MPs urge Presidential directive to define Justice PS and Solicitor General roles
In a detailed report, the committee called on President William Ruto to issue a clear directive that would separate the responsibilities of the two offices.
A growing concern has emerged in Parliament over the potential for confusion between the roles of the newly established Principal Secretary (PS) for Justice and the Solicitor General.
Members of the Justice and Legal Affairs Committee have warned that unless the roles of the two positions are clearly defined, there could be a duplication of duties, which might cause disagreements.
Tharaka MP Gitonga Murugara, who chairs the committee, emphasized that the new State Department for Justice could lead to conflicts of interest due to vague boundaries between the functions of the PS and the Solicitor General.
In a detailed report, the committee called on President William Ruto to issue a clear directive that would separate the responsibilities of the two offices.
The committee noted that the Justice Department has been a critical part of Kenya's governance since independence and has evolved from being a full-fledged ministry to a division within the Attorney General's office.
Despite this, several statutes still reference a principal secretary for justice, causing confusion.
"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 also suggested that placing the Justice PS within a distinct ministry would alleviate concerns about overlap.
In its assessment of Judith Pareno’s nomination for PS, the committee stressed the importance of aligning current legal provisions with the Constitution, which designates the Attorney General as an independent office, though it allows them to serve in the Cabinet.
During her vetting, Pareno responded to the concerns about potential conflicts, stating, "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 further assured the MPs that she would cooperate closely with both the Solicitor General and the Attorney General in carrying out her duties.
