Attorney General Justin Muturi accused Public Service Commission of dragging feet in implementing key decisions affecting the Office
He needs Office of Attorney General to be given autonomous independence to establish a Board that will have powers to recruit, promote and discipline it’s staffs
However, Section of State Counsels at the Sheria House have accused Muturi of entrancing political culture in the public service sector
The Attorney General Justin Muturi has now termed the National Government Administration Laws [Amendment] Bill No 73 of 2023 on the change of custody of the public seal from his office to Head of Public Service as an alien
Responding to questions from legislators whether there’s an onslaught as a person or his office, Muturi said the bill was at some point brought to AG’s office and many wondered where it came from with no answers
“You have asked whether everything is well with me and if there’s any onslaught but my answer is; there’s no cause for alarm- everything is okay.
The MPs Edward Wakili Muriu [Gatanga] Silvanus Osoro [South Mugirango] and Mwengi Mutuse[Kibwezi West] were concerned over political interference praising him for law mastering which should be the spirit in advising government without wavering
On the bill, am leaving on to you as a committee and parliament to make sound decisions,” he responded on the bill seeking to strip of some of his responsibilities to Head of Public Service
While describing the procedures of government sponsored bill, Muturi stated that it should have started with policy formulation submitted at parliament for consideration before his office takes it to Cabinet
“Once this policy comes back to AG’s office from Cabinet’s input, it’s now taken back to parliament gor approval or rejection,” he conseled
Status of State Counsels
Muturi who was also sharing insights on the Statute Law (Miscellaneous Amendments) Bill No 68 of 2023 (National Assembly) on the Establishment of the Advisory Board of the Office of the Attorney General, faulted Public Service Commission for micromanaging state counsels
According to AG, many of the decisions which should be done by his office are dragged at the PSC’s bureaucratic nature causing delays and operational deficiencies
“PSC recommended in 2020 that the OAG should have staff composition of 1066 employees. We requested them to advertise for the positions of 523 officers because as of now we should have county attorney in all 47 counties but they have never advertised whereas there are so many learned lawyers around,” Muturi told the Parliamentary committee seeking AG’s autonomous veto powers
The Board as per the attached document shall consist of Attorney General, A Judge of the High Court nominated by the Chief Justice, The Principal Secretary responsible for matters relating to Finance, Chairperson of the PublicService Commission or representative nominated by the Chairperson, President of the Law Society of Kenya where AG shall be Chairperson of the Board and Solicitor-General as Secretary to the Board
“The AG should have the freedom to appoint his or her subordinates officers and ti determine their salaries on the advise of the Salaries and Remuneration Commission, their terms and conditions of the service,” He added
However, sections of State Counsels have unanimously accused Muturi of orchestrating opaqueness and entrancing politics in promotions and transfers of State Counsels members against the guidelines
They cites that since he came into office could promote lawyers working at the Sheria House in a record three or four months of service in a certain job group contrary to public service schemes of service provided by the Public Service Commission
The proposed amendment s when affected will act to remove inconsistencies in the operational framework of the Attorney General in line with Article 156 of the Constitution that established the Office of the Attorney General as an independent Office
According to Muturi, some 7 State Counsels out of 30 who were hired when he joined the Office have resigned because of poor schemes (read remuneration) scaled by Public Service Commission alongside Salaries and Remuneration Commission which he wants to negotiate for learned friend’s fair pay