The Attorney General of Kenya is the principal legal adviser to the Government of Kenya. The office is established under Article 156 of the Constitution of Kenya (2010). The Attorney General serves as the chief legal officer of the state and is an ex officio Member of Parliament and the Cabinet.
Constitutional Mandate and Functions Under Article 156(4) and (5) of the Constitution, the Attorney General’s responsibilities include:
- Representing the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings.
- Performing any other functions conferred by an Act of Parliament or by the President.
- Promoting, protecting, and upholding the rule of law and defending the public interest.
- Overseeing the administration of justice, including the drafting of legislation and the negotiation of international treaties and agreements.
Distinction from the Director of Public Prosecutions (DPP) Prior to the 2010 Constitution, the Attorney General held the power to institute and undertake criminal proceedings. The 2010 Constitution transferred prosecutorial powers to the independent Office of the Director of Public Prosecutions (ODPP) under Article 157. Consequently, the Attorney General no longer exercises prosecutorial authority in criminal matters.
Appointment and Tenure The Attorney General is nominated by the President and appointed with the approval of the National Assembly. The office holder must possess the qualifications required for appointment as a Judge of the Supreme Court (at least 15 years' experience as a superior court judge or distinguished legal practitioner/academic). The Attorney General serves a term of eight years or until retirement age (70), whichever is earlier, and is not eligible for re-appointment.
State Law Office The Attorney General heads the State Law Office (formerly the Office of the Attorney General and Department of Justice), which comprises various departments including Civil Litigation, Treaties and Agreements, Legislative Drafting, and the Administrator General’s Office.
Historical Context The office traces its origins to the colonial era (British East Africa Protectorate), evolving through the independence period (1963) under the Independence Constitution. The 2010 Constitution significantly restructured the role, separating prosecutorial functions and strengthening the advisory and representational mandate.
