NAIROBI, Kenya — A Nairobi court has cleared the way for the Public Service Commission (PSC) to begin paying special legal and non-practice allowances to qualified public sector advocates, marking a significant win for legal officers across government institutions.
The allowances, set to take effect on July 1, will benefit advocates of the High Court in public service who meet strict eligibility criteria, including holding a law degree (LL.B), a postgraduate diploma from the Kenya School of Law, and being in good standing with the Law Society of Kenya.
The decision follows a ruling by a three-judge bench, which upheld an earlier Employment and Labour Relations Court decision confirming the PSC’s mandate to set and harmonize terms for public officers across all institutions.
The judgment ensures that public bodies must implement the directive uniformly, closing a long-standing pay disparity among legal officers.
In its implementation circular, the PSC said the allowances apply to legal officers involved in duties such as court representation, legal advisory, contract reviews, compliance oversight, and legislative drafting.
The allowance rates will range from Ksh 15,000 to Ksh 55,000 per month, depending on job group.
For instance, legal officers in CSG 5 and above will receive Ksh 40,000 as a non-practice allowance and Ksh 55,000 for prosecutorial or special legal roles.
The PSC also urged government institutions to reduce their reliance on external legal counsel and fully utilize their in-house legal teams, a move it says will cut costs and improve internal capacity.
Notably, the directive excludes state officers, county government staff, and those employed under the Parliamentary, Judicial, Teachers, and Police Service commissions.
This circular overrides previous ones issued in 2010 and 2012, and is expected to bring long-awaited relief and recognition to government-employed legal professionals who have lobbied for equitable remuneration for years.
