Nairobi — Public Service Commission (PSC) has opposed the proposed amendment of the office of Attorney General Act 2021 that seeks to give more powers to the office of Attorney General.
While appearing before the National Assembly Justice and Legal Affairs Committee (JLAC) on 5th December, PSC Chairperson Anthony Muchiri noted that the proposed amendments were unconstitutional.
In the proposed amendment of sections 13, 21 and 22 of the Office of the Attorney General Act, drafted in the Statute Law (Miscellaneous Amendment) Bill of 2023, states that the Attorney General will have powers to appoint officers in his office and discharge them from office.
Equally the amendment states that 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.
Muchiri emphasized 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," he said.
"Therefore, the office cannot be de linked from the jurisdiction of the Commission and legal framework that regulates the public service and falls within the mandate of the Commission."
Muchiri further pointed out that Chapter 15 of the Constitution does not list the AG as an independent constitutional office.
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In response, National Assembly Justice and Legal Affairs Committee (JLAC) Chairperson George Murugara said the 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", he said.
Article 156 of the 2010 Constitution of Kenya, states the responsibilities of the Attorney General.
These includes; being the principal legal adviser to the government to ensure that the rule of law is promoted, protected, and upheld, and defend the public interest.
Negotiating, drafting, vetting and interpreting local and international documents, agreements and treaties for and on behalf of the Government and its agencies among others.
