AG office defends role on top jobs

Attorney General Githu Muigai. PHOTO/SALATON NJAU/FILE

What you need to know:

  • In a detailed letter to Head of Public Service Joseph Kinyua and Chief of Staff at Deputy William Ruto’s office, Ms Marianne Kitany, Prof Muigai said qualification for appointments had to be confirmed by the respective ministries.The AG’s letter also cautioned on appointments to five parastatals in the Agriculture ministry, saying rules governing former institutions had to be observed as detailed in the first schedule to the Agriculture, Fisheries and Food Authority Act, 2012 (No 13 of 2013).

Attorney-General Githu Muigai cautioned the Presidency that there were certain guidelines to be followed on appointments of parastatal bosses.

The AG’s office says it gave the Office of the President and that of the Deputy President advice on how to handle the appointments, especially for merged parastatals, following recommendations of a taskforce led by presidential adviser Abdikadir Mohamed.

In a detailed letter to Head of Public Service Joseph Kinyua and Chief of Staff at Deputy William Ruto’s office, Ms Marianne Kitany, Prof Muigai said qualification for appointments had to be confirmed by the respective ministries.

Prof Muigai’s letter, which the Nation has seen, also said all proposed appointments had to be verified under the “vacancy announcement procedure”.

The AG had also warned that revocation of appointments of board chairpersons or members meant their replacements would only serve the remainder of the former incumbents’ terms.

The letter, dated December 11, 2013 was in response to a request for legal advice by Mr Ruto’s office on December 6 and which Mr Kinyua was also copied.

The AG’s letter also cautioned on appointments to five parastatals in the Agriculture ministry, saying rules governing former institutions had to be observed as detailed in the first schedule to the Agriculture, Fisheries and Food Authority Act, 2012 (No 13 of 2013). The parastatals are the Pests Control Products Board, Kenya Plant Health Inspectorate Service, Horticultutral Crops Development Authority, Pyrethrum Board of Kenya and the Coconut Development Authority.

Yesterday, Prof Muigai was not available to comment on the advice his office had given to Mr Kenyatta’s and Mr Ruto’s offices.

His letter, however, had asserted that “Cabinet Secretaries ought to have reviewed all legal notices establishing merged institutions so they be revoked by respective authorities to enable transfer of functions, assets and liabilities of former institutions to the authority or successor companies.”

Revelations of the AG’s input in advising the President and his deputy on the ongoing State jobs appointments came as Mr Ruto claimed that the President was misadvised by some officials.

Some of the appointments that are said to have violated the law were that of former State House candidate Abduba Dida as CDF board chairman and former head of Public Service Francis Muthaura to chair the Lamu Port South Sudan Ethiopia Transport (Lapsset) corridor board.

The appointments of office holders Jennifer Barasa (CDF board) and Prof Abdulrazak Shaukat (Lapsset board) were revoked.

Mr Dida’s appointment has, however, been revoked.