Court reinstates PSC authority over Attorney General’s office
The Employment and Labour Relations Court has declared the amendments to the Office of the Attorney General Act, introduced through the Statute Law (Miscellaneous Amendments) Act 2024, Act No. 3 of 2024, as unconstitutional.
In the judgement delivered by the Employment and Labour Relations Court on Thursday, May 29, 2025, Principal Judge Byram Ongaya stated that the Act that transferred some powers of the Public Service Commission (PSC) to the office of AG is null and void.
“The declaration be and is hereby issued that the amendment of the Office of Attorney General Act vides Statute Law (Miscellaneous Amendments) Act 2024 Act No. 3 of 2024, which transferred some powers of the 3rd respondent (PSC) to the Office of Attorney General, is unconstitutional, null and void,” Judge Ongaya ruled.
AG’s appointments revoked
Notably, Judge Ongaya also revoked the promotions and appointments made by the office of the Attorney General, terming them unconstitutional for what he said was a breach of Articles 10, 27, 41, 47, 232 and 234(2) of the Constitution.
“The declaration that the Respondents’ action and omission in excluding the 20 Senior State Counsel from promotion to the position of Principal State Counsel (CSG7) violates Articles 10, 20, 27, 35, 232, and 236 of the Constitution of Kenya 2010 and are, therefore, unconstitutional, null, and void,” part of the judgement read.
The judgement also declared that the 20 Senior State Counsel herein are entitled to promotions from the position of Senior State Counsel (CSG8) to the position of Principal State Counsel (CSG7) in an open competitive process and in accordance with relevant provisions of the Constitution, Public Service Commission Act and the regulations and Commission’s policies and procedures thereunder.
Restraining order
Further, the court issued an order restraining the Attorney General, the office of the Attorney General and the Solicitor General, whether by themselves, their agents, servants, or any other persons acting under their authority or supervision, from terminating, suspending, or otherwise altering the employment status of the Senior State Counsels, or in any manner taking adverse actions against the 20 Senior State Counsels herein on account of the instant petition instituted on their behalf.
The judgement came after a petition was filed challenging promotions of state counsels to senior positions, including Senior Deputy Solicitor General and Deputy Solicitor General, through an internal memo.
The petitioners, a Nakuru-based surgeon, Dr Benjamin Magare-Gikenyi, and two others, argued that the promotions announced on November 26, 2024, violated constitutional principles of fairness, merit and transparency.
