MPs raise concerns over potential role overlap between PS for Justice and Solicitor General

MPs raise concerns over potential role overlap between PS for Justice and Solicitor General

The National Assembly's Justice and Legal Affairs Committee has warned that the newly appointed Principal Secretary (PS) for Justice, Human Rights and Constitutional Affairs and the Solicitor General could lead to confusion and a duplication of functions.

Members of Parliament (MPs) have raised concerns over the potential for role overlap between the newly appointed Principal Secretary (PS) for Justice, Human Rights and Constitutional Affairs and the Solicitor General.

The National Assembly's Justice and Legal Affairs Committee has warned that the two positions could lead to confusion and a duplication of functions.

The committee, led by Tharaka MP Gitonga Murugara, presented a report urging President William Ruto to clarify the responsibilities of both offices.

The committee expressed fears that the creation of the State Department for Justice might cause a conflict of interest due to unclear distinctions between the roles of the Solicitor General and the PS.

Historically, the Justice Department has been a key ministry, evolving into a section of the office of the Attorney General.

MPs believe that statutes still reference a principal secretary responsible for justice, further complicating the matter.

They suggested that an Executive Order from the President could help address these ambiguities by explicitly outlining the functions of both 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 in its report.

They also recommended that the PS for Justice, Human Rights, and Constitutional Affairs be placed under a separate ministry to prevent any overlap with other departments.

In its approval of Judith Pareno for the PS position, the committee also emphasized that while the Constitution makes the Attorney General a member of the Cabinet, it designates the office as independent.

Therefore, MPs believe the Act guiding the operations of the office should be adjusted to better reflect this distinction.

During her vetting, Pareno, the PS nominee, downplayed concerns about potential role conflicts.

“The Solicitor General is an assistant of the Attorney General. I don’t envisage a conflict of roles with the position of Principal secretary,” she said.

Pareno assured lawmakers that she would work closely with the Attorney General and the Solicitor General in fulfilling her duties.

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