Kenyatta University of Agriculture and Technology. Kisii University is among the universities that contravene the NCI Act as the majority ethnic group, the Kisii, comprise of 72.1% of its entire staff workforce. Table 37 below Meru University College has a total of 315 members of staff. shows the ethnic distribution at Kisii University. The Vice Chancellor Prof. Japhet Kithinji Magambo is Meru ethnic group. Table 37: Ethnic distribution of Kisii University general staff Table 39: Meru University general staff general distribution Ethnicity Number Percentage

1. Kisii 745 72.1 Ethnicity Number Percentage 1. 2. Kalenjin 77 7.5 Meru 224 70.9 2. 3. Luo 74 7.2 Kikuyu 30 9.5 3. 4. Luhya 52 5.0 Luhya 14 4.4 4. 5. Kikuyu 47 4.5 Embu 9 2.8 5. 6. Kamba 23 2.2 Kamba 8 2.5 6. 7. Kuria 8 0.8 Kalenjin 7 2.2 7. 8. Taita 3 0.3 Kisii 6 1.9 8. 9. Maasai 2 0.2 Luo 6 1.9 9. 10. Meru 2 0.2 Borana 4 1.3 10. Total 1033 100 Mbeere 3 0.9 11. Mijikenda 1 0.3 In addition, 57.9% of senior staff at Kisii University is composed of employees from the 12. Maasai 1 0.3 Kisii community as Table 38 below shows. 13. African 1 0.3

14. Table 38: Ethnic distribution of Kisii university teaching staff Taita 1 0.3 15. Teso 1 0.3 Ethnicity Number Percentage Total 316 100 1. Kisii 128 57.9 2. Luhya 27 12.2 As shown in Table 39 above, the Meru ethnic group constitutes 70.9% of the general 3. workforce at Meru University. This contravenes the NCI Act. Kalenjin 25 11.4 4. Luo 21 9.5

56 5. Kikuyu 10 4.5 6. Kamba 8 3.6 7. Meru 1 0.5 8. Taita 1 0.5 Total 221 100.0

Meru University of Science and Technology

The elders (Njuri Ncheke) initiated the process of establishing an institution in the mid 1960‘s and the idea was floated to the government. In 2008, the Government of Kenya converted Meru College of Technology (MECOTECH) into a University College and named it the Meru University College of Science and Technology (MUCST)through Legal Notice No. 103 of 18th July 2008 as a constituent college of Jomo Kenyatta University of Agriculture and Technology.

Meru University College has a total of 315 members of staff.

The Vice Chancellor Prof. Japhet Kithinji Magambo is Meru ethnic group.

Table 39: Meru University general staff general distribution

Ethnicity Number Percentage 1. Meru 224 70.9 2. Kikuyu 30 9.5 3. Luhya 14 4.4 4. Embu 9 2.8 5. Kamba 8 2.5 6. Kalenjin 7 2.2 7. Kisii 6 1.9 8. Luo 6 1.9 9. Borana 4 1.3 10. Mbeere 3 0.9 11. Mijikenda 1 0.3 12. Maasai 1 0.3 13. African 1 0.3 14. Taita 1 0.3 15. Teso 1 0.3 Total 316 100

As shown in Table 39 above, the Meru ethnic group constitutes 70.9% of the general workforce at Meru University. This contravenes the NCI Act.

57 The ethnic composition of senior staff at Meru University is lower than its composition Table 41: Ethnic distribution of DKUT general staff of the general workforce. The Meru form 53.3% of its employees in this cadre as Table 40 below shows. Ethnicity Number Percentage 1. Kikuyu 330 70.1 Table 40: Ethnic distribution of senior staff at Meru University 2. Meru 28 5.9 3. Kisii 23 4.9 Ethnicity Number Percentage 4. Luhya 20 4.2 1. Meru 48 53.3 5. Kamba 19 4.0 2. Kikuyu 17 18.9 6. Kalenjin 17 3.6 3. Kamba 4 4.4 7. Luo 12 2.5 4. Borana 3 3.3 8. Embu 5 1.2 5. Kalenjin 3 3.3 9. Samburu 4 0.9 6. Kisii 3 3.3 10. African 4 0.9 7. Luhya 3 3.3 11. Asian 1 0.2 8. Luo 3 3.3 12. Kenyan Arab 1 0.2 9. Embu 2 2.2 13. American 1 0.2 10. Mijikenda 1 1.1 14. Kuria 1 0.2 11. Mbeere 1 1.1 15. Borana 1 0.2 12. Taita 1 1.1 16. Kenyan Asian 1 0.2 13. Teso 1 1.1 17. Oromo 1 0.2 Total 90 100 18. Taita 1 0.2 19. Teso 1 0.2 Dedan Kimathi University of Technology (DKUT) Total 471 100

Dedan Kimathi University of Technology was established as a constituent college of Jomo Kenyatta University of Agriculture and Technology. Initially it started as a The representation of the largest ethnic group, the Kikuyu, comprises of 58% of the community project in 1972 then known as Kimathi Institute of Technology (KIT), senior staff. opening doors to its first students in 1978. KIT rapidly emerged as a leading institution in the country in the training of Certified Public Accountants. It was Table 42: Ethnic distribution of senior staff at of DKUT upgraded to University status in 2007, and renamed Kimathi University College of

Technology (KUCT), Ethnicity Number Percentage 1. Kikuyu 98 58.0 This institution attained full university status after being granted a charter in 2. Kisii 13 7.7 December 2012 and renamed Dedan Kimathi University of Technology (DKUT). 3. Meru 11 6.5

4. The university has 471 members of staff as per the data shared on 8th January 8, Luhya 11 6.5 2016. The Vice Chancellor, Prof. P. Ndirangu Kioni, who is from the Kikuyu ethnic 5. Kamba 10 5.9 group. 6. Kalenjin 10 5.9

7. Luo 7 4.1 Dedan Kimathi contravenes section 7(2) of the NCI Act. The dominant ethnic group, 8. the Kikuyu, comprises 70.1% of the total workforce. The data is presented in Table 41 African 4 2.4 below. 9. Samburu 1 0.6 10. Asian 1 0.6

11. Kenyan Arab 1 0.6

58 Table 41: Ethnic distribution of DKUT general staff

Ethnicity Number Percentage 1. Kikuyu 330 70.1 2. Meru 28 5.9 3. Kisii 23 4.9 4. Luhya 20 4.2 5. Kamba 19 4.0 6. Kalenjin 17 3.6 7. Luo 12 2.5 8. Embu 5 1.2 9. Samburu 4 0.9 10. African 4 0.9 11. Asian 1 0.2 12. Kenyan Arab 1 0.2 13. American 1 0.2 14. Kuria 1 0.2 15. Borana 1 0.2 16. Kenyan Asian 1 0.2 17. Oromo 1 0.2 18. Taita 1 0.2 19. Teso 1 0.2 Total 471 100

The representation of the largest ethnic group, the Kikuyu, comprises of 58% of the senior staff.

Table 42: Ethnic distribution of senior staff at of DKUT

Ethnicity Number Percentage 1. Kikuyu 98 58.0 2. Kisii 13 7.7 3. Meru 11 6.5 4. Luhya 11 6.5 5. Kamba 10 5.9 6. Kalenjin 10 5.9 7. Luo 7 4.1 8. African 4 2.4 9. Samburu 1 0.6 10. Asian 1 0.6 11. Kenyan Arab 1 0.6

59 12. Kuria 1 0.6 The Luhya constitute 51.5% of the senior staff at Masinde Muliro University of Science 13. Indian 1 0.6 and Technology. Table 44 shows the ethnic distribution of senior staff at MMUST.

