The Nairobi Employment and Labour Relations Court has nullified recent promotions at the Office of the Attorney General (AG) over violations of competitive recruitment procedures. This ruling, delivered by Justice Byram Ongaya, highlights the need for transparency and meritocracy in Kenya’s public service.
In late 2024, the AG’s office promoted 15 senior staff members, including Senior Deputy Solicitor General and Deputy Solicitor General. However, Dr. Benjamin Magare-Gikenyi, a public interest petitioner, challenged the promotions, arguing they were conducted unfairly, lacked transparency, and disregarded constitutional requirements.
According to Dr. Magare-Gikenyi, the AG’s office failed to adhere to Kenya’s Constitution and Public Service Values and Principles Act, which require fair, merit-based, and inclusive hiring practices. He emphasized the need for equal opportunities, gender balance, and regional diversity in government appointments.
The court supported the petitioner’s claims and ruled that the promotions were unconstitutional and uncompetitive. Justice Ongaya ordered the appointments to be suspended until a fair and transparent recruitment process is conducted.
The Public Service Commission (PSC) also supported the ruling, reinforcing the importance of following Kenya’s constitutional and statutory guidelines for public service appointments.
This ruling sends a clear message to all government institutions to strictly comply with recruitment laws. It emphasizes the importance of merit, transparency, and inclusivity in Kenya’s public sector.
