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Attorney Generals are public servants who must strike a delicate balance between legal interests of his/her superiors and Kenya’s long-term needs, which may not always be easy.
Kenya’s Attorney General is appointed by the President with approval from the National Assembly and must fulfill their responsibilities according to both Constitution and Office of Attorney General Act.
The Attorney General serves as the principal legal adviser of the national government and is accountable for court proceedings wherein it is involved. Furthermore, other functions are conferred upon him or her by statute or presidential decree; overall the AG upholds and protects public interest.
An ethical AG would raise uncomfortable questions when the national government is engaging in policies which violate human rights or contradict the constitution, but cannot convince their president to change course – as Cameron’s AG did recently in Britain. If that fails to happen then resignation should occur, as was recently witnessed with Cameron’s AG in Britain.
However, the new proposed advisory board for the office of attorney general would consist of only six members including two advocates – representing a much smaller and less cohesive pool of expertise than its current process consisting of nine members including six advocates – without accountability to either National Assembly.
An ethical Attorney General would raise serious concerns when government policies contravene the Constitution or public interest, not simply advise Presidents about changing it but, if that proved futile, would resign as did Cameron’s AG in Britain.
The Office of the Attorney General Act of 2012 establishes the position of Attorney General, Deputy and State Counsels as required. Their positions offer equal tenure security with that of Cabinet Secretaries; removal may only occur for serious misconduct or physical incapacitation.
Justice James Karugu (BSSU ’62) currently serves as Attorney General of Kenya after being appointed in 2018. He has received accolades for his efforts to strengthen Kenya’s Judiciary and address pressing matters such as publication of Kenya Law Reports and reparations payments for victims of post-election sexual violence.
Kenya’s Attorney General office is one of the nation’s highest-profile and prestigious positions, and selection procedures have historically been stringent for this position. The Attorney General advises government ministries, constitutional commissions and state corporations on legal matters before also playing an integral part in upholding rule of law principles and safeguarding public interest issues.
Kihara Karugu, Kenya’s current Attorney General and a former judge of the High Court of Kenya, rose quickly through public service ranks due to his unwavering tenacity and commitment to justice. Additionally, he boasts legal expertise as an accomplished trainer/facilitator, having led multiple capacity building workshops.
He also led efforts to reinstate publication of Kenya Law Reports and outlaw Chang’aa production and sales, garnering praise from both judiciary and society at large for his dedication to justice.
The Attorney General serves as head of the State Law Office, serves as primary legal advisor to government, and sits on Cabinet as member. They must remain impartial, support rule of law principles, and protect public interest; in addition, they cannot engage in private practice or gainful employment activities.
Justin Muturi was appointed Attorney General by President William Ruto and approved by the National Assembly after an exhaustive vetting process in October 2022. Under his watchful gaze, Kenya Law Reports was reinstated while Chang’aa was banned.
BGSU has long supported students pursuing legal careers, with many alumni going on to become top judges and lawyers in Kenya, such as Justice Kihara Kariuki who served as attorney general from 1968-1983. Recently, Assistant Attorney General Kenneth Polite visited Kenya to discuss criminal law reform and enhance cooperation in fighting transnational crime.