Total 169 100 Table 44: Ethnic distribution of senior staff at MMUST Masinde Muliro University of Science and Technology (MMUST) No. Ethnicity Number Percentage Masinde Muliro University of Science and Technology (MMUST) became a fully 1. Luhya 172 51.5 accredited public university in 2007. Before being elevated to full university status, it 2. Luo 65 19.5 became a constituent college of Moi University in 2002.The institution was 3. established in January 1972, then known as Western College or WECO, a college of Kalenjin 30 9.0 Arts and Applied Sciences awarding certificates and diplomas in technical courses. 4. Kisii 21 6.3 5. Kikuyu 16 4.8 MMUST has 1,030 members of staff in its workforce. 6. Kamba 8 2.4

7. The university contravenes the NCI Act. The dominant ethnic group, the Luhya, makes African 6 1.7 up of the 69.9% of general staff workforce which is above the 33.3% threshold 8. Teso 4 1.2 provided for in the Act. Table 43 shows the ethnic distribution at MMUST. 9. Meru 2 0.6 10. Suba 2 0.6

11. Table 43: Ethnic distribution of general staff at MMUST Kenyan Asian 1 0.3 12. American 1 0.3 No. Ethnicity Number Percentage 13. Embu 1 0.3 1. Luhya 720 69.9 14. European 1 0.3 2. Luo 108 10.5 15. Mijikenda 1 0.3 3. Kalenjin 75 7.3 16. Kuria 1 0.3 4. Kisii 38 3.7 17. Somali 1 0.3 5. Kikuyu 37 3.6 18. Turkana 1 0.3 6. Kamba 16 1.6 Total 334 100 7. Teso 9 0.9 8. African 7 0.5 University of Kabianga 9. Turkana 4 0.4 10. Meru 3 0.3 Kabianga Farmers Training Centre which is located in Kabianga Division in Kericho West was established in 1959. Intially, the Centre was to serve as an Agricultural 11. Somali 2 0.2 Training facility for farmers from the South Rift and beyond. Later in May 2007, 12. Suba 2 0.2 Kabianga Farmers Training Centre was turned into Kabianga Campus of Moi 13. Taita 2 0.2 University in May 2007. In May, 2009, the University Campus was elevated to a University College and on 1st March 2013 it was awarded charter by H.E Hon. Mwai 14. Other Kenyan 1 0.1 Kibaki and became a fully fledge University. 15. Kenyan Asian 1 0.1 16. American 1 0.1 The University has a total of 506 members of staff. The Vice Chancellor Prof. Wilson K. 17. Embu 1 0.1 Kipng'eno belongs to the Kalenjin ethnic community.

18. European 1 0.1 University of Kabianga College has contravened section 7 (2) of the NCI Act by 19. Mijikenda 1 0.1 recruiting 68.8% of its staff from the Kalenjin ethnic group. Table 45 shows the ethnic 20. Kuria 1 0.1 distribution at the University of Kabianga. Total 1030 100

The Luhya constitute 51.5% of the senior staff at Masinde Muliro University of Science and Technology. Table 44 shows the ethnic distribution of senior staff at MMUST.

Table 44: Ethnic distribution of senior staff at MMUST

No. Ethnicity Number Percentage 1. Luhya 172 51.5 2. Luo 65 19.5 3. Kalenjin 30 9.0 4. Kisii 21 6.3 5. Kikuyu 16 4.8 6. Kamba 8 2.4 7. African 6 1.7 8. Teso 4 1.2 9. Meru 2 0.6 10. Suba 2 0.6 11. Kenyan Asian 1 0.3 12. American 1 0.3 13. Embu 1 0.3 14. European 1 0.3 15. Mijikenda 1 0.3 16. Kuria 1 0.3 17. Somali 1 0.3 18. Turkana 1 0.3 Total 334 100

University of Kabianga

Kabianga Farmers Training Centre which is located in Kabianga Division in Kericho West was established in 1959. Intially, the Centre was to serve as an Agricultural Training facility for farmers from the South Rift and beyond. Later in May 2007, Kabianga Farmers Training Centre was turned into Kabianga Campus of Moi University in May 2007. In May, 2009, the University Campus was elevated to a University College and on 1st March 2013 it was awarded charter by H.E Hon. Mwai Kibaki and became a fully fledge University.

The University has a total of 506 members of staff. The Vice Chancellor Prof. Wilson K. Kipng'eno belongs to the Kalenjin ethnic community.

University of Kabianga College has contravened section 7 (2) of the NCI Act by recruiting 68.8% of its staff from the Kalenjin ethnic group. Table 45 shows the ethnic distribution at the University of Kabianga.

61 Machakos University College Table 45: Ethnic Composition of general staff at the University of Kabianga

Machakos University College is a Constituent College of Kenyatta University. Founded Ethnicity Number Percentage in 1957 as Machakos Technical Rural Training School, it has undergone several 1. Kalenjin 348 68.8 transformations. In 1958, it became the Machakos Technical and Trade School, 2. Luo 59 11.7 Machakos Technical School in 1967 and Machakos Technical Training Institute in 3. Luhya 39 7.7 1987. On 16th September, 2011the institution was upgraded to its current status 4. Kikuyu 19 3.8 through the Legal Notice No. 130.

5. Kisii 19 3.8 Machakos University College has 402 members of staff. The Principal, Prof. Francis 6. Kamba 9 1.8 Mathooko, is from the Kamba community. 7. Meru 3 0.6 8. Teso 3 0.6 Machakos University College has contravened the stipulation of section 7(2) in the 9. Kuria 2 0.4 composition of its staff since the majority group, the Kamba, forms 67.4%.

10. Embu 1 0.2 Table 47: Ethnic Composition among General Staff at Machakos University College 11. Maasai 1 0.2 Ethnic Group Number Percentage 12. Mjikenda 1 0.2 1. Kamba 271 67.4 13. African 1 0.2 2. Kikuyu 46 11.4 14. Somali 1 0.2 3. Luo 21 5.2 Total 506 100 4. Kisii 18 4.5

5. Luhya 16 4.0

6. Table 46: Ethnic Distribution of senior staff at the University of Kabianga Meru 13 3.2 7. Embu 7 1.7 Ethnic Group Number Percentage 8. Kalenjin 7 1.7 1. Kalenjin 81 50.0 9. Mijikenda 1 0.2 2. Luo 30 18.5 10. Maasai 1 0.2 3. Luhya 19 11.7 11. Taita 1 0.2 4. Kisii 13 8.0 402 100.0

5. Kikuyu 10 6.2 Ethnic analysis among Senior Staff also shows a skewed majority of the Kamba 6. Kamba 3 1.9 community who take up 49.7%. 7. Teso 2 1.2 8. Embu 1 0.6 Table 48: Staff Composition among Senior Staff at Machakos University College by Ethnicity 9. Kuria 1 0.6 Ethnic Group Number Percentage 10. Mijikenda 1 0.6 1. Kamba 73 49.7 11. African 1 0.6 2. Kikuyu 28 19.0 Total 162 100 3. Luo 13 8.8

4. Kisii 10 6.8

5. Like the distribution of general staff, the distribution of senior staff at the University of Meru 8 5.4 Kabianga is skewed towards the Kalenjin ethnic group at 50%. This is in contravention 6. Luhya 6 4.1 of the NCI Act. 7. Embu 3 2.0 8. Kalenjin 3 2.0 9. Maasai 1 0.7

62 Machakos University College

Machakos University College is a Constituent College of Kenyatta University. Founded in 1957 as Machakos Technical Rural Training School, it has undergone several transformations. In 1958, it became the Machakos Technical and Trade School, Machakos Technical School in 1967 and Machakos Technical Training Institute in 1987. On 16th September, 2011the institution was upgraded to its current status through the Legal Notice No. 130.

Machakos University College has 402 members of staff. The Principal, Prof. Francis Mathooko, is from the Kamba community.

Machakos University College has contravened the stipulation of section 7(2) in the composition of its staff since the majority group, the Kamba, forms 67.4%.

Table 47: Ethnic Composition among General Staff at Machakos University College Ethnic Group Number Percentage 1. Kamba 271 67.4 2. Kikuyu 46 11.4 3. Luo 21 5.2 4. Kisii 18 4.5 5. Luhya 16 4.0 6. Meru 13 3.2 7. Embu 7 1.7 8. Kalenjin 7 1.7 9. Mijikenda 1 0.2 10. Maasai 1 0.2 11. Taita 1 0.2 402 100.0

Ethnic analysis among Senior Staff also shows a skewed majority of the Kamba community who take up 49.7%.

Table 48: Staff Composition among Senior Staff at Machakos University College by Ethnicity Ethnic Group Number Percentage 1. Kamba 73 49.7 2. Kikuyu 28 19.0 3. Luo 13 8.8 4. Kisii 10 6.8 5. Meru 8 5.4 6. Luhya 6 4.1 7. Embu 3 2.0 8. Kalenjin 3 2.0 9. Maasai 1 0.7

63 10. Taita 1 0.7 The representation of the Luo ethnic community among senior staff stands at 64.0% 11. Mijikenda 1 0.7 which far above the stipulated 33.3%.

