Kenya’s Attorney General serves as head of the State Law Office and principal legal advisor to government. Appointed by President with approval of National Assembly.
An ethical AG would defend the people and their rights by questioning government policies which violate human rights; unfortunately, Kenya’s AG has shown either ignorance or disregard for his constitutional role.
The Office of the Attorney General
The Attorney General serves as the principal legal advisor of the national government. They represent it in court proceedings where necessary and other legal actions initiated against it; additionally they perform any additional functions conferred by law that protect public interests while upholding rule of law and maintaining order.
Since Kenya’s 2010 Constitution outlined roles and responsibilities, many changes have taken place within Kenya’s Attorney General office. Now more than ever before, their docket includes civil, criminal, immigration, and citizenship matters as well as deputies who assist with carrying out duties of this office.
Justin Muturi, two-term National Assembly Speaker, may soon become Kenya’s next Attorney General after President William Ruto nominated him on Tuesday and his nomination by the National Assembly is currently awaiting approval. Muturi joined Ruto’s Kenya Kwanza Alliance four months before elections despite Kenyatta’s request that he not support Ruto’s presidential ambitions.
The Office of the Attorney General in Kenya is charged with providing advice and representation of legal matters on all aspects to national government as well as representing Kenya in international treaties, agreements and fora. Furthermore, this office ensures all laws are enforced while safeguarding court system integrity.
Domestically, the Attorney General’s office provides advice to government ministries, constitutional commissions and state corporations on any legal matter that might affect them. They are also charged with prosecuting corrupt officials civilly as well as conducting investigations and prosecutions of corruption cases that include money laundering and organized crime.
Recently, the Attorney General’s Office has been involved in several landmark legal cases. One notable instance involved a 14-year-old girl who died as a result of complications associated with an unsafe abortion procedure and who won their suit through Center for Reproductive Rights’ successful challenge to Ministry of Health withdrawal of policy document that would reduce morbidity and mortality associated with unsafe abortion procedures.
The Office of the Solicitor General
The Office of the Solicitor General is a government office that serves as an advisor to Attorney General, providing essential functions. Based out of State House in Nairobi and comprised of highly-qualified lawyers.
Section 9 of the Attorney General Act establishes this office. The President nominates and the National Assembly approves his/her appointment; furthermore, this person must be a Kenyan national with a law degree from a recognized university as well as being admitted as an advocate with the High Court of Kenya.
He or she must also possess good character and integrity, possess at least 10 years’ experience as an academic, judicial officer or legal practitioner in a common law jurisdiction and hold full-time residency within that office; salaries and allowances will be set by the Salaries and Remuneration Commission.
Solicitor Generals must strike a careful balance between serving their superiors (President and Attorney General) legally while simultaneously furthering long-term national interests. Their task requires high levels of skill and dedication; solicitors general must have the ability to address complex matters quickly and efficiently.
Muigai issued his inaugural public statement since joining the office in April and stated that the International Criminal Court (ICC) charges against Kenyatta and Ruto were “unique”, adding that their indictments threatened the safety of 250 million people across Kenya and beyond. Muigai appealed to the ICC to recognise both social and political realities in each country it works with.
Shadrack J Mose was officially inaugurated as Solicitor General by President William Ruto with the approval of the National Assembly on Monday at State House. Mr Mose has over 29 years of legal expertise and previously represented Kitutu Masaba constituency from 2017-2022 in Parliament.
The Solicitor General serves as legal advisor to the government. Their primary duties include providing advice to President, Cabinet, and senior officers on matters pertaining to constitutional, statutory, and legal interpretation; representing it before foreign courts and tribunals for legal matters related to foreign countries; representing it during legal proceedings with foreign countries before foreign courts/tribunals and fulfilling any additional functions that arise pursuant to Office of Attorney General Act provisions.
The Office of the Deputy Attorney General
Kenya’s Office of the Deputy Attorney General is one of its most influential legal institutions, serving to represent national government in court proceedings and proceedings to which they are parties, providing policy coordination oversight services for various legal sector institutions, and acting as legal advisor for President William Ruto’s nominee Justin Muturi to become Attorney General and approved by Parliament following a vetting process.
In addition to his or her duties as Attorney General, the Deputy Attorney General also oversees public prosecutions and any litigation concerning state assets in their country. This position requires high ethical standards and excellent communication skills in addition to being capable of efficiently managing staff and resources.
The position of Kenya Deputy Attorney General is defined by constitution and should be filled by an individual with sufficient neutrality in political matters and adequate knowledge and expertise in law to effectively represent Kenya’s interests.
Kenya’s Deputy Attorney General has emerged as a vocal defender of President Kenyatta and his administration over recent months, warning opposition leaders of facing treason charges if they disobey the constitution or participate in mass protests against government policies to curtail rising living costs. Kenya is currently trying to cut spending and raise taxes in response to an increasingly serious cost-of-living crisis.
Muigai recently stated at a conference that Kenyatta’s indictment by the International Criminal Court (ICC) poses an immediate risk to 250 million people residing from Djibouti to eastern DRC (Democratic Republic of Congo) and beyond.
The deputy attorney general also called upon the International Criminal Court (ICC) to grant immunity to heads of state who play an integral part in regional stability, noting their importance for regional harmony. Furthermore, he called upon African Union countries to reconsider their policy as recently the AU issued a resolution saying African states should not face prosecution from ICC prosecution while in office – this decision has been strongly condemned by human rights organizations.
The Office of the Deputy Solicitor General
Under law, the Attorney General represents the national government in any legal proceedings that it is involved with and also promotes human rights and implements the Constitution. He oversees legal aid provision while leading policy coordination and oversight for various legal sector institutions.
The Office of the Deputy Solicitor General is an integral component of Kenya’s Attorney General and serves as a key resource in prosecuting high-level criminal cases. Their efforts support national security while seeking justice for victims.
Constitutionally, the Attorney General is accountable to Parliament and must advise the Cabinet on matters of national importance. They may be removed by the President for gross misconduct, incompetence or physical incapacitation and are also required to sign documents pertaining to foreign affairs and defence policies.
Kenya’s Attorney General Githu Muigai has called upon the International Criminal Court (ICC) to acknowledge social and political realities of countries it works with and grant immunity to heads of state. Additionally, Muigai asked that allegations of bias against Kenya be addressed by ICC members. His remarks came at a conference on pre-trial detention held in Nairobi which featured representatives from 20 African nations as well as officials from U.S. Department of Justice.
Recently, Assistant Attorney General Kenneth Polite traveled to various African countries in order to promote cooperation and advance the Justice Department’s mission. While in Africa he met with African counterparts from his own department including Chief Justice Martha Koome and Director of Public Prosecutions Noordin Haji as well as international partners including Idrissa Nibilma Bado from Burkina Faso and Augustin Yao Kouame from Cote d’Ivoire where they discussed extradition matters and mutual legal assistance requests while showing their appreciation for their partners support and partnership.