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Attorney General Justin Muturi’s appearance during a press conference by the Judicial Service Commission (JSC) where the president was publicly bashed has put him on the firing line of members of the Executive who are at war with the Judiciary.

It remains unclear whether the AG will own the statement where the Chief Justice responded to President William Ruto’s unrelenting attacks on the Judiciary.

Muturi joined his colleagues during the press conference which was addressed by CJ Martha Koome.
The AG serves as a link between the commission and the Executive. Other roles of the AG in the commission are to promote and facilitate the independence and accountability of the Judiciary.

Efforts to seek Muturi’s views on the commission’s statement were not successful after he failed to respond to our calls.

However, a source in his office who sought anonymity told People Daily his boss could not respond to questions related to the commission since he’s a member.

Rejected requests

“The AG is a member of the JSC and therefore cannot respond to such questions through the media,” said the source.

Muturi’s position has in the recent past been put into question after reports emerged that a section of top officials in the presidency were not at ease with him after he allegedly rejected requests to approve bills and regulations he saw as unconstitutional.

It was due to this persevered highheadedness that the team mooted the idea to craft amendments in the statute miscellaneous amendment Bill to trim the AG’s powers. The bill was prepared without his input as the chief government legal advisor.

The National Government Administration Laws (Amendment) Bill 2023 currently before the National Assembly has once again lifted the lid on a subtle power struggle at the State Law Office.

To further frustrate Muturi some government-sponsored bills do not pass through his office which is seen as a move to clip his influence.

According to a source what riled the powerful forces within the executive is the decision by the AG not to approve the single sourcing of importation of GMO seeds.

A proposal had been suggested to authorise Monsanto Company an American agrochemical and agricultural biotechnology to approve it as the sole importer of the controversial GMO’s.

Law prohibits

While turning down the request, the AG said the law prohibits such an arrangement but instead proposes a government-to-government agreement.

A proposal in the bill to take away the AG’s role as the custodian of public seal will by design take powers from the AG leaving him as just a figurehead in the office.

The bill seeks to transfer the mandate to the Head of Public Service, a move that has divided lawyers as to who should be the keeper of the seal.

Constitutional lawyer Charles Kanjama opines that the president has the power to reorganize the government at any time and that the Constitution is quiet on who should be the custodian of the public seal.

“The AG is not the custodian of the public seal as alleged, he is the principal legal adviser to the government. The President can decide to give the powers to any other officer,” Kanjama said.