Anxiety Over Alleged Plot to Sack AG Githu Muigai

by Benjamin Muriuki on Tuesday, 21 August 2018 - 7:20 pm

New revelations indicate that the Jubilee Government is not pleased with Attorney General Githu Muigai and a plan is underway to send him home.

A top Government source on Tuesday disclosed that the Jubilee administration was not displeased by Prof Muigai’s independence and strict application of the law even when it touches on politically driven Bills initiated by the government.

“There is displeasure at the Attorney-General because of his independence. He has refused to take instructions on Bills which are aimed at specific political outcomes,” the source told the Daily Nation.

Anxiety over the plan to send Prof. Muigai home emerged following the publishing of the Office of the Attorney General (Amendment) Bill 2017 which is set for debate in the House after MPs resumed their last session on Tuesday.

The Bill, an outcome of the recommendations of the National Assembly’s Justice and Legal Affairs Committee (JLac) two years ago, seeks to establish a procedure by which the AG can be removed from office.

According to JLAC chairman Samuel Chepkong’a, however, there is no ill motive in the preparation of the Bill and it does not target Prof Muigai specifically.

“You know, there is only a procedure for the appointment of the Attorney-General. There is no procedure for his removal in legislation. The legislation was crafted in a manner to suggest the holder is a perpetual holder of the office because there is no clause for removal,” said Mr Chepkong’a.

Chepkonga added that JLAC realised there was no legal provision for the removal of the AG in 2014 when the Law Society of Kenya asked the National Assembly to initiate the removal of Prof Muigai over his handling of Anglo Leasing matters.

A bone of contention in the Bill is the fact that the proposed law hands the process of sacking the AG to Parliament, while it cushions the Solicitor-General’s office by making him serve at the pleasure of the President.

This means that while Prof Muigai could be kicked out of office by MPs, it will take President Uhuru Kenyatta to sack Solicitor-General Njee Muturi who has been playing a key role in the crafting of laws aimed at achieving political goals.