In a landmark decision that could have far-reaching implications across the public sector, the Employment and Labour Relations Court has ruled that legal officers employed by state corporations are entitled to a non-practice allowance.
The judgment, delivered on October 28, 2025, by Justice Hellen Wasilwa in Cliff Bwogo Manoti v Kenya Revenue Authority; Law Society of Kenya & another (Interested Parties) (ELRC Cause E370 of 2021), affirms that public sector legal officers must be compensated for the statutory restriction that bars them from engaging in private practice.
The case arose from a claim by Cliff Bwogo Manoti, a legal officer at the Kenya Revenue Authority (KRA), who sought payment of the non-practice and prosecutorial allowances introduced through circulars issued by the Head of Public Service in 2010 and 2012.
KRA, supported by the Salaries and Remuneration Commission (SRC), argued that the circulars applied only to legal officers serving in the State Law Office, the Office of the Director of Public Prosecutions (ODPP), and the Ministry of Justice. The Respondents further contended that KRA staff were paid under a distinct executive salary scale, and extending the allowances to them would create an unjustified disparity.
The Law Society of Kenya (LSK), enjoined as an Interested Party, played a pivotal role in shaping the outcome. In its submissions, the Society argued that excluding legal officers in state corporations from receiving the allowance was both constitutionally deficient and discriminatory, violating the right to equal protection and benefit of the law under Article 27(1) of the Constitution. LSK further emphasized that the allowance was not a discretionary benefit but a compensatory entitlement designed to offset the loss of private practice income for all advocates serving in public institutions.
Justice Wasilwa agreed, holding that the claimant was entitled to the allowance as a matter of right by virtue of his position as a public officer. She anchored her decision on the binding precedent set by the Court of Appeal in Civil Appeal No. E216 of 2020, which had already clarified that the circulars applied to officers across the wider public sector, not only to those in the specific addressees’ offices.
The Court consequently ordered KRA to pay Mr. Manoti Sh1,440,000 in unpaid non-practice allowance, together with costs and interest.
This decision marks a significant victory for public sector advocates and reinforces the principle of equal pay for equal work within the legal profession. It affirms that legal officers serving in state corporations perform functions materially similar to those in the State Law Office and ODPP, and should therefore enjoy the same compensatory benefits.
For the LSK, the judgment represents a major advocacy milestone and a step forward in addressing discriminatory pay practices within the public service. It also strengthens the recognition of in-house counsel as indispensable officers of justice whose contribution is vital to good governance, compliance, and the rule of law.
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