Court nullifies 227 promotions in AG’s office, declares process unlawful

A Nairobi labour court has nullified 227 appointments and promotions in the Office of the Attorney General, deeming the actions "constitutionally defective" and "unlawful".

The judgment, dated May 29, ruled that the promotions, communicated through an internal memo from the Solicitor General on November 26 last year, bypassed competitive procedures and the authority of the Public Service Commission (PSC).

Justice Byram Onganya stated, "The entire process resulting in the promotion of all interested parties is unconstitutional, irregular, null and void."

The court's decision affects senior ranks, including senior deputy solicitor general (CSG 3), deputy solicitor general (CSG 4), chief state counsel (CSG 5), deputy chief state counsel (CSG 6), and principal state counsel (CSG 7).

It found that the promotions were conducted without adherence to merit, fairness, and inclusivity principles.

"All appointments and promotions... must be based on fair competition, merit, gender balance, and ethnic and regional representation," the judgment emphasized.

The court cited violations of various constitutional articles and public service laws, highlighting concerns over the legality and transparency of the process.

It also addressed the role of an advisory board established under recent legislative amendments, ruling that it unlawfully usurped powers from the PSC.

In response, the court ordered the Attorney General to collaborate with the PSC to regularize the promotions, while directing the commission to investigate administrative practices in the AG’s Office.

It instructed the PSC to resolve long-standing issues of career progression within three months.