Court rules LSK has no powers to summon AG

Kenya: The Law Society of Kenya (LSK) has no legal authority to summon and censure Attorney General Githu Muigai over the conduct of his official duties, the High Court ruled.

Consequently, LSK was restrained from summoning or questioning Prof Muigai over his official conduct and in particular his advice to the Government on matters touching on the multi-billion shillings Anglo Leasing scandal.

Three judges also ruled that the council had no mandate in law to award a certificate of dishonor to the AG as they had threatened to do mid last year. Weldon Korir, Mumbi Ngugi and George Odunga quashed the proceedings intended to issue the AG with the certificate, saying such a move had no place in law.

Muigai filed a petition at the High Court last year challenging the summons issued to him by LSK on June 16, 2013. The purpose of the meeting was to question him over a case in which he represented the Government in the United Kingdom.

Muigai filed the petition in his personal capacity as an advocate and member of the LSK and as AG.

The LSK had decided to censor and confer on him a certificate of dishonor after accusing him of mis-advising the Government in regard to the Anglo Leasing case in the UK.

In particular, the AG was accused of having mis-advised State to pay billions for breach of the Anglo Leasing contracts. The payments were made in May and June last year.

LSK summoned the AG as one of its members. It also petitioned Parliament for his removal and also filed a suit against him and Treasury at the High Court, which is still pending. But in his petition, Muigai through his lawyers Waweru Gatonye and Assa Nyakundi argued that under the Attorney General Act, no proceedings could be instituted against him over his conduct in representing the Government in any court proceedings. He said his office was independent in law, corporate and immunised from any liability arising from his official conduct.

LSK through their lawyer Ahmednassir Abdulahi objected the suit, saying the court had no legal authority to entertain it as it was filed by the AG and not by an individual whose rights were being violated.

LSK said by summoning the AG, it had not broken any law but had accorded him the respect entitled to him as a member of the society.