NAIROBI, Kenya – The Anti-Counterfeit Authority (ACA) is under renewed scrutiny following a report by the National Assembly’s Departmental Committee on Implementation, which found that the authority is failing to meet constitutional standards of ethnic diversity and equal opportunity in its workforce.
During a session led by Budalangi MP Raphael Wanjala, the committee directed the ACA to take swift action to address its lack of diversity and to report back within six months on the measures taken to ensure that its workforce better reflects Kenya’s ethnic and social makeup.
The ACA, tasked with fighting counterfeiting in the country, came under fire after a 2023 audit by the National Cohesion and Equal Opportunity Committee revealed that the agency had only hired staff from 16 out of Kenya’s 46 ethnic groups.
This significant underrepresentation has raised concerns about the ACA’s commitment to national cohesion, a principle enshrined in Kenya’s constitution.
Furthermore, the audit showed that only nine ethnic groups were represented in ACA’s senior management, with the majority of positions held by individuals from the Kikuyu, Luo, Kamba, and Kalenjin communities, which collectively accounted for over 54% of the workforce.
This lack of diversity was compounded by the underrepresentation of women and persons with disabilities.
According to the audit, only three women were included in ACA’s eleven-member senior management team, and the percentage of employees with disabilities stood at a mere 0.9%—far below the 5% required by law.
In defense of the authority’s record, ACA CEO Robi Njoroge appeared before the committee, emphasizing the agency’s commitment to upholding the principles of national cohesion.
“We are committed to upholding the principles of national cohesion and equal opportunity as enshrined in the constitution,” Njoroge asserted.
However, committee members were not convinced by his response.
MP Lilian Siyoi from Trans Nzoia expressed frustration with the lack of targeted efforts to improve the representation of people with disabilities.
“You have subjected people with disabilities to the same requirements and are expecting to improve their representation at the Authority,” she said, calling for a more proactive approach.
Similarly, Mandera South MP Haro Abdul criticized the ACA’s recruitment methods, urging the authority to adopt a more strategic approach to meet its diversity goals.
“You need to be a bit strategic in your recruitment policy if you’re to meet this constitutional imperative,” he said.
The committee has recommended several actions to improve the ACA’s diversity, starting with expanding recruitment efforts to reach a broader pool of applicants, particularly from underrepresented ethnic groups and communities.
They also called for collaboration with the National Council for Persons with Disabilities to ensure better representation of people with disabilities in the workforce.
Furthermore, the MPs recommended that the ACA promote qualified women already working within the organization to address the gender imbalance in senior management.
“Why is it taking you so long to get equal representation of women at the management level, yet you don’t have to wait for a fresh recruitment to do so?” MP Wanjala questioned. “Why not promote those already serving who have experience and have met the requirements?”
Despite the criticism, Njoroge promised to implement the committee’s recommendations, assuring lawmakers that the ACA would provide regular updates on its progress.
He committed to taking concrete steps towards improving ethnic, gender, and disability representation within the authority.
However, the committee made it clear that only measurable results would satisfy future reviews, and the ACA must submit a full report on its actions within six months.
“We are committed to working with the ACA to ensure that it fulfills its constitutional obligations,” MP Wanjala said. “This is not just about compliance; it’s about fairness and ensuring that all Kenyans have an equal opportunity to contribute to public service.
