PSC Wins as Attorney General Dorcas Oduor is Stripped of Certain Powers

The Public Service Commission (PSC) has been handed a win after the Employment and Labour Relations Court declared amendments to the Office of the Attorney General Act introduced through the Statute Law (Miscellaneous Amendments) Act No. 3 of 2024 unconstitutional.

The ELRC ruling bars the Office of the Attorney General from making appointments and effecting promotions, asserting that the role is in the purview of the PSC. 

In addition, the Employment and Labour Relations Court quashed promotions and appointments made by the Office of the Attorney General, describing them as unprocedural and unconstitutional.

“Declaration be and is hereby issued that the amendment of the Office of Attorney General Act vide 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,” ruled Justice Ongaya. 

The ruling was made after a petition filed by Dr. Magare Gikenyi, Dishon Keroti Mogire, and Philemon Abuga Nyakundi, challenging the promotions of state counsel to senior positions.

PSC Wins Over Attorney General

These positions included those of Senior Deputy Solicitor General and Deputy Solicitor General.

The petitioners argued that the promotions, announced through an internal memo by the Solicitor General on November 26, 2024, violated constitutional principles of fairness, merit, and transparency.

The court found out that the promotions were a breach of the Constitution, as well as provisions of the Public Service Commission Act and Regulations.

Further, the judgement stated that the promotion of State Counsel was done without considering key principles such as fair competition and merit, gender balance, ethnic diversity, and regional representation.

“Succession management is not a licence to violate constitutional principles. The constitution demands fairness, competition, and merit in public appointments,” read the judgement.

Also Read: PSC Clarifies Its Role in the Delayed Recruitment of UoN Vice Chancellor

Court Ruling

Ongaya also annulled the Statute Law (Miscellaneous Amendments) Act 2024, which transferred some of the Public Service Commission’s (PSC) powers to the Attorney-General, deeming it unconstitutional and therefore null and void.

The ruling held that the amendments were enacted without public participation and amounted to an unconstitutional takeover of the Public Service Commission’s mandate.

“The amendments undermined the independence and constitutional authority of the Public Service Commission, which is not permissible,” read part of the judgement.

Also Read: PSC Orders Public Institutions to Submit Performance Reports for All Govt Employees

PSC Opposes Attorney General Act

The amendment of sections 13, 21 and 22 of the Office of the Attorney General Act, drafted in the Statute Law (Miscellaneous Amendment) Bill of 2023, states that the Attorney General will have powers to appoint officers in his office and discharge them from office.

Equally the amendment states that AG will also be able to appoint Deputy Solicitor general, state counsels and decide the terms of service of the officers in consultation with the Salaries and Remuneration Commission. 

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