I’m undoubtedly legally in office – AG

July 15, 2013 3:22 pm
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"There is no requirement in law that each time there is a change of administration he should be re-appointed, re-vetted and take a new oath."/FILE
“There is no requirement in law that each time there is a change of administration he should be re-appointed, re-vetted and take a new oath.”/FILE
NAIROBI, Kenya, Jul 15 – Attorney General Githu Muigai on Monday said he was constitutionally in office, dismissing a media report that alleged his tenure was ‘irregular.’

Speaking after meeting a delegation of the African Court on Human and People’s Rights, he said he was vetted and appointed to office during President Kibaki’s tenure, and there was no requirement for fresh vetting under a new regime.

“The Attorney General of the Republic of Kenya was appointed under the new Constitution, he was vetted by Parliament, he took an oath under the new Constitution and he is serving under the new Constitution,” he clarified.

“There is no requirement in law that each time there is a change of administration he should be re-appointed, re-vetted and take a new oath.”

His remarks were sparked off by a report in one of the local dailies stated that he had not been vetted or approved by Parliament.

The report further alleged that unlike the Director of Public Prosecutions (DPP), Muigai does not have security of tenure and a work contract.

According to the paper, for Muigai to continue being the Attorney General, he should have been a member of the Cabinet hence President Uhuru Kenyatta should have re-appointed him since he was selected in the previous administration.

The AG said he was serving as he had been requested by President Kenyatta to continue with his work.

“He (Attorney General) serves at the pleasure of the president. In this regard the president can nominate another person for that position as he may deem fit subject to the constitution and the law,” he explained.

He further added, “Muigai was requested by the new administration to continue serving in the same capacity and the appropriate legal-instruments were executed in that regard. There can be no question of that appointment requiring further vetting as Prof Muigai is merely continuing in an office for which he has already been vetted by Parliament.”

Muigai was among the first batch of constitutional office holders to be vetted publicly in 2011.

Others included Chief Justice Willy Mutunga, former Deputy Chief Justice Nancy Baraza and Director of Public Prosecutions Keriako Tobiko.

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