NAIROBI, Kenya — President William Ruto’s decision to dismiss Attorney General Justin Muturi and several Cabinet Secretaries has drawn sharp criticism from legal experts, raising concerns about the legality and legitimacy of government actions amid the country’s current crisis.
Prominent lawyer Kibe Mungai expressed his apprehension over the move, highlighting the critical role of the Attorney General, especially during times of constitutional turmoil.
In an interview with The Star, Mungai emphasized the indispensability of the AG’s office under Article 156 of the Constitution.
“While state counsel can assist, they do not hold the same authority as the Attorney General. The Solicitor General is essentially a Principal Secretary. The AG’s office is a constitutional one and cannot remain vacant during a severe constitutional crisis,” Mungai stated.
Mungai warned that the absence of an AG would cast doubt on the legality of President Ruto’s decisions during this period.
He pointed out that the AG provides essential legal counsel, which is crucial for the government’s operational integrity.
“The President has created a vacuum by this action and mentioned forming a broad-based government, potentially involving opposition leaders. This raises the question: on whose legal advice will these decisions be based?” Mungai questioned.
Drawing parallels to past events, Mungai noted that even during significant government shake-ups, the AG’s position was preserved.
He referenced the late President Mwai Kibaki’s dissolution of his Cabinet in 2005, where the AG was retained due to the office’s importance in ensuring legal continuity.
“When President Kibaki dissolved his Cabinet, he kept the AG. The reasoning was clear – the AG’s office should not be vacant, especially not during a crisis,” he remarked.
Mungai acknowledged that while the President has the authority to remove the AG, doing so amid a crisis is unwise.
He stressed that decisions with profound legal and constitutional ramifications are often made during such times.
“The President cannot simply appoint legal advisors from private law firms after firing the AG. This is not permitted under the law,” Mungai asserted, underscoring the constitutional mandate that the Attorney General remains the principal legal advisor to the government.
The Attorney General’s role extends beyond advisory functions. The AG represents the national government in legal proceedings and performs duties assigned by an Act of Parliament or the President.
The abrupt dismissal of AG Muturi, therefore, raises significant concerns about the continuity and stability of legal guidance within the government.
