Court overturns promotion of over 200 staff at Attorney General’s office
The court further found that the promotions failed to comply with constitutional requirements on fair competition, transparency, and representation.
The Employment and Labour Relations Court has overturned last year’s promotion appointments of more than 200 employees at the Office of the Attorney General, citing a lack of competitiveness and ethnic and gender diversity.
In a judgement delivered by Justice Byram Ongaya, the court ruled that the promotions lacked a merit-based process, stating that the entire process, as communicated by the Solicitor-General, is hereby quashed.
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“The promotions announced by Solicitor-General Shadrack Mose via a memo dated November 26, 2024, were declared unconstitutional, irregular, null and void,” the judgement reads.
The court further found that the promotions failed to comply with constitutional requirements on fair competition, transparency, and representation.
Justice Ongaya also declared amendments made to the Office of the Attorney General Act via the Statute Law (Miscellaneous Amendments) Act, 2024, unconstitutional.
In the case, Nakuru-based surgeon Benjamin Magare-Gikenyi and two others filed a petition challenging the legitimacy of the appointments.
According to court documents, the affected promotions included senior positions such as Senior Deputy Solicitor-General, Deputy Solicitor-General, Chief State Counsel, Deputy Chief State Counsel, and Principal State Counsel.
The petitioners argued that the promotions contravened established human resource procedures and reflected bias in terms of gender and ethnic representation.
“Despite vacancies being advertised by the Public Service Commission (PSC) in 2023 and early 2024, the final promotions were carried out without interviews, shortlisting, or any competitive process,” the petitioners claimed.
They further argued that of the 15 individuals promoted to Deputy Solicitor-General, 12 were women, suggesting a gender imbalance. Nine of the appointees reportedly came from the same ethnic community, the Kikuyu, breaching the constitutional requirement for ethnic and regional diversity.
The petitioners also raised concerns about the long-term impact of these appointments on departmental competence, noting that the only qualified legislative drafter in the team was nearing retirement, with no clear succession plan in place.
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