Khalwale explains why he wants Mutua to resign as CS
By William Muthama, May 14, 2025Labour and Social Protection Cabinet Secretary Alfred Mutua on Wednesday, May 15, 2025, faced sharp criticism from senators over the government’s failure to implement the constitutional requirement to reserve at least five per cent of public sector jobs for persons with disabilities.
Mutua, who appeared before the Senate alongside his counterparts from the Health and MSMEs ministries, was taken to task over what lawmakers termed a consistent failure by his ministry to uphold the rights of Kenyans living with disabilities.
Khalwale demands
Kakamega County Senator Boni Khalwale led the charge, accusing Mutua of offering vague responses and lacking a clear roadmap for enforcement of the employment quota, as provided for in Article 54(2) of the Constitution of Kenya.
“I want to draw the attention of the CS to the figure of five per cent,” Khalwale said. “This House is expected to be properly constituted when we have at least two senators living with disability. In your case, it is five per cent. Listening to you, you are giving the country the runaround.”
He added: “This failure by you and your ministry on the issue of the five per cent is a reflection of your failure in the employment of our youths outside the country. Those youths asked me this morning, because they knew you were coming, to demand of you—which I now do—that you resign as CS. Are you willing to do so so that you can be properly investigated?”
Mutua Responds
In response, Mutua acknowledged the concern but attributed the failure to implement the quota to a lack of legal enforcement mechanisms.
“We have put in place a system where we are asking people to take action, but there is no enforcement mechanism,” the CS explained. “There is nothing that can be done to someone when they fail to comply; there is no law.”
He added that the ministry plans to issue guidelines and propose new policies to address the loophole: “We have to be innovative, and I will soon be issuing directives in the form of guidelines, as well as bringing some ideas to this House to help us move forward.”
Constitutional provision
Article 54(2) of the Constitution of Kenya stipulates that the State shall ensure that at least five per cent of members of the public in elective and appointive bodies are persons with disabilities.
However, activists and lawmakers have long accused the government of failing to honour this requirement, particularly in public service appointments and recruitments.
Senators now want Mutua to provide a clear timeline and action plan on how the government will actualize the constitutional threshold and ensure accountability in the recruitment of persons living with disabilities.