Blow to AG office as court suspends promotions over fairness concerns

Employment and Labour Relations Court has suspended hundreds of recent promotions at the Attorney-General's office following allegations of non-competitive selection processes and a lack of ethnic and gender balance.

Justice Byram Ongaya issued the order on Wednesday, halting the promotions, which had been announced by Solicitor-General Shadrack Mose in a memo dated November 26, 2024.

The decision is in response to a petition filed by Dr Benjamin Magare-Gikenyi, challenging the legitimacy of the promotions. The court has also allowed the Attorney-General's office and the Public Service Commission (PSC) time to negotiate a resolution.

"Pending the return date, there be a stay of implementation of the promotions decisions, conveyed by internal memo dated November 26, 2024, with exceptions as it relates to senior state counsel and information communication technology officer," the judge ruled.

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Magare-Gikenyi's petition highlighted concerns about ethnic and gender representation, stating that out of 15 senior positions filled, nine were from one ethnic community, while 12 appointees were female. The disputed promotions included roles such as senior deputy solicitor-general, deputy solicitor-general, and principal state counsel.

While the case targets only 15 positions, the court has put all promotions on hold until the matter is resolved.

Lawyer Wangechi Gichangi, representing the petitioner, argued that the Attorney-General's office exceeded its mandate by bypassing competitive recruitment processes.

She noted that the PSC had received numerous complaints from staff who felt overlooked for the promotions. Gichangi warned that payments made to the promoted officers might not be recoverable if the court finds the process unlawful, but assured that procedural promotions would be compensated.

State lawyer Oscar Eredi defended the promotions, stating they were conducted procedurally but were affected by the ongoing transition separating the Attorney-General's office from the PSC.

"Following the delinking, the AG embarked on the process of operationalisation of the Act in line with the amendments that had been made thereto," Mose said in an affidavit.

He explained that the promotions were part of a staff review aimed at enabling the office to fulfil its constitutional mandate effectively.

Mose emphasised that considerations such as age, acting capacity, and regional balance were accounted for in the promotions. He also noted that women make up about 70 per cent of the workforce at the Attorney-General's office.

The court has scheduled a mention of the case for February 11, 2025, to provide further directions.