JSC Clarifies Why Candidates Are Asked About Their Tribes: "It's In Compliance With Constitution"

• @HezeKE8 claimed that the commission's practice of asking interviewees about their tribes at the beginning of interviews indicates tribalism
• According to him, many qualified Kenyans have been discouraged from applying for certain positions because of their tribal ties
• JSC disclosed three articles of the constitution that require all state organs to ask about candidates' tribes to ensure regional balance in employment

Nancy Odindo, a journalist at TUKO.co.ke, brings more than three years of experience covering politics, news, and feature stories across digital and print media in Kenya.

The Judicial Service Commission (JSC) has responded to allegations made by a man who asserted that tribalism is entrenched within the commission, particularly during interviews.

@HezeKE8 claimed that the commission's practice of openly asking interviewees about their tribes at the beginning of interviews indicates tribalism within the body.

According to him, this process has deterred many qualified individuals from applying for positions due to fear that their tribal affiliation could lead to their disqualification.

"In my view, the Judicial Service Commission has entrenched tribalism. You cannot start interviews with questions intended to identify someone's tribe. Nobody cares about the tribe that most hawkers are. No one cares about the tribe that the most jailed people are. No one cares about the tribe that most prostitutes are.

Why do you care about tribe when it comes to public office despite the applicant having merit? It has reached a point whereby certain people even with better merits don't bother applying for jobs because of this!" he claimed.

How did JSC respond to tribalism allegations?

Addressing his concern, JSC clarified that their interview process aligns with the provisions of the Kenyan Constitution of 2010.

They elaborated that the primary objective of this approach is to guarantee regional balance in the allocation of job opportunities.

"The reason why the JSC commences interviews by asking a candidate to confirm their tribe complies with the Constitution of Kenya 2010 that requires all state organs to ensure regional balance when offering employment opportunities.

This is outlined in the following sections; Article 10 of the Constitution on National Values & Principles of Governance, Article 27 on Equality and Freedom from Discrimination, and Article 56 on Minorities and Marginalised groups," added the response.

@HezeKE8 remained unconvinced, arguing that the clauses should be revisited as their original intention was not to perpetuate tribal considerations

"Those clauses in the constitution were intended to eliminate cronyism and not to entrench tribal considerations. They were a wrong approach and should be revisited," he argued.

JSC turns down Wafula Chebukati's application

Meanwhile, JSC recently rejected 41 out of 82 applicants interested in becoming Court of Appeal judges.

Among the prominent people not shortlisted for the positions included former IEBC chairperson Wafula Chebukati and Justice Nixon Sifuna.

Ex-IEBC chair Isaack Hassan was among those shortlisted for the position.

Proofreading by Nyambura Guthua, journalist and copy editor at TUKO.co.ke