NAIROBI, Kenya – A legal battle is unfolding over controversial promotions at the Office of the Attorney General (AG) after the Public Service Commission (PSC) ruled them unconstitutional.
The PSC has backed a petition challenging the appointments, arguing they were made without fair competition and violated constitutional principles of gender and ethnic balance.
The Employment and Labour Relations Court had already suspended the promotions, with a hearing scheduled for next week.
The dispute stems from a petition filed by Benjamin Magare-Gikenyi, who claims the promotions—announced on November 26, 2024—were unfairly awarded.
According to Gikenyi, nine of the 15 senior positions went to individuals from the same ethnic group, while 12 of the appointees were women.
He argues this lack of inclusivity breaches constitutional and legal hiring requirements.
PSC has reinforced these concerns, stating in court filings that the appointments were in “gross violation” of the Constitution, the Public Service Act, and the AG’s own regulatory framework.
John Kimani, a PSC director, emphasized that adherence to constitutional hiring principles is mandatory in public service.
“Compliance with these requirements is not a matter of choice but a mandatory duty,” he said, warning that failure to uphold merit-based hiring could foster impunity in government institutions.
The commission also distanced itself from the promotions, claiming its representative at the AG’s advisory board meeting was misled into believing due process had been followed.
The fallout has been severe, with PSC announcing that its chairperson would no longer participate in the AG’s advisory board.
“As a result of the impugned promotions, the commission has deemed its participation in the Advisory Board of the Office of the Attorney-General no longer tenable,” PSC stated in court documents.
The promotions, announced by Solicitor-General Shadrack Mose, had elevated officials to key positions, including senior Deputy Attorneys-General, Deputy Attorneys-General, chief state counsel, and principal state counsel.
In response, the AG’s office insists the appointments followed legal procedures.
Oscar Eredi, representing the AG, told the court that the promotions were necessary due to restructuring after the AG’s office was delinked from PSC.
He argued that a previous advertisement for the positions had been disrupted by the transition.
“Following the delinking, the Attorney-General embarked on the process of operationalizing the Act in line with the amendments that had been made thereto,” Solicitor-General Mose stated in an affidavit.
The AG’s office also defended the gender composition of its staff, pointing out that women make up about 70% of its workforce.
Despite this defense, the court will ultimately decide whether the promotions stand or if they must be revoked.
Justice Byram Ongaya is set to give further directions on the case on February 11, 2025.