147 100.0

Table 50: Ethnic Profiling of Maseno University Senior Staff Maseno University No. Ethnic Group Number Percentage 1. Luo 259 64.0 Maseno University was founded in 1991. Currently, Maseno University is ranked as 2. Luhya 69 17.0 the Second Best University in Kenya. The university has two campuses: the Kisumu 3. Kisii 22 5.4 and the main campus. The main campus is along Kisumu-Busia road, while the 4. Kalenjin 18 4.4 Kisumu campus is located in Kisumu City. 5. Kamba 11 2.7 6. Kikuyu 9 2.3 th The University has 1,286 general staff as per the data shared on 10 December 2015. 7. Swahili 3 0.7 8. African 3 0.7 The acting Vice Chancellor Prof. Julius Omondi Nyabundi, is a Luo. 9. European 2 0.6

10. Teso 2 0.6 Maseno University contravenes Section 7(2) of the NCI Act. The representation of the 11. Kenyan Asian 2 0.6 Luo ethnic group comprises of 63.8% of the total workforce. 12. Kuria 1 0.2 Table 49: Ethnic Distribution of Maseno University General Staff 13. Borana 1 0.2 14. Meru 1 0.2 Ethnic Group Number Percentage 15. Taita 1 0.2 16. Turkana 1 0.2 1. Luo 821 63.8 Total 405 100 2. Luhya 276 21.5 3. Kisii 55 4.3 Karatina University 4. Kalenjin 55 4.3 5. Kikuyu 19 1.5 Karatina University was founded in 2007 as a Moi University campus for central 6. Kamba 16 1.2 Kenya, called the Moi University Central Kenya Campus. Located about 15 km north of the town of Karatina, it had an original intake of 100 students. Three years later, in 7. Teso 9 0.8 2010, it was upgraded to a constituent college of Moi University, and renamed 8. Meru 8 0.6 Karatina University College. In 2013, the institution was declared a university in its 9. Swahili 4 0.3 own right, and was renamed Karatina University. 10. Taita 4 0.3 Karatina University has a total of 419 employees as per the data submitted on17th 11. African 3 0.3 November 2015. 12. European 2 0.2 13. Samburu 2 0.2 The Vice Chancellor, Prof. Mucai Muchiri, is Kikuyu. 14. Borana 1 0.1 Karatina University College contravenes the NCI Act Section 7(2). The representation 15. Kenyan Asian 1 0.1 of the largest ethnic community, the Kikuyu, makes up 61.8% of the general staff. 16. Kuria 1 0.1 17. Maasai 1 0.1 18. Nandi 1 0.1 Table 51: Karatina University General Staff Ethnic Distribution 19. Asian 1 0.1 Ethnic Number Percentage 20. Turkana 1 0.1 Group Total 1286 100 1 Kikuyu 259 61.8 2 Meru 33 7.9

64 The representation of the Luo ethnic community among senior staff stands at 64.0% which far above the stipulated 33.3%.

Table 50: Ethnic Profiling of Maseno University Senior Staff No. Ethnic Group Number Percentage 1. Luo 259 64.0 2. Luhya 69 17.0 3. Kisii 22 5.4 4. Kalenjin 18 4.4 5. Kamba 11 2.7 6. Kikuyu 9 2.3 7. Swahili 3 0.7 8. African 3 0.7 9. European 2 0.6 10. Teso 2 0.6 11. Kenyan Asian 2 0.6 12. Kuria 1 0.2 13. Borana 1 0.2 14. Meru 1 0.2 15. Taita 1 0.2 16. Turkana 1 0.2 Total 405 100

Karatina University

Karatina University was founded in 2007 as a Moi University campus for central Kenya, called the Moi University Central Kenya Campus. Located about 15 km north of the town of Karatina, it had an original intake of 100 students. Three years later, in 2010, it was upgraded to a constituent college of Moi University, and renamed Karatina University College. In 2013, the institution was declared a university in its own right, and was renamed Karatina University.

Karatina University has a total of 419 employees as per the data submitted on17th November 2015.

The Vice Chancellor, Prof. Mucai Muchiri, is Kikuyu.

Karatina University College contravenes the NCI Act Section 7(2). The representation of the largest ethnic community, the Kikuyu, makes up 61.8% of the general staff.

Table 51: Karatina University General Staff Ethnic Distribution

Ethnic Number Percentage Group 1 Kikuyu 259 61.8 2 Meru 33 7.9

65 3 Kamba 27 6.4 Moi University contravenes the NCI Act since majority of its employees belong to the 4 Luhya 27 6.4 Kalenjin community at the proportion of 60.6%. 5 Kalenjin 21 5.0 Table 53: Ethnic distribution of Moi University General Staff 6 Luo 18 4.3 7 Kisii 12 2.9 No. Ethnicity Number Percentage 8 Embu 7 1.7 1. Kalenjin 1938 60.6 9 Mbeere 3 0.7 2. Luhya 428 13.4 10 Samburu 3 0.7 3. Luo 243 7.6 11 Somali 3 0.7 4. Kikuyu 203 6.3 12 Maasai 2 0.5 5. Kisii 135 4.2 13 Taita 2 0.5 14 Mijikenda 1 0.2 6. Kamba 82 2.6 16 Teso 1 0.2 7. Meru 32 1.0 Total 419 100 8. Teso 32 1.0 9. Maasai 26 0.8 Similarly, the University‘s senior staff is composed of 60.4% from the Kikuyu 10. Mijikenda 16 0.5 community. 11. Swahili 12 0.4

Table 52: Ethnic Balancing among Karatina University Senior Staff 12. Embu 7 0.2 Ethnic Group Number Percentage 13. Taita 7 0.2 1. Kikuyu 102 60.4 14. Turkana 7 0.2 2. Kamba 12 7.1 15. Somali 6 0.2 3. Luhya 12 7.1 16. African 5 0.2 4. Meru 11 6.5 17. Kenyan Arab 4 0.1 5. Kalenjin 9 5.3 18. Kenyan Asian 4 0.1 6. Luo 9 5.3 19. American 4 0.1 7. Kisii 7 4.1 20. European 3 0.1 8. Embu 3 1.8 21. Borana 2 0.1 9. Mijikenda 1 0.6 22. Samburu 1 0.0 10. Teso 1 0.6 23. Suba 1 0.0 11. Maasai 2 1.2 Total 3198 100.0 Total 169 100

Employment in senior staffing of Moi University is skewed towards the Kalenjin who form 40.0% of the category. Moi University Moi University was established by the Government in mid-1984 following Table 54: Ethnic distribution of Moi university Senior staff recommendations for a second university in Kenya by the Mackay Report and further contextual analysis done by a joint Kenyan and UNESCO team. No. Ethnicity Number Percentage 1. Kalenjin 337 40.0 Data submitted by the University revealed that it has 3,198 members of staff. 2. Luhya 180 21.4

3. Luo 99 11.7

66 Moi University contravenes the NCI Act since majority of its employees belong to the Kalenjin community at the proportion of 60.6%.

Table 53: Ethnic distribution of Moi University General Staff

No. Ethnicity Number Percentage 1. Kalenjin 1938 60.6 2. Luhya 428 13.4 3. Luo 243 7.6 4. Kikuyu 203 6.3 5. Kisii 135 4.2 6. Kamba 82 2.6 7. Meru 32 1.0 8. Teso 32 1.0 9. Maasai 26 0.8 10. Mijikenda 16 0.5 11. Swahili 12 0.4 12. Embu 7 0.2 13. Taita 7 0.2 14. Turkana 7 0.2 15. Somali 6 0.2 16. African 5 0.2 17. Kenyan Arab 4 0.1 18. Kenyan Asian 4 0.1 19. American 4 0.1 20. European 3 0.1 21. Borana 2 0.1 22. Samburu 1 0.0 23. Suba 1 0.0 Total 3198 100.0

Employment in senior staffing of Moi University is skewed towards the Kalenjin who form 40.0% of the category.

Table 54: Ethnic distribution of Moi university Senior staff

No. Ethnicity Number Percentage 1. Kalenjin 337 40.0 2. Luhya 180 21.4 3. Luo 99 11.7

67 4. Kikuyu 82 9.7 8. Embu 7 1.6 5. Kisii 53 6.3 9. Mijikenda 2 0.5 6. Kamba 34 4.0 10. Taita 2 0.5 7. Meru 12 1.4 11. Turkana 1 0.2

8. Mijikenda 7 0.8 438 100.0

9. Swahili 5 0.6 SEKU‘s senior staff composition is also highly skewed towards the Kamba community 10. Teso 5 0.6 who form 49.1% of this cadre. 11. African 5 0.6 Table 56: Ethnic Composition of senor staff at SEKU 12. European 5 0.6 13. Somali 4 0.5 Ethnic Group Number Percentage 14. Asian 3 0.4 1. Kamba 79 49.1 15. Maasai 3 0.4 2. Kikuyu 29 18.0 16. American 2 0.2 3. Kisii 14 8.7 Kenyan 4. Luhya 13 8.1 17. 2 0.2 Arab 5. Luo 10 6.2 18. Embu 2 0.2 6. Kalenjin 6 3.7 19. Taita 2 0.2 7. Meru 4 2.5 20. Borana 1 0.1 8. Embu 2 1.2 21. Total 843 100.0 9. Mijikenda 2 1.2 10. Taita 1 0.6 11. Turkana 1 0.6 South Eastern Kenya University 161 100.0 South Eastern Kenya University is a fully-fledged Public University which was awarded Charter on 1st March, 2013 and is the successor to the South Eastern Chuka University University College (SEUCO) which was a Constituent College of the University of Nairobi. Chuka University is a public institution established through a legal notice No. 161 of 2007. It was a constituent College of Egerton University and the successor of the SEKU has 438 members of staff. The Vice Chancellor of the University, Prof. Geoffrey former Egerton University Eastern Campus College, Chuka. The Campus College was Muluvi, belongs to the Kamba community. established on 27th September 2004, by Egerton University Council to enhance access to high quality and affordable University education to the people living in the Eastern SEKU contravenes the provision of the NCI Act. It has hired 57.5% of its staff from the region and Kenya at large. Kamba community. Data submitted by Chuka University shows that members belonging to the Meru Table 55: Ethnic profiling of Staff at SEKU community form 53.1% of the entire staff population. This goes against the provision of section 7(2) of the NCI Act.

