MPs warn of clash in Justice PS, Solicitor General roles

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.