Kenya’s Office of the Attorney General is an essential institution, but not exempt from criticism.
On Tuesday, Assistant Attorney General Kenneth A. Polite met with Honorable Chief Justice Martha Koome and Honorable Kenya Director of Public Prosecutions Noordin Haji for meetings. Together they discussed various matters, such as alternatives to pretrial detention and creating plea agreement regimes to reduce it.
Who is Justin Bedan Njoka Muturi?
Justin Bedan Njoka Muturi came to Nairobi after excelling at Kangaru Boys High School to study law at the University of Nairobi’s Parklands campus. An active student activist, he served as Secretary General for Kenya Law Students Society as well as contributing greatly to KSRc – precursor of SUNNU (Students’ Union of Nairobi University). Additionally he regularly participated in basketball team “The Terrorists”.
After graduating law school, Muturi was initially appointed a magistrate until being accused of accepting bribes in one case and forced to step down. Subsequently he entered politics, serving as MP for Siakago on a KANU platform after winning a by-election following Cyrus Ita’s death; during his 10th Parliament term as opposition chief whip and chair of Public Investment Committee; running unsuccessfully for Mbeere North seat but eventually losing to Muriuki Njagagua in 2013.
Muturi has played an instrumental role in several key legal decisions by the government during his time as Attorney General, most notably filing an appeal against a Supreme Court decision to permit gay and lesbian registration in Kenya.
Muturi’s biggest challenge will be instilling order and discipline into his office, something he has long advocated for. One advantage, or perhaps disadvantage, of having seen Mwai Kibaki govern as Speaker of Parliament has given Muturi an insight into getting things done quickly and efficiently.
JB Muturi prides himself on a strong work ethic and believes that “small changes add up to big results.” As Attorney General, his global perspective will prove invaluable in today’s Internet-dominated society. As Attorney General he plans to tackle issues of global significance such as climate change and cyber crime. Additionally, as corruption fighter he has made it clear he will fight it no matter who or when. Among others things, his mantra is “we cannot run a country without laws”, with his office already initiating an anti-corruption campaign campaign as part of his job duties.
Who is Paul Kihara Kariuki?
Paul Kihara Kariuki took office as Kenya’s seventh Attorney General in April 2018, replacing Githu Muigai who had held that post since 2005. Since his arrival, his tenure has seen ups and downs – in particular regarding relationships between judiciary and executive.
As head of the State Law Office, the Attorney-General serves as both legal adviser and Cabinet member. Her or his duties are defined by Article 156 of the Constitution and Office of Attorney-General Act and she or he serves as promoter and protector of legality as well as champion of public interests.
Kariuki has made some controversial decisions during his term as AG, such as his decision to exclude former Nairobi Metropolitan Services Director-General Dickson Badi from an oversight committee for the Nairobi Metro Rail project. A High Court judge eventually overruled this move on grounds that it was made without sufficient grounds or evidence.
Other decisions have also raised concerns regarding transparency and accountability, with the AG opting not to release his report on 2017 post-election violence investigations; his advice regarding constitutionality of proposed Protection of Personal Data Bill has also not been made available; furthermore, his conduct with media has called into question his independence.
Kariuki, as former President of Kenya’s Court of Appeal, is well-versed in Kenyan justice system. Beginning his career at Hamilton Harrison and Matthews as legal assistant in 1977 and eventually becoming partner, he excelled as an administrator within this firm. He later established Ndungu Njoroge and Kwach Advocates in 1986. Additionally to practicing law, he served as director of the Judiciary Training Institute, then later received an appointment as judge of the High Court in 2003. Kariuki has served on the Council of Legal Education since 2004, is currently a visiting scholar at University of Washington School of Law, and belongs to various professional organizations like Law Society of Kenya and International Bar Association.
What is the role of the Attorney General?
Under Article 156 of Kenya’s Constitution, the Office of Attorney General and Department of Justice is mandated to provide public legal services, promote and monitor rule of law principles, defend public interest issues and champion policy-oriented reform initiatives in these areas.
The Attorney General must also fulfill any other functions specified by law, such as acting as a friend of the court in any proceedings in which neither Government is party; requiring public servants to furnish information related to matters being investigated or litigated against by or against it; and giving direction to officers performing legal services functions within any Ministry.
Additionally, the Attorney General is charged with selecting and appointing Deputy Solicitor Generals and State Counsels as well as setting their terms of service and discharging them if needed. They also possess the power to appoint additional senior lawyers and judges into his/her office.
Additionally, the Attorney General represents the government during judicial reviews. This role is of particular significance in countries like Kenya where corruption is widespread and judicial independence under attack; so ensuring all cases are treated equally and impartially falls to this position.
Kitili Mwendwa was remembered fondly as an independent professional who would not allow themselves to be dictated to by those in power. Under his watchful gaze, the Office of Attorney General spearheaded numerous significant reforms throughout Kenya; these included publishing Kenya Law Reports again and banning Chang’aa production and sale, while also creating rural land control laws. Moreover, during his tenure the Attorney General provided important reforms like rural land control laws as well as setting aside alcohol as an alcoholic beverage (chang’aa is poisonous), ban on manufacture/sales as well as setting rural land control laws for rural land control laws – all hardworking independent professional who never bow down before those with power. His memory will always be revered.
Justin Bedan Njoka Muturi is a renowned lawyer and an iconic leader in Kenya’s fight against corruption. As such, he advocates on behalf of women, children, and marginalized communities; most recently he filed suit challenging government refusal to update Penal Code with 2010 Constitution; thus protecting public interests.
What is the mandate of the Attorney General?
The Attorney General oversees one of the state’s largest law offices and is charged with protecting it against lawsuits, upholding consumer protection and civil rights laws, prosecuting complex financial crimes such as money laundering or drug trafficking conspiracies; all appeals from felony convictions are handled statewide; legal advice is given to State agencies as well as formal opinions requested by officers, legislators or county attorneys on issues of law.
The Attorney General holds broad statutory powers that enable her to administer justice effectively through legislation drafting and vetting, selection of people for appointment to judicial posts, and authorizing prosecution of indictable offenses. While her powers are wide-ranging, she maintains significant control over prosecution decisions; under current legislation for example political crimes require her approval before beginning.
Though Kenya’s new constitution grants this position only recently, Kenya’s constitutional and statutory framework has long provided for an attorney general to provide various services, including administration of justice, legal aid access for vulnerable parties, good governance strategies anti-corruption anti-bribery strategies ethics integrity law reform.
Paul Karugu was widely recognized for his achievements during his time as attorney general of Kenya, including reinstating publication of Kenyan Law Reports and outlawing production and sale of dangerous alcohol called Chang’aa that can blind or even kill its drinkers. Widely considered one of Kenya’s premier legal professionals who stood up for rule of law at a time when corruption threatened an independent nation, Paul Karugu stood strong to protect rule of law in an environment threatened by corruption.
In 2020, Kenyan Judge Martin Kibatu joined other judges in ruling in favor of four survivors in the Constitutional Petition 122 of 2013 case that found that their government failed to investigate and prosecute post-election sexual violence against them. The ruling marked an important milestone for survivors’ pursuit of accountability and reparations from Kenya’s Government; additionally, reparations awarded was an indication that Kenya is taking steps toward fulfilling international obligations regarding providing redress and accountability to survivors of grave crimes such as sexual violence.