Ethnic Group Number Percentage 1. Kamba 252 57.5 Table 57: Ethnic composition of general staff at Chuka University 2. Kikuyu 54 12.3 3. Kisii 33 7.5 Ethnic Group Number Percentage 4. Luhya 31 7.1 1. Meru 217 53.1 5. Kalenjin 22 5.0 2. Kikuyu 83 20.3 6. Luo 19 4.3 3. Luhya 25 6.1 7. Meru 15 3.4 4. Kamba 18 4.4

68 8. Embu 7 1.6 9. Mijikenda 2 0.5 10. Taita 2 0.5 11. Turkana 1 0.2 438 100.0

SEKU‘s senior staff composition is also highly skewed towards the Kamba community who form 49.1% of this cadre.

Table 56: Ethnic Composition of senor staff at SEKU

Ethnic Group Number Percentage 1. Kamba 79 49.1 2. Kikuyu 29 18.0 3. Kisii 14 8.7 4. Luhya 13 8.1 5. Luo 10 6.2 6. Kalenjin 6 3.7 7. Meru 4 2.5 8. Embu 2 1.2 9. Mijikenda 2 1.2 10. Taita 1 0.6 11. Turkana 1 0.6 161 100.0

Chuka University

Chuka University is a public institution established through a legal notice No. 161 of 2007. It was a constituent College of Egerton University and the successor of the former Egerton University Eastern Campus College, Chuka. The Campus College was established on 27th September 2004, by Egerton University Council to enhance access to high quality and affordable University education to the people living in the Eastern region and Kenya at large.

Data submitted by Chuka University shows that members belonging to the Meru community form 53.1% of the entire staff population. This goes against the provision of section 7(2) of the NCI Act.

Table 57: Ethnic composition of general staff at Chuka University

Ethnic Group Number Percentage 1. Meru 217 53.1 2. Kikuyu 83 20.3 3. Luhya 25 6.1 4. Kamba 18 4.4

69 5. Kalenjin 18 4.4 2. Luhya 162 17.7 6. Luo 17 4.2 3. Luo 92 10.0 7. Kisii 16 3.9 4. Kikuyu 67 7.3 8. Embu 12 2.9 5. Kisii 43 4.7 9. Taita 2 0.5 6. Kamba 29 3.2 10. Suba 1 0.2 7. Teso 14 1.5 409 100.0 8. Maasai 8 0.9 9. Meru 7 0.8 The senior officers in Chuka University draw a majority from the Meru community 10. Mijikenda 6 0.7 who form 37.3%. 11. Taita 5 0.5

Table 58: Ethnic Profiling of Chuka University’s Senior Staff 12. African 3 0.3 13. Embu 2 0.2 Ethnic Group Number Percentage 14. Kenyan Asian 2 0.2 1. Meru 69 37.3 15. Somali 2 0.2 2. Kikuyu 51 27.6 16. Kenyan Arab 1 0.1 3. Luhya 16 8.6 17. Borana 1 0.1 4. Luo 14 7.6 18. Turkana 1 0.1 5. Kalenjin 10 5.4 917 100.0 6. Kisii 10 5.4 7. Kamba 9 4.9 The University of Eldoret has 384 senior staff members. Of these, 42.4% are drawn 8. Embu 5 2.7 from the Kalenjin community.

9. Suba 1 0.5 Table 60: Ethnic composition among senior staff at the University of Eldoret

185 100.0 Ethnic Group Number Percentage

1. Kalenjin 163 42.4 University of Eldoret 2. Luhya 75 19.5 3. Luo 49 12.8 University of Eldoret was founded in 1946 by the white settlers as a Large Scale 4. Farmers Training Centre. In 1984, it was converted to a teachers‘ training college and Kikuyu 31 8.1 renamed Moi Teachers‘ Training College to offer Diploma Science Teachers Training. 5. Kamba 16 4.2 Due to the double intake crisis, the College was taken over by Moi University as a 6. Teso 5 1.3 Campus in 1990, renaming it Chepkoilel Campus. From 1990, the University made it 7. Maasai 6 1.6 a campus of natural, basic and applied science programmes. 8. Meru 3 0.8

9. In August 2010 the President, through Legal Notice No. 125 of 13 August 2010 Mijikenda 3 0.8 upgraded the campus into a University College with the name Chepkoilel University 10. Taita 2 0.5 College, a Constituent College of Moi University. Upon the award of Charter by the 11. African 3 0.8 President on March 2013, the University College was renamed University of Eldoret. 12. Embu 1 0.3 13. Asian 2 0.5 The University has 917 members of staff. Its Vice Chancellor is Prof. Akenga Teresa 14. who belongs to the Luhya community. Somali 2 0.5 15. Arab 1 0.3 Table 59: Analysis of Ethnic Composition of Staff at the University of Eldoret 16. Turkana 1 0.3 Ethnic Group Number Percentage 17. Kisii 21 5.5 1. Kalenjin 472 51.5 384 100.0

70 2. Luhya 162 17.7 3. Luo 92 10.0 4. Kikuyu 67 7.3 5. Kisii 43 4.7 6. Kamba 29 3.2 7. Teso 14 1.5 8. Maasai 8 0.9 9. Meru 7 0.8 10. Mijikenda 6 0.7 11. Taita 5 0.5 12. African 3 0.3 13. Embu 2 0.2 14. Kenyan Asian 2 0.2 15. Somali 2 0.2 16. Kenyan Arab 1 0.1 17. Borana 1 0.1 18. Turkana 1 0.1 917 100.0

The University of Eldoret has 384 senior staff members. Of these, 42.4% are drawn from the Kalenjin community.

Table 60: Ethnic composition among senior staff at the University of Eldoret Ethnic Group Number Percentage 1. Kalenjin 163 42.4 2. Luhya 75 19.5 3. Luo 49 12.8 4. Kikuyu 31 8.1 5. Kamba 16 4.2 6. Teso 5 1.3 7. Maasai 6 1.6 8. Meru 3 0.8 9. Mijikenda 3 0.8 10. Taita 2 0.5 11. African 3 0.8 12. Embu 1 0.3 13. Asian 2 0.5 14. Somali 2 0.5 15. Arab 1 0.3 16. Turkana 1 0.3 17. Kisii 21 5.5 384 100.0

71 Garissa University College On 1 September 1988, retired President Moi, declared JKUAT a constituent College of Garissa University College was founded in 2011 as a constituent college of Moi Kenyatta University through a legal notice, under the Kenyatta University Act (CAP University, in the facilities of the former Garissa Teachers Training College. 210C). The name of JKUAT officially changed to Jomo Kenyatta University College of

Agriculture and Technology (JKUCAT). It was finally established as a university The University has 148 members of staff. Garissa University Contravenes the NCI Act through the JKUAT Act, 1994 and inaugurated on 7 December 1994. as it has the general staff having Somali as the majority at 51.4%.

Jomo Kenyatta University of Agriculture and Technology has a total of 2,452 Table 61: Ethnic distribution of Garissa university college general staff employees as per the data sent on 17th November 2015.

Ethnicity Number Percentage 1. Somali 76 51.4 The Vice Chancellor, Professor Mabel Imbuga, is Luhya. 2. Luhya 16 10.8 The Jomo Kenyatta University of Agriculture and Technology contravenes the NCI Act 3. Kalenjin 12 8.1 since the Kikuyu ethnic group make up 45.2% of the general staff. 4. Luo 10 6.8 5. Kisii 9 6.1 Table 63: Ethnic Distribution of JKUAT General Staff 6. Kikuyu 7 4.7 Ethnic Group Number Percentage 7. Kamba 6 4.1 1 Kikuyu 1109 45.3 8. Meru 4 2.7 2 Luhya 345 14.1 9. Borana 3 2.0 3 Luo 243 9.9 10. Gabra 3 2.0 4 Kisii 199 8.1 11. Swahili 2 1.4 5 Kamba 190 7.8 Total 148 100.0 6 Meru 120 4.9 7 Kalenjin 111 4.5 Among the senior staff, the University‘s majority ethnic group is the Luhya who 8 Embu 37 1.5 encompass 26.9%. 9 Maasai 18 0.7 Table 62: Ethnic distribution of Garissa university college senior staff 10 African 17 0.7 Ethnicity Number Percentage 11 Taita 12 0.5 Luhya 7 26.9 12 Mijikenda 12 0.5 Kisii 5 19.2 13 Somali 7 0.3 Luo 5 19.2 14 Swahili 7 0.3 Kamba 3 11.5 15 Borana 5 0.2 Kalenjin 2 7.7 16 Samburu 4 0.2 Kikuyu 2 7.7 17 Kuria 3 0.1 Borana 1 3.8 19 European 3 0.1 Somali 1 3.8 20 Kenyan Asian 2 0.1 Total 26 100.0 21 Sabaot 2 0.1

22 Kenyan Arab 1 0.0 Jomo Kenyatta University 23 Burji 1 0.0 The Jomo Kenyatta University was started in 1981 as Jomo Kenyatta College of 24 Nubi 1 0.0 Agriculture and Technology (JKCAT), a middle-level college by the Government of 25 Rendille 1 0.0 Kenya with the assistance from the Japanese Government. Plans for the establishment of JKCAT started in 1977. Total 2450 100.0

On 1 September 1988, retired President Moi, declared JKUAT a constituent College of Kenyatta University through a legal notice, under the Kenyatta University Act (CAP 210C). The name of JKUAT officially changed to Jomo Kenyatta University College of Agriculture and Technology (JKUCAT). It was finally established as a university through the JKUAT Act, 1994 and inaugurated on 7 December 1994.

