The Attorney General (AG) office in Kenya is charged with overseeing Kenya’s legal framework to uphold and uphold rule of law, democracy and human rights. The President nominates an AG for approval by the National Assembly to carry out these functions.
The Attorney-General (AG) is an independent and accountable public office that should provide efficient, professional legal services to both Government and public for purposes of facilitating, promoting and monitoring rule of law principles, human rights protection and democracy.
Paul Kihara Kariuki
Kenya’s Attorney General serves as its premier legal adviser, responsible for upholding the country’s legal system and overseeing court decisions implemented by government. Furthermore, they help manage public expectations surrounding courts.
Paul Kihara Kariuki was appointed Attorney-General by President Uhuru Kenyatta to fill the vacancy left by Professor Githu Muigai’s resignation.
His career highlights include being the President and Judge of Court of Appeal of Kenya; serving as head of Judicial Training Institute (JTI); as well as other positions held.
Mr Kariuki’s appointment was intended to improve relations between the Judiciary and Executive. Relations had become strained in recent years after Attorney-General declined to swear in 41 judges recommended by Judicial Service Commission.
Mr Kariuki serves both as an attorney and as President’s representative in court, which allows him to act as an Amicus Curiae – someone allowed by law who submits legal arguments that can help judge reach decisions more efficiently in court proceedings.
An Amicus Curiae plays an invaluable role in court cases by helping ensure their decisions are grounded on hard evidence rather than perceptions or biases, increasing its likelihood of producing the desired result.
However, Amicus Curiae serves a very important function by helping both sides to resolve disputes without turning to court orders or appeals as the last resort – which could go a long way toward mitigating Kenya’s growing social divide.
As expected, Mr Kihara will play an integral part in petitions filed at the Supreme Court by Raila Odinga and others to nullify August 9 presidential election results. According to an affidavit of support provided by him for these cases, Mr Kihara indicated his support.
Justin Muturi
The attorney general serves as the principal legal adviser of the government and is appointed by both the president and National Assembly. Their primary duties are providing professional legal services efficiently to both government departments as well as to the general public; complying with legal obligations including using public funds wisely.
Justin Muturi is a former Speaker of the National Assembly and is now President William Ruto’s principal legal advisor, after going through the necessary vetting procedures.
On 26 October 2022, his appointment was approved by the National Assembly. As Attorney General of Kenya, he has the authority to provide legal advice to government entities as well as carry out any other functions necessary for carrying out his duties effectively.
Lawyer and member of Kenya Bar Association since 1985. He is known as one of his father’s sons – deceased Paul Kihara Kariuki was an appellate court judge and later Court of Appeals president.
Muturi was first employed as a magistrate of Kenya’s courts; part of Thika Magistrates’ Court. Due to his acquittal of an important figure charged with murder, then-Prime Minister Githu Muigai requested him as Machakos magistrate.
During his three years in Machakos, he was responsible for administering an area covering Gatundu in Kiambu, Kandara in Muranga and Kithimani in Machakos – with several magistrates working under him.
At Machakos, he befriended two of Kenya’s senior advocates – Moses Masika Wetangula and Gerald Otieno Kajwang (deceased), both running for president of Kenya in upcoming elections.
Muturi soon realized the difficulty associated with access to justice, realizing that many individuals would never have their cases heard due to lack of access to lawyers and courtrooms.
Justin Bedan Njoka Muturi
Justin Bedan Njoka Muturi was born on 28 April 1956 in Kanywambora, Embu County. Since then he has held various political roles within Kenya including Speaker of the National Assembly and Attorney General; additionally he served as MP for Siakago Constituency in Western Province for eight years prior to this appointment.
Muturi has always been a natural leader and for over two decades now has served his community of Siakago as their elected representative, working hard to improve justice across Kenya.
Muturi has long been an integral member of Kenyan society and an outspoken champion for human rights – particularly women’s and children’s. Additionally, he has worked to build the capacity of law enforcement agencies and judiciary systems in combatting corruption effectively.
He is a trained attorney with a Bachelor of Laws from the University of Nairobi’s Faculty of Law. In his legal career he has held various legal posts such as senior prosecutor, Chief Magistrate of Kenya and Justice Secretary.
Since 1986, Mr. Mbewu has been a member of the Kenyan Bar Association and has practiced law at every major court across Kenya. He has successfully represented numerous public interest cases and is considered an authority on constitutional law.
As a lawyer, he has always been a fervent champion for human rights in Kenya. He founded Kenyan Lawyers for Human Rights and served on the board of directors at Kenyatta Institute of Human Rights.
With both a bachelor’s and master’s degrees in law, he completed postgraduate studies including an LLM. Furthermore, he is a member of the International Bar Association.
He has held various government positions, most recently being appointed Attorney General by President Uhuru Kenyatta on 22 February 2022. He will officially retire on 8 August 2022.
As attorney general of Kenya, Muturi is accountable for overseeing justice across all aspects of life in Kenya. He oversees the judiciary system while working to promote transparency within government and defend citizens’ rights. Furthermore, he is charged with providing legal advice to government agencies.
Justin Ruto
Kenya’s Attorney General serves as both head of State Law Office and principal legal advisor to national Government, appointed by President with approval of National Assembly. Responsibilities of Attorney General in Kenya include representing national Government in court proceedings (excluding criminal ones) where applicable; upholding rule of law principles while safeguarding public interest; legal education/reform and law reform among others roles they fulfill.
This office falls within the executive branch and is governed by the Constitution. The Attorney-General is appointed by the President with approval from the national Assembly, and should possess significant experience in law and government as a practicing lawyer, while being fluent in both spoken and written English.
President Ruto appointed Justin Muturi as Attorney-General on 10 October 2022 and was officially inaugurated as 8th AG on 11 April 2018.
Mr Muturi is a senior lawyer and former judge. He served as President of the Supreme Court for more than two years before transitioning into politics for over 30 years. Mr Muturi holds both a Law Degree from University of Nairobi as well as a Masters in Laws degree from Harvard University.
According to the Office of Attorney-General Act (2012), the Attorney-General is charged with upholding the rule of law and protecting public interest. As part of his job duties outlined under this act, he/she serves as both Cabinet member and ex officio member of Parliament.
He has an additional broad mandate of strengthening legal sector institutions. Therefore, he must create policies and guidelines addressing such topics as access to justice, capacity building and human rights in the law sector.
However, he does not have the authority to alter Kenya’s Constitution unilaterally; any bill intended to do so must first pass through National Assembly before being approved by President.
At the 2007 and 2008 elections in Kenya, widespread violence erupted that included sexual violence by police officers and other perpetrators against women who were victims of rape, defilement, or gang rape. The High Court of Kenya found that Kenya’s failure to protect survivors of sexually-based violence (SGBV), investigate perpetrators properly, or prosecute those responsible breached their fundamental human rights of life, protection from torture/ill treatment/security of person. Hence they awarded these survivors general damages totalling four million Kenyan shillings each.