Public Service Commission has opposed the proposed amendment to the office of the Attorney General Act. While appearing before the National Assembly Justice and Legal Affairs Committee (JLAC) on 5th December 2023 at the Weston Hotel, PSC Chairperson Amb. Anthony Muchiri noted that the proposed amendments were unconstitutional.
The PSC Chairperson further emphasised that establishment of offices and appointment of officers in the public service are constitutional mandates of the Public Service Commission.
“ 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 Amb.Muchiri.
In the proposed amendment of sections 13, 21 and 22 of the Office of the Attorney General act, if passed, the Attorney General will have powers to appoint officers in his office and discharge them from office. Equally, the AG will also be able to appoint Deputy Solicitor general, state counsels and decide the terms of service of the officers with consultation with the Salaries and Remuneration Commission.
The JLAC Chairperson Hon. 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 Hon. Murugara.
Also present in the meeting were JLAC Vice-Chairperson Hon. Mwengi Mutuse, members, Hon. John Gichohi, Hon. John Makali and others attended the session virtually.
From PSC; Commissioners, Dr. Mary Mwiandi, Amb. Patrick Wamoto, Amb. Salma Ahmed and Ms. Joan Otieno and Chief Counsel Ms. Jacqueline Manani.