Jomo Kenyatta University of Agriculture and Technology has a total of 2,452 employees as per the data sent on 17th November 2015.

The Vice Chancellor, Professor Mabel Imbuga, is Luhya.

The Jomo Kenyatta University of Agriculture and Technology contravenes the NCI Act since the Kikuyu ethnic group make up 45.2% of the general staff.

Table 63: Ethnic Distribution of JKUAT General Staff Ethnic Group Number Percentage 1 Kikuyu 1109 45.3 2 Luhya 345 14.1 3 Luo 243 9.9 4 Kisii 199 8.1 5 Kamba 190 7.8 6 Meru 120 4.9 7 Kalenjin 111 4.5 8 Embu 37 1.5 9 Maasai 18 0.7 10 African 17 0.7 11 Taita 12 0.5 12 Mijikenda 12 0.5 13 Somali 7 0.3 14 Swahili 7 0.3 15 Borana 5 0.2 16 Samburu 4 0.2 17 Kuria 3 0.1 19 European 3 0.1 20 Kenyan Asian 2 0.1 21 Sabaot 2 0.1 22 Kenyan Arab 1 0.0 23 Burji 1 0.0 24 Nubi 1 0.0 25 Rendille 1 0.0 Total 2450 100.0

73 Kenyatta University has 2,763 members of staff. 39.8% of these staff belong to the The composition of senior staff at JKUAT has majority employees from the Kikuyu Kikuyu community. community which stand at 38.2%. Table 65: Ethnic distribution of KU general staff Table 64: JKUAT Senior Staff Representation by Ethnic Group Ethnicity Number Percentage 1. Ethnic Group Number Percentage Kikuyu 1100 39.8 2. Luhya 366 13.2 1 Kikuyu 312 38.2 3. Luo 289 10.5 2 Luhya 122 14.9 4. Kamba 287 10.4 3 Luo 103 12.6 5. Kisii 182 6.6 4 Kamba 76 9.3 6. Meru 173 6.3 5 Kisii 66 8.1 7. Kalenjin 171 6.2 6 Kalenjin 45 5.5 8. Embu 62 2.2 9. 7 Meru 41 5.0 Foreigner 33 1.2 10. Mijikenda 30 1.1 8 Embu 9 1.1 11. Taita 19 0.7 9 Swahili 6 0.7 12. Borana 11 0.4 10 Mijikenda 5 0.6 13. Mbeere 11 0.4 11 African 8 1.0 14. Somali 6 0.2 12 Maasai 4 0.5 15. Kuria 5 0.2 13 Taita 4 0.5 16. Other 14 Borana 3 0.4 Kenyans 5 0.2 17. 15 European 2 0.2 Teso 5 0.2 18. 16 Kenyan Asian 2 0.2 Maasai 4 0.1 19. Samburu 3 0.1 17 Kuria 2 0.2 20. Kenyan Asian 1 0.0 18 Somali 2 0.2 Total 2763 100.0 19 Kenyan Arab 1 0.1 20 Burji 1 0.1 21 Nubi 1 0.1 Table 66 below illustrates that the Kikuyu form the majority of employees within the senior management of Kenyatta University. 22 Rendile 1 0.1

23 Samburu 1 0.1 Table 66: Ethnic distribution of KU senior staff Total 817 100.0 Ethnicity Number Percentage 1. Kikuyu 317 34.2

2. Luo 127 13.7 Kenyatta University 3. Luhya 126 13.6 Following an Act of Parliament of 1970, Kenyatta College became a constituent College 4. of the University of Nairobi. Consequently, the name changed from Kenyatta College to Kamba 98 10.6 Kenyatta University College. The University status was achieved on August 23, 1985, 5. Kalenjin 62 6.7 when the Kenyatta University Act received Presidential assent making the Institution a 6. Kisii 60 6.5 full - fledged University. The Act became operational on September 1, 1985 and the 7. Meru 57 6.2 new University was inaugurated on December 17, 1985. 8. Foreigners 28 3.0 9. Embu 20 2.2

74 Kenyatta University has 2,763 members of staff. 39.8% of these staff belong to the Kikuyu community.

Table 65: Ethnic distribution of KU general staff Ethnicity Number Percentage 1. Kikuyu 1100 39.8 2. Luhya 366 13.2 3. Luo 289 10.5 4. Kamba 287 10.4 5. Kisii 182 6.6 6. Meru 173 6.3 7. Kalenjin 171 6.2 8. Embu 62 2.2 9. Foreigner 33 1.2 10. Mijikenda 30 1.1 11. Taita 19 0.7 12. Borana 11 0.4 13. Mbeere 11 0.4 14. Somali 6 0.2 15. Kuria 5 0.2 16. Other Kenyans 5 0.2 17. Teso 5 0.2 18. Maasai 4 0.1 19. Samburu 3 0.1 20. Kenyan Asian 1 0.0 Total 2763 100.0

Table 66 below illustrates that the Kikuyu form the majority of employees within the senior management of Kenyatta University.

Table 66: Ethnic distribution of KU senior staff Ethnicity Number Percentage 1. Kikuyu 317 34.2 2. Luo 127 13.7 3. Luhya 126 13.6 4. Kamba 98 10.6 5. Kalenjin 62 6.7 6. Kisii 60 6.5 7. Meru 57 6.2 8. Foreigners 28 3.0 9. Embu 20 2.2

75 10. Mijikenda 10 1.1 Among the senior staff, Maasai Mara has hired 17.9% from the Kikuyu community. 11. Somali 5 0.5 12. Taita 4 0.4 13. Borana 3 0.3 Table 68: Ethnic distribution of Maasai Mara University senior staff 14. Kuria 3 0.3 No. Ethnicity Number Percentage 15. Other 1. Kenyan 2 0.2 Kikuyu 25 17.9 2. 16. Mbeere 2 0.2 Luhya 25 17.9 3. 17. Samburu 1 0.1 Luo 23 16.4 4. 18. Teso 1 0.1 Kisii 22 15.7 5. Total 926 100.0 Kalenjin 18 12.9 6. Maasai 12 8.6 Maasai Mara University 7. Kamba 5 3.6 Maasai Mara is an institution of higher learning based in Narok County. It has 531 8. Kuria 3 2.1 members of staff. The University contravenes the NCI Act since it has employed more 9. Meru 3 2.1 than 38.8% of its staff from one ethnic group. This is beyond the 33.3% threshold set 10. Embu 2 1.4 in section 7(2) of the NCI Act. The majority of the University‘s employees are from the 11. Kenyan Asian 1 0.7 Maasai community. 12. Teso 1 0.7 Table 67: Ethnic distribution of Maasai Mara University general staff Total 140 100.0

No. Ethnicity Number Percentage 1. Maasai 206 38.8 Taita Taveta University College 2. Kalenjin 92 17.3 Taita Taveta University College opened her gates in 2007 as Jomo Kenyatta University 3. Kikuyu 62 11.7 of Agriculture and Technology (JKUAT) TaitaTaveta Campus and later in 2011 was 4. Luo 47 8.9 upgraded to a Constituent. 5. Kisii 41 7.7 6. Luhya 40 7.5 Taita Taveta University has 250 staff members as per the data shared on 7th January 8, 2016. The Principal, Hamadi Iddiboga, is Mijikenda. 7. Kamba 16 3.0

8. Kuria 7 1.3 Taita Taveta University College contravenes section 7(2) of the NCI Act. The dominant 9. Meru 7 1.3 ethnic group, the Taveta, comprise of 38% of the workforce. 10. Embu 3 0.6 11. Samburu 2 0.4 Table 69: Ethnic Composition of TTUC General Staff 12. Somali 2 0.4 13. Teso 2 0.4 Ethnic Group Number Percentage 14. Nubi 1 0.2 1. Taita 95 38.0 15. Rendille 1 0.2 2. Mijikenda 30 12.0 16. Other Kenyan 1 0.2 3. Luo 28 11.2 17. Kenyan Asian 1 0.2 4. Kamba 27 10.8 Total 531 100.0 5. Kikuyu 15 6.0 6. Kalenjin 14 5.6

76 Among the senior staff, Maasai Mara has hired 17.9% from the Kikuyu community.

Table 68: Ethnic distribution of Maasai Mara University senior staff

No. Ethnicity Number Percentage 1. Kikuyu 25 17.9 2. Luhya 25 17.9 3. Luo 23 16.4 4. Kisii 22 15.7 5. Kalenjin 18 12.9 6. Maasai 12 8.6 7. Kamba 5 3.6 8. Kuria 3 2.1 9. Meru 3 2.1 10. Embu 2 1.4 11. Kenyan Asian 1 0.7 12. Teso 1 0.7 Total 140 100.0

Taita Taveta University College

Taita Taveta University College opened her gates in 2007 as Jomo Kenyatta University of Agriculture and Technology (JKUAT) TaitaTaveta Campus and later in 2011 was upgraded to a Constituent.

