The Office of the Attorney General (AG) has received a major boost after President William Ruto signed into law the Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 which paved way for the strengthening of Justin Muturi-led office through a new independent clause among other amended legislations.
Ruto signed the new law on April 24, 2024, at State House Nairobi which entails a proposed amendment of sections 13, 21 and 22 of the Office of the Attorney General Act.
In the Act, Attorney General Justin Muturi will now have powers to appoint officers in his office and discharge them independently and not through the Public Service Commission (PSC).
“The Bill proposes to amend the Office of the Attorney-General Act, 2012 to remove inconsistencies in the operational framework of the Office of the Attorney-General in line with Article 156 of the Constitution that establishes the Office of the Attorney General as an independent Office,” the Act Reads.
This will see the PSC replaced with an Advisory Board to recruit and recommend Deputy Solicitors-General and State Counsel.
The board comprises the AG as chair, and Principal Secretaries of Public Service and the National Treasury, the Public Service Commission chairperson, Law Society of Kenya president and chair of the Council of the Institute Human Resource Management as members.
New Law Signed by Ruto
In the new law the AG will equally also be able to decide the terms of service of the officers with consultation with the Salaries and Remuneration Commission (SRC).
The law seeks to address personnel shortages and improve terms of employment for state counsel.
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The Head of State signed the Bill into law despite earlier opposition from the PSC against the then proposed amendment back in December 2023.
PSC Chairperson Anthony Muchiri while appearing before the National Assembly Justice and Legal Affairs Committee (JLAC) raised concern noting that the proposed amendments were unconstitutional.
Muchiri emphasized establishment of offices and appointment of officers in the public service are constitutional mandates of the Public Service Commission.
PSC Opposes Proposal
“The Constitutional functions of the Attorney General do not operate in isolation of or independently from the Executive arm of Government. Therefore, the office cannot be delinked from the jurisdiction of the Commission and legal framework that regulates the public service and falls within the mandate of the Commission,” said Muchiri.
The JLAC Chairperson George Murugara noted that his committee would consider all the views presented before it and make appropriate proposals to the National Assembly.
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On his part, AG Justin Muturi while appearing before the same Committee in February 2024 lifted the lid on how important decisions concerning his docket like appointments of senior officers are made without his approval.
Muturi was appearing to defend decision to amend the Statute Law (Miscellaneous Amendment) Bill, 2023, when he highlighted that PSC has been making appointments of senior officers in his office without his knowledge.
Muturi Defends amendment
While making pitch for his office to be independent, the AG revealed that his staff were demoralized, lamenting that this affected implementation of services at the State office.
According to Muturi, many of his officers had been resigning to take up positions in other well-paying government institutions like the Judiciary.
“We have a gentleman working in State House who was appointed by PSC as senior Deputy Solicitor General, the current Chief of Staff in the office of Deputy President is a senior Deputy Solicitor General. I am making my case on why I need to be delinked from the Public Service Commission, given a board that will help make the decisions,” he said.
The AG further insisted on the need for a board to be formed to help in appointing, promoting and maintaining discipline among the workforce at the State law office.
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