The High Court has declared null and void the decision by the Attorney General, the Advisory Board of the Office of the Attorney General, and the Solicitor General (collectively referred to as “the respondents”) to omit 20 Senior State Counsels from the promotion process to the position of Principal State Counsel (CSG7).
In a ruling delivered by Principal Judge Justice Byram Ongoya, the court found that the respondents’ actions and omissions in excluding the 20 officers were discriminatory and in violation of their constitutional rights under Articles 20, 21, 25, 27, 41, 47, 232, and 236 of the Constitution of Kenya.
The case was brought before the court by the Union of Kenya Civil Servants, represented by Roba & Associates Advocates. The union argued that the exclusion of the 20 Senior State Counsels from consideration for promotion contravened Articles 10, 20, 21, 27, 35, 41, 47, 232, and 236 of the Constitution, rendering the respondents’ actions unconstitutional, discriminatory, and invalid.
The union further sought a declaration affirming that the affected officers are rightfully entitled to promotion from the position of Senior State Counsel (CSG8) to that of Principal State Counsel (CSG7).
After reviewing the petition and evidence presented, the court concurred with the union, ruling that the exclusion of the 20 officers from the promotion process was unconstitutional and infringed upon their rights. Justice Ongoya ordered that the 20 Senior State Counsels be considered for promotion through an open and competitive process, in line with the Constitution, the Public Service Commission Act, and the applicable policies and procedures.
Additionally, the court issued an order restraining the respondents and their representatives from taking any retaliatory actions—including termination, suspension, or alteration of employment status—against the 20 Senior State Counsels as a result of the petition filed on their behalf.
