Backdoor employment: Why Foreign Affairs is on the spotlight

A new report has put the Ministry of Foreign and Diaspora Affairs on the spot for opaque and non-competitive recruitment of staff.

The Ministry declared 16 vacancies for foreign service cadets — entry level jobs for diplomats — but eventually employed almost double the number under unclear circumstances.

In a new audit report, Auditor General Nancy Gathungu found the Roseline Njogu-led department of Diaspora Affairs in breach of policy guidelines for employing in excess of the approved staff establishment.

Gathungu found that the department declared 16 vacancies for Foreign Service Officers III through a letter to the Public Service Commission on October 11, 2023.

However, the PSC in a letter dated February 15, 2024 approved the employment of 22 officers to fill the vacancies, six more than the vacancies announced.

“This was contrary to Section B.4 of the Human Resource Policies and Procedures Manual for the Public Service, 2016 which requires Ministries and State Departments to advertise all vacant posts in a manner that reaches the widest pool of potential applicants and allow for at least 21 days before closing the advert,” the auditor’s report said.

Further, Gathungu found that the PSC appointed 28 Foreign Service cadets through a letter dated August 2, 2023 in excess of approved staff establishment.

Apart from the opaque hiring, the auditor general also uncovered excess staff than is authorized.

“The diaspora welfare and rights directorate had 34 in post against 14 authorized, resulting in 20 excess. Further, the diaspora investment and entrepreneurship directorate had 33 in post against 16 authorized, resulting in 17 excess in post,” Gathungu found.

She added that evidence of advertisement of the vacancies and the approval to recruit beyond the approved establishment was not provided for audit.

The audit also found the department in breach of law for failing to update employee and employer deductions for NSSF Tier II effective February 2024 in compliance with the NSSF notification.

Excess staff come with extra cost to the ministry, at a time the government is facing financial constraints amid a blotted wage bill.

The Ministry of Foreign Affairs, under which Diaspora Affairs is domiciled, has in recent times faced difficulties to pay staff, including diplomats abroad.

This has been blamed on Treasury delays in releasing funds, leading to financial hardship and even evictions for some diplomats.

The Auditor General’s findings also come months after the National Wage Bill Conference 2024 held towards achieving a wage-bill-to-revenue ratio of 35 per cent by 2028.

The Public Finance Management (PFM) Act, 2012, and PFM Regulations, 2015, provide that not more than 35 per cent of the total ordinary revenue should be spent on the public service wage bill.

Despite this provision, Kenya’s public service wage bill has been on an upward trend, rising from Sh563.1 billion in the 2014-15 financial year to Sh1.035 trillion in the 2021-22 FY.

Among the 10 key resolutions was that all Ministries, Departments and Agencies, State Corporations at the national government level are to refine their strategies and action plans to achieve the target.

“These strategies and action plans to be submitted to their respective Cabinet Secretary by 30 June 2024 for approval. The National Treasury and the Controller of Budget to progressively monitor the trajectory and ensure that provision of Personnel Emolument do not exceed the 35 per cent threshold, by 30 June 2028,” the report said.

The public service institutions were directed to review and rationalise their staff establishments with a view to align to affordability, fiscal sustainability, right composition, skills set and fit for purpose organisation structures.

Other recommendations included employment measures limiting new hiring to help reduce government employment in the short term, while ensuring optimal usage of the available staff resources to ensure effective service delivery..