The Judicial Service Commission has ordered an audit of the ethnic composition of its workforce.

This came after the Public Service Commission report showed public sector jobs are dominated by a few tribes.

The commission said on Thursday the diversity audit is necessary to ensure balanced ethnic representation in the jobs available in the Judiciary.

The audit will also focus on the representation of persons living with disability and gender diversity.

“JSC [has] approved that a diversity audit be commissioned in the Judiciary to enable data-driven employee engagement, growth and retention, while maintaining the constitutional requirements for a diverse workforce that empowers all, especially the vulnerable and marginalised,” the commission said.

This will aide the JSC to improve the number of employees living with disabilities from the current one to at least five per cent.

In the latest report covering the 2022-23 financial year, PSC found that out of the 46 ethnic communities, 35 out of 44 had normal representation in the public service.

The report published in January also found that Kikuyu and Kalenjin communities are grossly overrepresented in the public jobs. 

The two are followed closely by the Kisii and Luo communities.

The Maasai, Turkana, Luhya, Somalis and Mijikenda were classified as underrepresented.

The commission also announced it will create an employee protection unit to enhance reporting of sexual harassment cases in the Judiciary.

Besides the employee protection unit, the commission wants the Judiciary’s sexual harassment policy amended to encourage victims to come forward and report their experiences and ensure the perpetrators are brought to book.

“The commission approved the amendments and adopted the recommendations, key among them, the establishment of an Employee Protection Unit in the Office of the Chief Justice to develop and safeguard reporting mechanisms for victims of sexual harassment within the institution,” the commission announced on Thursday.

The unit will provide effective and confidential procedures for resolution of complaints related to sexual harassment and prevention standards, it said.

The commission also approved the creation of a gender unit to ensure the Judiciary remains compliant with the constitutional gender imperative.

The Judiciary is the only arm of government that is compliant with the two-thirds gender rule. 

In 2021, the commission approved the Judiciary Sexual Harassment, Gender Mainstreaming and the Affirmative Action and Diversity policies to create a safe working environment and ensure equality of all persons.

It also aimed at elimination of all forms of gender-based discrimination in judicial management, administration and service delivery.

The policies Implementation and Oversight Committee chaired by Supreme Court judge Njoki Ndung'u briefed the commission on the application of the policies and the gaps that had been witnessed.

The committee made recommendations and proposed amendments to enhance effective implementation of the policies.