PSC Up in Arms After Attorney General Justin Muturi Moves to Usurp Its Powers

The Public Service Commission (PSC) has opposed Attorney General Justin Muturi’s proposal to ammend the law to give him sweeping powers to appoint and dismiss officials working in his office.

Appearing before the Justice and Legal Affairs Committee (JLAC), PSC Chairperson Amb. Anthony Muchiri described the attempts as unconstitutional holding that such a move would usurp the commission’s constitutional roles.

“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” Amb. Muchiri said in a statement.

The Attorney General had also sought to amend the law to enable him to appoint the deputy solicitor general, and state councils and decide the terms of service of the officers in consultation with the Salaries and Remuneration Commission (SRC). 

Attorney General Justin Muturi (left) and Chief of Staff Felix Koskei converse moments before the launch of the Hustlers Fund at the Green Park Terminus on November 30, 2022.

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Responding to the matter, George Muragura, the Justice and Legal Affairs Committee Chairperson stated that his committee will consider all the views presented before it and make the 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”, Muragura stated.

This comes after AG Muturi and PSC CEO Simon Rotich in September clashed over the hiring and promotions of state counsels.

According to reports, the duo engaged in a vicious board room clash as Rotich moved to stop what he described as irregular hiring of state officials by Muturi.

Rotich protested against the recruitment holding that it was not done within the confines of the law.

AG Justin Muturi since assuming office, has been at the centre of controversy over various policy decisions.

In October 2023, he came under scrutiny after advising the government to restructure its contract-signing regime.

Muturi proposed that his office should be involved in the contract negotiations for state officers.

AG Muturi argued that this move would save taxpayers a lot of money lost during contract breaches.

Attorney General Justin Muturi making his remarks during IEBC post-election evaluation report launch held at Safari Park Hotel, Nairobi on January 16, 2023.



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