The Attorney General of Kenya

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Attorney General of KenyaThe Attorney General of Kenya, Hon. Prof. Githu Muigai has over 20 years experience in the practice of law in Kenya and in East Africa.

Prof. Muigai holds LLB and Ph.D. degrees from the University of Nairobi and an LLM Degree from Columbia University School of Law, New York. He was called to the Bar in 1985.

In addition to the practice of law he is an Associate Professor of Public law in the School of Law of the University of Nairobi (currently on leave of absence).

He has a wide range of areas of practice which include Commercial Litigation and Arbitration, Constitutional and Administrative Law, Information and Communications Technology Law, Insurance and Banking Law, Investments Law, Mergers & Acquisitions Law, Public and Private International Law, Public Procurement Law.

From August 2008 – September 2011 Prof. Githu Muigai was the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

He is a Fellow of the Chartered Institute of Arbitrators (UK) and a member of the American Association of Trial Lawyers, Institute of Public Secretaries, Law Society of Kenya, East African Law Society, Council of Legal Education, International Commission of Jurists International Bar and the Association and the Commonwealth Lawyers Association.

Hon. Prof. Githu Muigai was sworn as sixth Attorney General of the Republic of Kenya on the 23rd of August 2011. The Attorney General is the Principal Legal Adviser to Government of the Republic of Kenya.

Functions of the Attorney General of Kenya:

  1. Advising Government Ministries, Departments, Constitutional Commissions and State Corporations on legislative and other legal matters.
  2. Advising the Government on all matters relating to the Constitution, international law, human rights, consumer protection and legal aid.
  3. Negotiating, drafting, vetting and interpreting local and international documents, agreements and treaties for and on behalf of the Government and its agencies.
  4. Coordinating reporting obligations to international human rights treaty bodies to which Kenya is a member or on any matter which member States are required to report.
  5. Drafting legislative proposals for the Government and advising the Government and its agencies on legislative and other legal matters.
  6. Reviewing and overseeing legal matters pertaining to the registration of companies, partnerships, business names, societies, adoptions, marriages, charities, chattels, hire purchase and coat of arms.
  7. Reviewing and overseeing legal matters pertaining to the administration of estates and trusts.
  8. In consultation with the Law Society of Kenya, advising the Government on the regulation of the legal profession.
  9. Representing the national Government in all civil and constitutional matters in accordance with the Government Proceedings Act (Cap. 40).
  10. Representing the Government in matters before foreign courts and tribunals and
  11. Performing any function as may be necessary for the effective discharge of the duties and the exercise of the powers of the Attorney General

Powers of the Attorney General of Kenya

The Attorney General of Kenya has power to—

(a) with leave of the court or tribunal, appear at any stage of proceedings, appeal, execution or any incidental proceedings before any court or tribunal;

(b) require any officer in the public service to furnish any information in relation to any matter which is the subject of legal inquiry;

(c) summon any officer in the public service to explain any matter which is the subject of litigation by or against the Government; and

(d) issue directions to any officer performing legal services functions in any Government Ministry.

The Attorney General of Kenya shall—

(a) establish such directorates, divisions, sections or units in the Office as may be necessary;

(b) establish such county or regional offices as may be necessary;

(c) supervise the formulation of policies and plans of the Office; and

(d) perform any other action necessary in the administrative interests of the Office.

Removal from office

The President may remove the Attorney-General from office only for—

(a) serious violation of the Constitution or any other law;

(b) gross misconduct, whether in the performance of their functions or otherwise;

(c) physical or mental incapacity to perform the functions of office;

(d) incompetence; or

(e) bankruptcy.