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The attorney general serves as the principal legal advisor of government and must deliver professional legal services efficiently to both government departments and citizens, while abiding by laws. They should also defend and prosecute anyone found breaking them, such as individuals or companies.
This position is one of the highest public offices, appointed by the President with approval from the National Assembly. It serves an integral function in upholding legal system and democracy of our country.
Kenya’s Attorney-General is an integral component of its executive branch of government and bears many responsibilities, such as providing advice to President, Cabinet and Parliament on constitutional matters; conducting legal research; overseeing prosecutions; as well as contributing to public policy development and implementation by spearheading legal reform initiatives promoting transparency, ethics and integrity as well as providing legal education services.
He serves as head of the State Law Office, which employs lawyers and prosecutors responsible for overseeing civil and criminal court hearings, in addition to support personnel. Furthermore, this office is accountable for drafting legislation as well as reviewing contracts or agreements entered into by the government including international agreements.
As a Cabinet member, the Attorney-General enjoys security of tenure; their dismissal can only be justified on grounds of unconstitutionality or gross misconduct as assessed by an 11 member select committee of the National Assembly. They can appeal any decisions rendered by the Court.
Counsel for the second respondent argued that Parliament established the Constitution of Kenya Review Commission as a means for people to express their views on constitutional amendments currently being considered by government. He pointed out that constituent power was an inherent element of any democracy that did not need to be codified through written laws or constitutions.
He further asserted that the procedure outlined in section 28 of the Constitution of Kenya Review Act was in line with its provisions. According to article 27 of the Constitution, parliament (made up of National Assembly and President) is charged with passing bills that alter legislation; additionally they cannot pass bills that alter constitutional text directly.
Judges quizzed Muigai on whether Kenya was legally obliged to cooperate with the International Criminal Court (ICC), noting its failure to meet requests from its prosecutor’s office. Muigai pointed out that Kenyan Banking Act and Central Bank Act forbade disclosure of personal data without consent or court order.
The Attorney General of Kenya occupies an enormously powerful and responsible role. Their primary duty is representing the government in all types of legal proceedings, from criminal and civil suits, administrative issues and advisory counsel on legal matters to providing advice. By law, however, their duties are restricted and cannot involve private practice or any gainful occupations such as gainful employment; any conflicts of interests must be reported immediately to both President Uhuru Kenyatta and Prime Minister, with an annual report submitted as required.
Attorney Generals must strike a balance between serving their political superiors’ political agendas and serving the long-term interests of Kenya. Furthermore, partisanship could damage their office and legal services provision within Kenya; as an officer of law they should perform their duties with integrity.
Attorney Generals also serve a dual role, representing the Government in court or other legal proceedings and performing any additional functions delegated by Act of Parliament or Presidential decree. This may involve providing legal advice to National Assembly, President and other government organs; representing it before foreign courts or tribunals; or offering constitutionality advice regarding laws.
The Office of the Attorney General is charged with safeguarding and promoting public interest in Kenya, through protecting judicial integrity, upholding rule of law principles, and guaranteeing fair and transparent laws in Kenya. In collaboration with partners, this Office works towards mitigating key challenges to justice systems such as reducing pretrial detention.
The AG holds the power to defend and sue on behalf of the State in court; provide legal advice to Government; and appoint deputy attorneys general. His or her position has security of tenure; removal by President requires approval from both Houses of Parliament. With such immense power comes immense responsibility; therefore it should only be filled by someone with extensive experience within legal fields.
Kenya’s Attorney General is an influential position with great impact over their nation’s legal system, requiring high levels of education and extensive experience to fulfill effectively. They oversee court decisions while representing Kenya in civil proceedings as public prosecutor, acting as advisors for government ministries, constitutional commissions and state corporations on legal matters; additionally they must have at least 15 years professional experience prior to being appointed as Attorney General.
The Attorney General office in Kenya is an independent constitutional office appointed by the President, with approval by the National Assembly. Under Kenyan law and its Office of Attorney General Act, its role and functions are defined, such as providing efficient professional legal services to government and the public to uphold rule of law principles, protect human rights and foster democracy.
As well as their core duties, Kenya’s Attorney General must possess excellent communication and administrative skills that enable them to effectively handle complex cases while working under pressure. Furthermore, their relationship with Judiciary and Parliament should remain positive; this will help repair what has become an strained one between executive and judiciary powers over recent years.
Githu Muigai recently submitted his resignation as Attorney General of Kenya after more than twelve years in office, prompting speculation that President Uhuru Kenyatta may appoint a replacement within days.
Justin Bedan Njoka Muturi will become Kenya’s next Attorney General with his vast legal and judicial experience, having studied both at University of Nairobi and Harvard for his Bachelor of Laws and Master of Laws degrees respectively. Additionally, he served as head of Judicial Training Institute before working both privately as well as within Kenya’s courts for many years as an judge.
The Attorney-General is an appointment by the President with approval by the National Assembly and charged with upholding and protecting the rule of law as well as protecting public interest. Furthermore, his other functions may include instructing coroners to hold inquests, representing Government in civil proceedings where it’s involved and serving as friend of the court when needed.
Justice (Rtd) Kihara has made extraordinary contributions to legal profession and society during his illustrious legal career. With extensive expertise in constitutional, criminal, commercial and tort law; as a leader in reform of Kenya’s judiciary; membership of Law Society of Kenya and Commonwealth Lawyers Association as well as visiting scholar roles at several foreign universities he has left an indelible mark on both.
The Constitutional Revision Commission was mandated by Parliament to host constituency constitutional forums where individuals could share their thoughts on the review process; to collect and compile this feedback; prepare a draft Bill with recommendations to present to the National Conference; convene this conference, conduct its proceedings fairly and democratically – yet its effects on applicants’ constituent rights under sections 26(7) and 27(1) limit, marginalise and alienate their right of participation actively, freely and meaningfully when creating proposals to change or alter Kenyan’s Constitution under section 5 of Act and to vote on these proposals through national referendum.
The applicants allege that these provisions violate Kenya’s Constitution and are therefore null and void. Furthermore, they assert their fundamental right as Kenyans to have their final say on a draft Constitution which will govern them throughout their lives and which they must abide by.