Taita Taveta University has 250 staff members as per the data shared on 7th January 8, 2016. The Principal, Hamadi Iddiboga, is Mijikenda.

Taita Taveta University College contravenes section 7(2) of the NCI Act. The dominant ethnic group, the Taveta, comprise of 38% of the workforce.

Table 69: Ethnic Composition of TTUC General Staff

Ethnic Group Number Percentage 1. Taita 95 38.0 2. Mijikenda 30 12.0 3. Luo 28 11.2 4. Kamba 27 10.8 5. Kikuyu 15 6.0 6. Kalenjin 14 5.6

77 7. Luhya 13 5.2 8. Taveta 12 4.8 Table 71: Ethnic Distribution of General Staff of Laikipia University College Ethnic 9. Kisii 7 2.8 Group Number Percentage 10. Meru 6 2.4 1 Kikuyu 220 37.6 11. Swahili 1 0.4 2 Kalenjin 88 15.0 12. Borana 1 0.4 3 Luo 80 13.7 13. Sabaot 1 0.4 4 Luhya 67 11.5 Total 250 100 5 Kisii 36 6.2

6 Kamba 29 5.0 The composition of senior staff does not contravene the NCI Act as the largest ethnic group, the Luo, comprises of 18.0% of the workforce. 7 Samburu 18 3.1 8 Meru 17 2.9 9 Somali 7 1.2 Table 70: Ethnic composition of TTUC Senior Staff 10 Embu 6 1.0 Ethnic Group Number Percentage 11 Turkana 5 0.9 1. Luo 11 18.0 12 Taita 4 0.7 2. Kamba 10 16.4 13 Mijikenda 3 0.5 3. Taita 8 13.1 14 Borana 2 0.3 4. Kikuyu 8 13.1 15 Maasai 2 0.3 5. Kalenjin 6 9.8 16 Kuria 1 0.2 6. Mijikenda 4 6.6 Total 585 100

7. Taveta 4 6.6 The Kikuyu community is also the largest within the senior staff composition. 8. Kisii 4 6.6 However, it stands at 33.3%, the exact proportion stipulated by section 7(2) of the NCI 9. Luhya 3 4.9 Act. 10. Meru 3 4.9 Table 72: Ethnic Distribution of Teaching staff of Laikipia University College Total 61 100 Ethnic

Group Number Percentage

Laikipia University 1 Kikuyu 33 33.3 2 Luhya 17 17.2

Laikipia University was established as a Campus of Egerton University following 3 Luo 17 17.2 recommendations of a Government Committee appointed to look into modalities of 4 Kalenjin 9 9.1 absorbing a double intake of students from Secondary Schools. It was meant to offer 5 Kisii 7 7.1 education courses for graduate teacher-training. The University was awarded the 6 Kamba 6 6.1 Charter on 19 February 2013 by the then President of the Republic of Kenya Hon.Mwai Kibaki making the institution a fully-fledged University. 7 Meru 6 6.1 8 Samburu 2 2.0 Laikipia University has a total of 585 members of staff. The Vice Chancellor Prof. 9 Embu 1 1.0 Francis K. Lelo is Kamba. 10 Kuria 1 1.0

Laikipia University has contravened the NCI Act. The largest ethnic group that has Total 99 100 been employed at the university is the Kikuyu which forms 37.6% of the general staff.

Table 71: Ethnic Distribution of General Staff of Laikipia University College Ethnic Group Number Percentage 1 Kikuyu 220 37.6 2 Kalenjin 88 15.0 3 Luo 80 13.7 4 Luhya 67 11.5 5 Kisii 36 6.2 6 Kamba 29 5.0 7 Samburu 18 3.1 8 Meru 17 2.9 9 Somali 7 1.2 10 Embu 6 1.0 11 Turkana 5 0.9 12 Taita 4 0.7 13 Mijikenda 3 0.5 14 Borana 2 0.3 15 Maasai 2 0.3 16 Kuria 1 0.2 Total 585 100

The Kikuyu community is also the largest within the senior staff composition. However, it stands at 33.3%, the exact proportion stipulated by section 7(2) of the NCI Act.

Table 72: Ethnic Distribution of Teaching staff of Laikipia University College Ethnic Group Number Percentage 1 Kikuyu 33 33.3 2 Luhya 17 17.2 3 Luo 17 17.2 4 Kalenjin 9 9.1 5 Kisii 7 7.1 6 Kamba 6 6.1 7 Meru 6 6.1 8 Samburu 2 2.0 9 Embu 1 1.0 10 Kuria 1 1.0 Total 99 100

79 Embu University College 4. Kisii 5 10.9 The Embu Agricultural Staff Training (EAST) College was established in 1947 as an 5. Kalenjin 4 8.7 agriculture training school for pre-service training at certificate level to Kenya 6. African Preliminary Examination (KAPE) students. Later in 1968, the Centre was re- Luhya 4 8.7 named Embu Institute of Agriculture and started admitting secondary school leavers 7. Luo 3 6.5 for two-year certificate training as Technical Assistants. In 1990, it was up-graded to 8. Kamba 2 4.3 an Agricultural Staff Training College whose mandate was to develop and implement 9. Somali 1 2.2 short management and technical courses, and offer research and consultancy services to enhance performance in the agricultural sector. Total 46 100

In June 2011 the College was converted to Embu University College (EUC) through a Legal Notice No. 65 of 17th June, 2011. The EUC council was inaugurated after its Pwani University upgrading from Embu Agricultural Staff Training (EAST) College. The objective of the Pwani University was a Constituent College of Kenyatta University before it was University College is to play a leading role in the development and expansion of the awarded a charter. The College, formerly Kilifi Institute of Agriculture was established opportunities for higher education and research in Agriculture, Agribusiness, on 23 August 2007. The award of a University Charter makes Pwani the first Veterinary Medicine, Forestry, Water andBiological and Physical sciences. University in the region with a mandate to offer a comprehensive array of degree programs. The University has 223 members of staff and eight Council Members as per the data th shared on 17 November 2015. The Principal, Prof. Daniel Mugendi Njiru, is Meru. The University has 397 staff members as per the data shared on 7th January 2016. The Vice Chancellor, Prof. Mohamed Rajab is a Swahili. Embu University College contravenes Section 7(2) of the NCI Act. The composition of the general staff comprises of 37.2% of the Embu ethnic group. Pwani University contravenes Section 7(2) of the NCI Act. The dominant ethnic group, Mijikenda, comprises 37.3% of the workforce. This exceeds the required threshold of Table 73: Ethnic Representation of Embu University College General Staff 33.33%.

Ethnic Group Number Percentage 1 Embu 83 37.2 Table 75: Ethnic Composition of Pwani University General Staff 2 Kikuyu 45 20.2 Ethnic Group Number Percentage 3 Meru 38 17.0 1. Mijikenda 148 37.3 4 Kalenjin 12 5.4 2. Luo 49 12.3 5 Kisii 11 4.9 3. Luhya 47 11.8 6 Luhya 11 4.9 4. Kikuyu 44 11.3 7 Luo 11 4.9 5. Taita 36 9.2 8 Kamba 10 4.5 9 Somali 1 0.4 6. Kamba 23 5.8 10 Taita 1 0.4 7. Swahili 15 3.8 Total 223 100 8. Kalenjin 12 3.0 9. Kisii 7 1.8 However, the ethnic composition of senior staff complies with the NCI Act. The largest 10. African 3 0.8 ethnic community, the Kikuyu, comprises of 23.9% of the employees. 11. Meru 2 0.5

Table 74: Ethnic Composition of Embu University senior Staff 12. Kenyan Asian 2 0.5 13. Taveta 2 0.5

Ethnicity Number Percentage 14. American 1 0.3 1. Kikuyu 11 23.9 15. Kenyan Arab 1 0.3 2. Meru 9 19.6 16. Nubi 1 0.3 3. Embu 7 15.2

80 4. Kisii 5 10.9 5. Kalenjin 4 8.7 6. Luhya 4 8.7 7. Luo 3 6.5 8. Kamba 2 4.3 9. Somali 1 2.2 Total 46 100

Pwani University Pwani University was a Constituent College of Kenyatta University before it was awarded a charter. The College, formerly Kilifi Institute of Agriculture was established on 23 August 2007. The award of a University Charter makes Pwani the first University in the region with a mandate to offer a comprehensive array of degree programs.

