MPS have warned of a potential clash
of roles between the Solicitor General
and the principal secretary for the
newly created State Department for
Justice.
The Justice and Legal Affairs Committee of the National Assembly has
sounded an alarm of possible duplication.
The committee chaired by Tharaka
MP Gitonga Murugara has in a report asked President William Ruto
to clearly state the functions of the
two offices.
They argued that the department
for Justice was a substantive ministry
since independence and evolved into
a department of the office of the Attorney General.
In a report on the vetting of Judith
Pareno for the post of Justice PS, the
lawmakers said some statutes still
make reference to a Principle secretary responsible for justice.
The committee said there was need
for the appointing authority, through
an Executive Order, to distinguish the
two offices.
“There is need to streamline the
functions of the Principal secretary
and those of the Solicitor General to avoid disagreement and conflict of
interest,” the committee said.
MPs want the office of the PS for
Justice, Human Rights and Constitutional Affairs domiciled in a separate
ministry.
It said a separate ministry would
suffice “in as much as it is important
to streamline justice and human rights
issues and constitutionalism.”
The committee held that while the
Constitution of Kenya provides that
the AG is part of the Cabinet, the law
guiding its operations designates it as
an independent office.
“There is need
to streamline the provisions of the Act
with the constitution,” the committee said in its approval of Pareno’s nomination to the post.
During her vetting, the PS nominee
said she did not envisage a conflict
of roles.
“The Solicitor General is an
assistant of the Attorney General. I
don’t envisage a conflict of roles with
the position of Principal secretary,”
Pareno said.
The Solicitor General is presently
the accounting officer of the State Law
Office and Department of Justice, thus
in charge of the books of accounts.
Pareno said she will cooperate with
the Attorney General and the Solicitor General in the performance of
her duties.
