Supremacy battle rages at AG’s office

Business

By Alex Kiprotich

Attorney General Githu Muigai and Solicitor General Wanjuki Muchemi have disagreed over transfer of four State Counsel to the Ministry of Foreign Affairs.

The tension between Prof Muigai and the office of the solicitor general has led to the stoppage of salaries for the four because of proceeding on transfer without official release, according to a letter in our possession signed by Miriam Gitau (Assistant Director Human Resource Management) on behalf of Muchemi.

And in a letter by Githu to Gitau, the AG is demanding immediate withdrawal of the letter and an apology.

"It has now come to my attention that by your letter dated January 27, you have purported to question my action. I consider this an act of gross insubordination and demand its immediate withdrawal and apology tendered to me forthwith," reads the letter.

Utmost discretion

The AG explains that he seconded three Principal State Counsel – Jeannette Mwangi, Patrick Okoth, James Waweru and a Senior State Counsel – Robert Kungu – to Foreign Affairs upon request by the ministry.

"In exercise of my authority under Article 156 (7) of the Constitution of Kenya 2010, empowering me to exercise the powers of the Attorney-General and in my utmost discretion, I, at the request of the Ministry of Foreign Affairs, seconded four officers of the Attorney-General’s Office to their Legal Division vide my letter dated December 21, 2011," says Muigai.

But this did not go down well with the Solicitor General.

"I have received instructions from the Solicitor-General to stop your salary for proceeding on transfer without his official release as the authorised officer. This is therefore to inform you that your salary has been stopped with immediate effect," reads a letter to one of the officers, Gitau signed for the Solicitor-General.

This seems to have rubbed Muigai the wrong way.

Cede authority

As long as I serve in the Office of the Attorney-General, I have no intention to cede my constitutional authority to you or any other person save as I may from time to time direct in writing," he says.

The law society has also been sucked into the saga. It has written to the Attorney-General demanding its members are not victimised for obeying his instructions.

"The development is not only disturbing, but also raises the questions of governance and the rule of law within the State Law Office. We would therefore urge that you give the utmost assurance that none of our members in your office are made to suffer," reads a letter by Apollo Mboya, the Secretary of LSK.

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