The University has 397 staff members as per the data shared on 7th January 2016. The Vice Chancellor, Prof. Mohamed Rajab is a Swahili.

Pwani University contravenes Section 7(2) of the NCI Act. The dominant ethnic group, Mijikenda, comprises 37.3% of the workforce. This exceeds the required threshold of 33.33%.

Table 75: Ethnic Composition of Pwani University General Staff Ethnic Group Number Percentage 1. Mijikenda 148 37.3 2. Luo 49 12.3 3. Luhya 47 11.8 4. Kikuyu 44 11.3 5. Taita 36 9.2 6. Kamba 23 5.8 7. Swahili 15 3.8 8. Kalenjin 12 3.0 9. Kisii 7 1.8 10. African 3 0.8 11. Meru 2 0.5 12. Kenyan Asian 2 0.5 13. Taveta 2 0.5 14. American 1 0.3 15. Kenyan Arab 1 0.3 16. Nubi 1 0.3

81 17. Somali 1 0.3 The Technical University of Mombasa has 753 members of staff. The majority of its 18. Suba 1 0.3 employees come from the Mijikenda ethnic group which forms 34.5% of the entire staff population. 19. Other Kenyan 1 0.3 Total 397 100.0 Table 77: Ethnic distribution of Technical university of Mombasa general staff Ethnic representation among senior staff at Pwani University complies with the NCI No. Ethnicity Number Percentage Act. The majority ethnic group forms 21.8% of the staff and are drawn from the 1. Mijikenda 260 34.5 Mijikenda community. 2. Luhya 92 12.2

3. Table 76: Ethnic Distribution of Pwani University Senior Staff Luo 77 10.2 4. Ethnicity Number Percentage Kamba 75 10.0 5. 1. Mijikenda 39 21.8 Taita 68 9.0 6. 2. Luo 28 15.6 Kikuyu 65 8.6 7. 3. Luhya 28 15.6 Kisii 34 4.5 8. 4. Kikuyu 28 15.6 Kalenjin 20 2.7 9. 5. Taita 14 7.8 Swahili 16 2.1 10. 6. Kamba 13 7.3 Meru 13 1.7 11. 7. Swahili 9 5.1 Kenyan Arab 8 1.1 12. 8. Kalenjin 7 3.9 Taveta 4 0.5 13. 9. African 4 2.1 Embu 3 0.4 14. 10. Kisii 2 1.1 Mbeere 3 0.4 15. 11. Kenyan Asian 2 1.1 Nubian 3 0.4 16. 12. Meru 1 0.6 Other Kenyan 3 0.4 17. 13. American 1 0.6 Samburu 2 0.3 18. 14. Somali 1 0.6 Suba 2 0.3 19. 15. Suba 1 0.6 Teso 1 0.1 20. 16. Other Kenyan 1 0.6 Borana 1 0.1 21. Total 179 100 Maasai 1 0.1 22. Somali 1 0.1 23. Kenyan Asian 1 0.1 Technical University of Mombasa Total 753 100.0 The origin of TUM can be traced back to the late 1940‘s as a result of the consultations pioneered by Sir Philip Mitchell in 1948 between The Aga Khan, the The Technical University of Mombasa has 217 staff in its senior management. Only Sultan of Zanzibar, the Secretary of State for the colonies, Sir Bernard Reilly and H. 18.4% come from the Mijikenda ethnic community. M. Treasury.Out of these consultations, Mombasa Institute of Muslim Education (MIOME) was founded. In 1966 MIOME become Mombasa Technical Institute (MTI) Table 78: Ethnic distribution of Technical university of Mombasa Senior staff which transformed to become the Mombasa Polytechnic in 1976, becoming the 2nd No. Ethnicity Number Percentage National Polytechnic in Kenya. The government converted the Polytechnic to a 1. University College in 2007, through a Legal Notice No. 160.In 2013 Mombasa Mijikenda 40 18.4 polytechnic University College (MPUC) became Technical University of Mombasa after 2. Kikuyu 36 16.6 being fully-fledged. 3. Luhya 36 16.6 4. Luo 31 14.3 5. Kamba 25 11.5

82 The Technical University of Mombasa has 753 members of staff. The majority of its employees come from the Mijikenda ethnic group which forms 34.5% of the entire staff population.

Table 77: Ethnic distribution of Technical university of Mombasa general staff No. Ethnicity Number Percentage 1. Mijikenda 260 34.5 2. Luhya 92 12.2 3. Luo 77 10.2 4. Kamba 75 10.0 5. Taita 68 9.0 6. Kikuyu 65 8.6 7. Kisii 34 4.5 8. Kalenjin 20 2.7 9. Swahili 16 2.1 10. Meru 13 1.7 11. Kenyan Arab 8 1.1 12. Taveta 4 0.5 13. Embu 3 0.4 14. Mbeere 3 0.4 15. Nubian 3 0.4 16. Other Kenyan 3 0.4 17. Samburu 2 0.3 18. Suba 2 0.3 19. Teso 1 0.1 20. Borana 1 0.1 21. Maasai 1 0.1 22. Somali 1 0.1 23. Kenyan Asian 1 0.1 Total 753 100.0

The Technical University of Mombasa has 217 staff in its senior management. Only 18.4% come from the Mijikenda ethnic community.

Table 78: Ethnic distribution of Technical university of Mombasa Senior staff No. Ethnicity Number Percentage 1. Mijikenda 40 18.4 2. Kikuyu 36 16.6 3. Luhya 36 16.6 4. Luo 31 14.3 5. Kamba 25 11.5

83 Garissa University College On 1 September 1988, retired President Moi, declared JKUAT a constituent College of Garissa University College was founded in 2011 as a constituent college of Moi Kenyatta University through a legal notice, under the Kenyatta University Act (CAP University, in the facilities of the former Garissa Teachers Training College. 210C). The name of JKUAT officially changed to Jomo Kenyatta University College of

Jomo Kenyatta University of Agriculture and Technology has a total of 2,452 employees as per the data sent on 17th November 2015.

The Vice Chancellor, Professor Mabel Imbuga, is Luhya.

The Jomo Kenyatta University of Agriculture and Technology contravenes the NCI Act since the Kikuyu ethnic group make up 45.2% of the general staff.

85 Kenyatta University has 2,763 members of staff. 39.8% of these staff belong to the The composition of senior staff at JKUAT has majority employees from the Kikuyu Kikuyu community. community which stand at 38.2%. Table 65: Ethnic distribution of KU general staff Table 64: JKUAT Senior Staff Representation by Ethnic Group Ethnicity Number Percentage 1. Ethnic Group Number Percentage Kikuyu 1100 39.8 2. Luhya 366 13.2 1 Kikuyu 312 38.2 3. Luo 289 10.5 2 Luhya 122 14.9 4. Kamba 287 10.4 3 Luo 103 12.6 5. Kisii 182 6.6 4 Kamba 76 9.3 6. Meru 173 6.3 5 Kisii 66 8.1 7. Kalenjin 171 6.2 6 Kalenjin 45 5.5 8. Embu 62 2.2 9. 7 Meru 41 5.0 Foreigner 33 1.2 10. Mijikenda 30 1.1 8 Embu 9 1.1 11. Taita 19 0.7 9 Swahili 6 0.7 12. Borana 11 0.4 10 Mijikenda 5 0.6 13. Mbeere 11 0.4 11 African 8 1.0 14. Somali 6 0.2 12 Maasai 4 0.5 15. Kuria 5 0.2 13 Taita 4 0.5 16. Other 14 Borana 3 0.4 Kenyans 5 0.2 17. 15 European 2 0.2 Teso 5 0.2 18. 16 Kenyan Asian 2 0.2 Maasai 4 0.1 19. Samburu 3 0.1 17 Kuria 2 0.2 20. Kenyan Asian 1 0.0 18 Somali 2 0.2 Total 2763 100.0 19 Kenyan Arab 1 0.1 20 Burji 1 0.1 21 Nubi 1 0.1 Table 66 below illustrates that the Kikuyu form the majority of employees within the senior management of Kenyatta University. 22 Rendile 1 0.1

23 Samburu 1 0.1 Table 66: Ethnic distribution of KU senior staff Total 817 100.0 Ethnicity Number Percentage 1. Kikuyu 317 34.2

86 Kenyatta University has 2,763 members of staff. 39.8% of these staff belong to the Kikuyu community.

Table 66 below illustrates that the Kikuyu form the majority of employees within the senior management of Kenyatta University.

