The Attorney General of Kenya serves as the head of the State Law Office, the principal legal adviser to the government of Kenya, and a key member of the Cabinet. The office is pivotal in advising the government on legal matters, formulating legal policies, and ensuring the proper administration of justice across the country. Currently, Dorcas Agik Oduor holds the position, becoming the first woman to serve as the Attorney General of Kenya since her appointment on 20 August 2024.
History of the Office
The position of Attorney General in Kenya has a long history, dating back to the colonial period when the country was part of the East African Protectorate. The office was initially established in 1906, when Alfred Kerney Young was appointed as the first Attorney General, serving during the period of British colonial rule.
After Kenya gained independence in 1963, the office continued to play a critical role in shaping the country’s legal and political systems. The 2010 Constitution of Kenya significantly redefined the responsibilities of the Attorney General, making the position the principal legal adviser to the government and ensuring the protection of the rule of law in Kenya.
Key Functions of the Attorney General
According to Article 156 of the 2010 Constitution of Kenya, the Attorney General has several key functions and duties, including:
- Advising government ministries, departments, constitutional commissions, and state corporations on legislative and legal matters.
- Negotiating, drafting, vetting, and interpreting local and international legal documents, agreements, and treaties on behalf of the government.
- Defending public interests, ensuring that the rule of law is upheld across all spheres of government and that the legal framework of Kenya is robust.
In addition to these responsibilities, the Attorney General works with a number of other officials, including the Solicitor General, the Senior Deputy Solicitor General, and the Director of Public Prosecutions.
Attorneys General of Kenya (1895–Present)
Attorneys General of the East African Protectorate (1895–1920)
- Alfred Karney Young (1895–1909)
- Ralph Molyneux Combe (1909–1914)
- Sir Jacob William Barth (1914–1918)
- Ivan Llewelyn Owen Gower (1918, acting)
- Robert William Lyall-Grant (1918–1920)
Attorneys General of British Kenya (1920–1963)
- Robert William Lyall-Grant (1920–1925)
- Ivan Llewelyn Owen Gower (1925–1926, acting)
- Sir Walter Huggard (1926–1929)
- Sir Alisdair Duncan Atholl MacGregor (1929–1934)
- Walter Harragin (1933–1941)
- Sir Stafford William Powell Foster-Sutton (1944–1948)
- Sir Kenneth O’Connor (1948–1951)
- Sir John Whyatt (1951–1955)
- Sir Eric Newton Griffiths-Jones (1955–1963)
Attorneys General of Independent Kenya (1963–Present)
- Charles Mugane Njonjo (1963–1979)
- Njonjo served as the first independent Attorney General of Kenya after independence, playing a key role in shaping the country’s legal system.
- James B. Karugu (1980–1981)
- Karugu served briefly after Njonjo, continuing the legal reforms in Kenya’s post-independence era.
- Joseph Kamere (1981–1983)
- Kamere continued the tradition of legal leadership in Kenya during the early 1980s.
- Matthew Guy Muli (1983–1991)
- Muli’s tenure focused on strengthening Kenya’s legal institutions.
- Amos Wako (1991–2011)
- Wako had a long tenure as Attorney General, overseeing many significant constitutional and legal reforms.
- Githu Muigai (2011–2018)
- Muigai was instrumental in the enactment of the 2010 Constitution and played a significant role in the implementation of legal reforms.
- Paul Kihara Kariuki (2018–2022)
- Kihara served as the AG during a period of significant legal and political challenges in Kenya.
- Justin Muturi (2022–2024)
- Muturi served as the AG before Dorcas Oduor’s appointment in 2024.
- Dorcas Oduor (2024–Present)
- Oduor became Kenya’s first female Attorney General, marking a significant milestone in Kenya’s legal history.
The Role of the Attorney General in Kenya’s Legal System
The Attorney General is not only the chief legal adviser to the government but also plays a key role in shaping national policy. The officeholder is involved in the drafting of legislation, interpretation of laws, and ensuring that all government actions are in line with the Constitution. The Attorney General also represents the government in legal matters and in the courts, ensuring that the public interest is defended in all judicial proceedings.
Conclusion
The Attorney General of Kenya has played a vital role in the country’s legal framework, both during the colonial era and in the post-independence period. The office’s responsibilities have evolved over time, with a continued focus on upholding the rule of law, advising government institutions, and ensuring that Kenya’s legal system remains strong and transparent. Under the leadership of Dorcas Oduor, Kenya is witnessing a new chapter in the office’s history, with a renewed emphasis on gender equality and effective governance in the legal domain.
