AG clashes with powerful Solicitor General

By MUTINDA MWANZIA

The storm at the State Law Office over who has the power to move staff has rekindled memories of the battles ahead of the acrimonious exit from office of former Director of Public Prosecution Philip Murgor.

Attorney General Githu Muigai is furious at Solicitor General Wanjuki Muchemi for stopping the salaries of four senior staffers he redeployed recently. The row recalls turf wars that Muchemi had with Murgor and his successor Keriako Tobiko, also over the deployment of staff in the DPP’s office.

Appeals from Murgor and Tobiko to then AG Amos Wako on the matter did not yield any change, raising questions about the real seat of power at the State Law Office.

Muigai and Muchemi had disagreed over the transfer of four State Counsel to the Ministry of Foreign Affairs. The AG went ahead and ordered the move only for the SG, who is his junior, to stop the payment of salaries for the four arguing they "proceeded on transfer without official release".

The AG says he seconded the three Principal State Counsel and a Senior State Counsel to Foreign Affairs upon request by the ministry, exercising authority he has under the law.

However, Muchemi is intent on blocking the transfer of Jeannette Mwangi, Patrick Okoth, James Waweru and Robert Kungu. The AG has insisted that he has no intention to cede his constitutional authority to the SG or any other person save as he may from time to time direct in writing.

The Office of the Ombudsman has now joined in the ongoing saga acknowledging receiving a letter of complaint from the Law Society of Kenya.

"We noted that the office of the AG is a constitutional office charged, inter alia, with the mandate to protect and uphold the rule of law. We further note that the AG duly moved and properly addressed that matter by his letter of January 27, 2012," said Otieno Amollo, Chairperson of the Office of the Ombudsman. Otiende added: "...in the unlikely event that it doesn’t, any or all the named officers are at liberty to lodge a formal complaint with ourselves against relevant public officers."

According to documents seen by The Standard On Sunday, Murgor and Muchemi differed over several things including the assignment of a State counsel to two cases related to a 2004 cocaine seizure in Nairobi and Malindi.

They also disagreed on allegedly irregular procurement of goods and services and purported disregard of organisational and administrative protocol at the office of the AG.

On Saturday, Murgor was categorical that the woes he faced at the State Law Office lay squarely on the SG.

From the documents in our possession, the clash showdown between Murgor and Muchemi got very personal. "I understand you were practising upcountry and had unsuccessfully attempted to venture into elective politics. You are fast approaching retirement and I am only 43-years-old and it is clear we are worlds apart in approach and attitude towards fundamental reforms," said Murgor in one of the documents that he had addressed to Muchemi dated October 14, 2004.

Murgor then — just like Muigai now — had written complaining about attempts by the SG to hinder, sabotage or adversely affect the operations of his office.

Murgor who was hired as the DPP in 2003 and was replaced in 2005 had several public spats with Muchemi.

Already, staff at the State Law Office have written to Prime Minister Raila Odinga, Muigai and the National Cohesion and Integration Commission over alleged ethnic bias in the way resources are allocated by the Budget Committee.

On Saturday the Head of Public Communication at the State Law Office Mulei Muhia denied any allegations of tribalism or other unethical practices. In a statement, Mulei said the mentioned officers sit on the Budget Committee by virtual of being heads of departments.

"Officers are posted from different ministries, which are the administrators of the various schemes of service. The State Law Office and its Accounting Officer (Muchemi) have no role or influence in the posting of officers to this office," said Mulei.