87 10. Mijikenda 10 1.1 Among the senior staff, Maasai Mara has hired 17.9% from the Kikuyu community. 11. Somali 5 0.5 12. Taita 4 0.4 13. Borana 3 0.3 Table 68: Ethnic distribution of Maasai Mara University senior staff 14. Kuria 3 0.3 No. Ethnicity Number Percentage 15. Other 1. Kenyan 2 0.2 Kikuyu 25 17.9 2. 16. Mbeere 2 0.2 Luhya 25 17.9 3. 17. Samburu 1 0.1 Luo 23 16.4 4. 18. Teso 1 0.1 Kisii 22 15.7 5. Total 926 100.0 Kalenjin 18 12.9 6. Maasai 12 8.6 Maasai Mara University 7. Kamba 5 3.6 Maasai Mara is an institution of higher learning based in Narok County. It has 531 8. Kuria 3 2.1 members of staff. The University contravenes the NCI Act since it has employed more 9. Meru 3 2.1 than 38.8% of its staff from one ethnic group. This is beyond the 33.3% threshold set 10. Embu 2 1.4 in section 7(2) of the NCI Act. The majority of the University‘s employees are from the 11. Kenyan Asian 1 0.7 Maasai community. 12. Teso 1 0.7 Table 67: Ethnic distribution of Maasai Mara University general staff Total 140 100.0

88 Among the senior staff, Maasai Mara has hired 17.9% from the Kikuyu community.

Table 68: Ethnic distribution of Maasai Mara University senior staff

Taita Taveta University College

Taita Taveta University College opened her gates in 2007 as Jomo Kenyatta University of Agriculture and Technology (JKUAT) TaitaTaveta Campus and later in 2011 was upgraded to a Constituent.

Taita Taveta University has 250 staff members as per the data shared on 7th January 8, 2016. The Principal, Hamadi Iddiboga, is Mijikenda.

Taita Taveta University College contravenes section 7(2) of the NCI Act. The dominant ethnic group, the Taveta, comprise of 38% of the workforce.

Table 69: Ethnic Composition of TTUC General Staff

Ethnic Group Number Percentage 1. Taita 95 38.0 2. Mijikenda 30 12.0 3. Luo 28 11.2 4. Kamba 27 10.8 5. Kikuyu 15 6.0 6. Kalenjin 14 5.6

89 7. Luhya 13 5.2 8. Taveta 12 4.8 Table 71: Ethnic Distribution of General Staff of Laikipia University College Ethnic 9. Kisii 7 2.8 Group Number Percentage 10. Meru 6 2.4 1 Kikuyu 220 37.6 11. Swahili 1 0.4 2 Kalenjin 88 15.0 12. Borana 1 0.4 3 Luo 80 13.7 13. Sabaot 1 0.4 4 Luhya 67 11.5 Total 250 100 5 Kisii 36 6.2

Group Number Percentage

Laikipia University 1 Kikuyu 33 33.3 2 Luhya 17 17.2

Laikipia University has contravened the NCI Act. The largest ethnic group that has Total 99 100 been employed at the university is the Kikuyu which forms 37.6% of the general staff.

The Kikuyu community is also the largest within the senior staff composition. However, it stands at 33.3%, the exact proportion stipulated by section 7(2) of the NCI Act.

91 Embu University College 4. Kisii 5 10.9 The Embu Agricultural Staff Training (EAST) College was established in 1947 as an 5. Kalenjin 4 8.7 agriculture training school for pre-service training at certificate level to Kenya 6. African Preliminary Examination (KAPE) students. Later in 1968, the Centre was re- Luhya 4 8.7 named Embu Institute of Agriculture and started admitting secondary school leavers 7. Luo 3 6.5 for two-year certificate training as Technical Assistants. In 1990, it was up-graded to 8. Kamba 2 4.3 an Agricultural Staff Training College whose mandate was to develop and implement 9. Somali 1 2.2 short management and technical courses, and offer research and consultancy services to enhance performance in the agricultural sector. Total 46 100

Table 74: Ethnic Composition of Embu University senior Staff 12. Kenyan Asian 2 0.5 13. Taveta 2 0.5

Ethnicity Number Percentage 14. American 1 0.3 1. Kikuyu 11 23.9 15. Kenyan Arab 1 0.3 2. Meru 9 19.6 16. Nubi 1 0.3 3. Embu 7 15.2

92 4. Kisii 5 10.9 5. Kalenjin 4 8.7 6. Luhya 4 8.7 7. Luo 3 6.5 8. Kamba 2 4.3 9. Somali 1 2.2 Total 46 100

The University has 397 staff members as per the data shared on 7th January 2016. The Vice Chancellor, Prof. Mohamed Rajab is a Swahili.

Pwani University contravenes Section 7(2) of the NCI Act. The dominant ethnic group, Mijikenda, comprises 37.3% of the workforce. This exceeds the required threshold of 33.33%.

93 17. Somali 1 0.3 The Technical University of Mombasa has 753 members of staff. The majority of its 18. Suba 1 0.3 employees come from the Mijikenda ethnic group which forms 34.5% of the entire staff population. 19. Other Kenyan 1 0.3 Total 397 100.0 Table 77: Ethnic distribution of Technical university of Mombasa general staff Ethnic representation among senior staff at Pwani University complies with the NCI No. Ethnicity Number Percentage Act. The majority ethnic group forms 21.8% of the staff and are drawn from the 1. Mijikenda 260 34.5 Mijikenda community. 2. Luhya 92 12.2

94 The Technical University of Mombasa has 753 members of staff. The majority of its employees come from the Mijikenda ethnic group which forms 34.5% of the entire staff population.

The Technical University of Mombasa has 217 staff in its senior management. Only 18.4% come from the Mijikenda ethnic community.

Table 78: Ethnic distribution of Technical university of Mombasa Senior staff No. Ethnicity Number Percentage 1. Mijikenda 40 18.4 2. Kikuyu 36 16.6 3. Luhya 36 16.6 4. Luo 31 14.3 5. Kamba 25 11.5

95 6. Taita 15 6.9 7. Kisii 10 4.6 8. Swahili 5 2.3 9. Meru 5 2.3 10. Kalenjin 4 1.8 11. Kenyan Arab 3 1.4 12. Suba 2 0.9 13. Embu 1 0.5 Emerging Issues 14. Maasai 1 0.5 15. Mbeere 1 0.5 Reducing Tribalism With the increasing scourge of tribalism in Kenya, the only way to fight tribalism is by 16. Somali 1 0.5 making the ‗tribe‘ irrelevant in the allocation of scarce but important national 17. Kenyan Asian 1 0.5 resources including positions in government. When we have a country where merit Total 217 100.0 holds sway in appointments and allocation of other important resources, then we will be able to safely say that we have made headway in the fight against negative ethnicity. This study is a bid to fulfil the Commission‘s function of ensuring inclusivity and enhancing equal opportunity in sharing of university employment in Kenya. This will then make the tribe irrelevant thus reduce tribalism in Kenya.

Lack of Innovation and Solutions through Research The lack of diversity in universities is blamed for reduced innovation and inability to find solutions for societal problems such as tribalism through research.

Student and Human Resource Development Skewed representation of the university staff seems to affect the progress and development of students. In some universities, departments are perceived as being dominated by certain ethnic groups. Students of these ethnicities are also drawn to enroll in the said departments due to the perception that they will have an easier time to undertake their studies.

Conclusions

In conclusion, several public universities and constituent colleges in Kenya have not adhered to section 7(2) of the NCI Act. This may have been aggravated by history, the political context in which they operate and bad governance. As a result, there is need to develop strategies that universities can adopt in order to realize inclusivity and diversity in this spaces.

Recommendations

The study makes several recommendations to various actors.

This report illustrates that tribalism is a challenge not just affecting politics but also the learning institutions. Consequently, it is crucial for this report to be considered in the development of a Kenyan policy on Inclusive Employment.

Further, university policies such as academic freedom and enrollment and hiring policies communicate substantive values about the institution‘s position on tolerance

Emerging Issues

Reducing Tribalism With the increasing scourge of tribalism in Kenya, the only way to fight tribalism is by making the ‗tribe‘ irrelevant in the allocation of scarce but important national resources including positions in government. When we have a country where merit holds sway in appointments and allocation of other important resources, then we will be able to safely say that we have made headway in the fight against negative ethnicity. This study is a bid to fulfil the Commission‘s function of ensuring inclusivity and enhancing equal opportunity in sharing of university employment in Kenya. This will then make the tribe irrelevant thus reduce tribalism in Kenya.

Conclusions

Recommendations

The study makes several recommendations to various actors.

Further, university policies such as academic freedom and enrollment and hiring policies communicate substantive values about the institution‘s position on tolerance

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