The Public Service Commission (PSC) has rejected a proposed amendment to the Office of the Attorney General Act, 2012.
The Statute Law (Miscellaneous Amendment) Bill No 68 of 2023 seeks to remove inconsistencies in the operational framework of the AG’s office in line with Article 156 of the Constitution that establishes it as an independent office.
In the proposed amendment of sections 13, 21 and 22 of the Act, if passed, the Attorney General will have powers to appoint officers in his office and discharge them from office.
The AG will also be able to appoint a Deputy Solicitor General, state councils and decide the terms of service of the officers with consultation with the Salaries and Remuneration Commission.
Appearing before the Justice and Legal Affairs Committee to give his views PSC chairman Anthony Muchiri observed that the amendments were unconstitutional as they would inherently create room for abuse of power.
“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,” Muchiri said.
He emphasized that the establishment of offices and appointment of officers in the public service is constitutional mandates of the Public Service Commission.
Muchiri further that the AG is not listed as one of the independent constitutional offices in Chapter 15 of the Constitution.
“…and, it is not clear how the involvement of the Public Service Commission in recruitment, appointment or promotion of the officers in the AG’s office, presents inconsistencies in its operational framework,” he said.
Committee chairperson George Murugara noted that his committee will consider all the views presented before it and make appropriate proposals to the National Assembly.
“I want to assure you that all views received will be considered in the writing of the final report to be presented to the National Assembly,” said Murugara.
Muchiri was accompanied by Commissioners, Mary Mwiandi, Patrick Wamoto, Salma Ahmed and Joan Otieno and Chief Counsel Jacqueline Manani.
