Nairobi, Kenya – A Kenyan High Court delivered a significant ruling on May 30, annulling the promotions of more than 200 officials within the Attorney General’s office. Justice Byram Ongaya determined that the appointment process, conducted in 2024, fundamentally violated constitutional provisions and established civil service requirements for fair and competitive selection.

Details of the Ruling

The promotions in question, which included senior positions such as Senior and Deputy Solicitor-Generals, along with numerous other State Counsel and paralegal posts, originated from a November 2024 internal memo. In his judgment, Justice Ongaya highlighted several irregularities, noting that a disproportionate number of the appointees hailed from the same ethnic background. Furthermore, he found that the promotion process had improperly sidestepped the crucial oversight role of the Public Service Commission (PSC). “The court has found that the impugned promotions are unconstitutional and null,” Justice Ongaya stated unequivocally during the delivery of the ruling.

Broader Implications

In addition to nullifying the specific promotions, the judge also struck down a 2024 legislative amendment to the Office of the Attorney General Act. This amendment had sought to transfer significant hiring and promotion powers away from the PSC to the AG's office directly. Justice Ongaya ruled that such changes also contravened the constitutional balance of powers and separation of duties. Consequently, all affected promotions were set aside, and the Office of the Attorney General has been directed to restart the entire appointment process, ensuring strict compliance with fair, transparent, and merit-based procedures as mandated by law.