Tuesday, 8 April, 2025
Justice and Legal Affairs Committee vets PS Nominee 𝐌𝐨𝐧𝐝𝐚𝐲, 𝟕𝐭𝐡 𝐀𝐩𝐫𝐢𝐥, 𝟐𝟎𝟐𝟓𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬
The Justice and Legal Affairs Committee, chaired by Tharaka MP, Hon. George Murugara, today held approval hearings for Sen. Judith Ramaita Pereno, the nominee for the Principal Secretary position in the newly established State Department of Justice, Human Rights and Constitutional Affairs.
Sen. Pereno, a seasoned lawyer, previously served as a Member of the East Africa Legislative Assembly (2012-2017) and as a nominated Senator (2017-2022) under the Orange Democratic Party. She unsuccessfully contested the Kajiado Senatorial seat in the 2022 general elections.
The Committee pressed the nominee on the mandate of her prospective office within Kenya's judicial framework and the implications of creating a new State Department in an already substantial public service wage bill.
Committee Chairperson, Hon. Murugara inquired about the "classification and roles" of the new State Department and sought clarification on who would be the accounting officer within the Judiciary should she be appointed.
Rarieda MP Hon. Otiende Amollo questioned the nominee on the synergy between her potential role and that of the Solicitor General, raising concerns about duplication of roles and conflict arising from the new position.
Committee Vice Chairperson and Kibwezi West MP, Hon. Mwengi Mutuse, referencing the Orange Democratic Party's manifesto advocating for a lean government, asked for Sen. Pereno's perspective on the creation of new State Departments and its alignment with the policy of reducing government size.
In her response, Sen. Pereno stated that she would be the Accounting Officer for the State Department. She emphasized that the President holds the constitutional prerogative to create State Departments, asserting that this particular department was established to "improve operations and functionality of certain offices within the Judiciary such as the Commission on Administrative Justice."
Addressing concerns about overlapping responsibilities with the Solicitor General and Attorney General, the nominee advocated for "collaboration and development of a working document to distinguish roles of different entities within the justice sector." She assured the committee that, if appointed, she would convene meetings with relevant parties to develop a clear framework of duties to ensure unity of purpose.
However, committee members remained unconvinced. Garissa County MP Hon. Amina Udgoon questioned the necessity of adding more positions to the government.
"As a female Member of Parliament from a marginalized community, I very much applaud the need for affirmative action and inclusion. However, adding an additional State Department defeats the aim of having a lean government. There is also a risk the State Department shall take away the Powers and Independence of Commissions such as the Ombudsman," Hon. Udgoon stated.
Hon. Mutuse further probed, "You have informed this Committee that your role will be to check on the excesses of Government specifically in the Judicial Sector. How will you do this when essentially you are joining the government?"
Nominated MP, Hon. Suleka Hulbale, while commending the nominee for being a role model for young girls in marginalized communities, underscored the importance of embracing affirmative action within the judicial sector. She asked Sen. Pereno about specific policy reforms she would introduce to address systemic challenges faced by women and girls, particularly those from marginalized communities, if appointed.
The Justice and Legal Affairs Committee is expected to present its report on Sen. Pereno's suitability for the Principal Secretary position to the House for further deliberation.