In a landmark legal decision, the Employment and Labour Relations Court has nullified the promotions of over 200 officials within Kenya’s Office of the Attorney General (AG), ruling that the process violated constitutional provisions and established standards for public service appointments. This judgment has sparked significant debate about transparency, fairness, and adherence to legal protocols in government employment practices.
Background of the Case
The controversy arose after a group of aggrieved officials from the AG’s office challenged the promotions, alleging that the process lacked transparency and failed to comply with constitutional and statutory requirements. The petitioners argued that the promotions were not based on merit and circumvented principles of fairness, competitive selection, and diversity as required by law.
Court’s Ruling: Promotions Declared Unconstitutional
After reviewing the evidence, the High Court found that the promotions—announced via a memo dated November 26, 2024—were conducted without a competitive process. There were no calls for applications, shortlisting, interviews, or evaluations, and the promotions failed to observe constitutional requirements for gender balance, ethnic representation, and regional diversity.
Key Highlights of the Judgment
- Nullification of Promotions: The court declared the promotions of over 200 officials null and void due to procedural irregularities and lack of merit-based assessment.
- Violation of Constitutional Principles: The judgment emphasized that the process contravened constitutional provisions on fair employment practices, transparency, and meritocracy.
- Order for Reconsideration: The AG’s office was directed to revisit the promotion process and ensure full compliance with constitutional and legal standards. The court also ordered the Public Service Commission (PSC) to investigate personnel practices within the AG’s office.
Additionally, the court declared the Statute Law (Miscellaneous Amendments) Act 2024 unconstitutional, as it had transferred some PSC powers to the AG’s office, undermining the PSC’s independence.
Implications of the Ruling
This ruling underscores the critical importance of adhering to constitutional procedures in public service appointments and promotions. It sends a strong message to government agencies about the need to uphold transparency, meritocracy, and legal compliance in their human resource practices.
Reactions and Future Steps
The decision has elicited mixed reactions from various stakeholders:
- Legal Experts: Many have praised the ruling as a victory for constitutional integrity and fairness in public service.
- Government Officials: Some have expressed concern about administrative disruptions but acknowledged the necessity of compliance with legal standards.
- Affected Employees: The over 200 officials whose promotions were nullified are now awaiting guidance on the next steps, including potential re-evaluation of their cases.
What Next?
The AG’s office is expected to review and reform its promotion procedures to ensure alignment with constitutional requirements. The court’s decision may also prompt similar reforms in employment practices across other government departments to prevent the recurrence of such issues. There is also the possibility of appeals or further legal action from parties dissatisfied with the ruling.
Broader Context: Upholding the Rule of Law
This case highlights Kenya’s ongoing efforts to strengthen governance and uphold the rule of law. Ensuring that public officials are appointed and promoted based on merit and transparency is essential for effective governance and public trust.
Final Thoughts
The court’s nullification of the promotions at the AG’s office marks a significant step toward accountability and constitutional compliance in Kenya’s public service. It serves as a reminder that all government processes must strictly adhere to legal standards, fostering a culture of fairness and integrity in public administration.
References:
- Court Nullifies Promotions of Over 200 Officials at AG’s Office, Declares Them Unconstitutional – Kenyans.co.ke
- Court Overturns Promotion of Over 200 Staff at Attorney General’s Office – Eastleigh Voice
