, NAIROBI, Kenya, Jan 25 – The High Court has ruled that the Attorney General, despite being a member of Cabinet, cannot take on the roles of a Cabinet Secretary without first meeting certain requirements.
It has therefore declared the Executive Orders that granted the Attorney General those powers and privileges as relates to the Council of Legal Education null and void.
“A declaration that the respondent’s purported exercise of Cabinet Secretarial functions under the Legal Education Act, 27 of 2012 or under any other piece of legislation, where the same is inconsistent with or contrary to the spirit Constitution or the law in null and void.”
In the event that the Attorney General takes on tasks reserved for Cabinet Secretaries – where permitted by the Constitution and the law – Justice George Odunga adjudged, he should be required to take an oath of office in the interest of accountability and would therefore be subject to the procedure governing the removal of a Cabinet Secretary.
The judgement has however been suspended for a period of three months in public interest to allow the Executive take the necessary remedial action to comply with the law.
“In the circumstances and pursuant to Article 23 of the Constitution I declare that this decision will only affect future actions of the Respondent and the declaration of unconstitutionality of the Cabinet Secretarial functions of the Respondent will be suspended for a period of three months to enable the executive take appropriate remedial action.”
The petition challenging the legality of the Attorney General carrying out duties reserved for Cabinet Secretaries was filed by a George Bala.