The High Court in Nairobi has declined to stop the recruitment of Rebecca Miano as Justin Muturi’s successor for the office of Attorney General.
Justice Lawrence Mugambi ordered lawyer Mwaniki Gachuba to serve the court papers and appear on September 30, 2024, for a hearing.
Gachuba argued that his case would be rendered an academic exercise if Miano took over the AG's office without probing President William Ruto’s decision to show Muturi the door.
He said the former AG ought to have served for five years and the President violated the law by dismissing him without making public the reasons for the same.
Gachuba asserted that Ruto’s reflections are not grounds for removing an AG from office. Instead, he said that Muturi ought to have been subjected to the law, including being given a chance to face his accusers, if any, before dismissal.
The lawyer sued the office of the AG and roped in Muturi and Law Society of Kenya as an interested party.
“No evidence was given to the public when and how the first interested party was adjudged as guilty and became liable for removal from office under Section 12 (1) of the Office of the Attorney General Act, 2012. The removal of the first interested party from office is unconstitutional, unlawful, null and void and has no legal effect,” argued Gachuba.
He argued that the AG can only be removed from office if found to have violated the Constitution or any other law. Gachuba further said
that there should be evidence of gross misconduct during his performance of duty.
He said that the AG can be removed from office if he is physically or mentally incapable of performing or if he or she is incompetent or due to bankruptcy.
The lawyer argued that Ruto violated the law by failing to uphold the Constitution while dismissing Muturi.
Gachuba said that the President failed to give Muturi a chance to defend himself or to be heard.
He argued that the Head of State cut short Muturi’s expectations to serve without being unnecessarily interrupted or being subjected to uncertainty.
Gachuba said that currently, there is no procedure for the removal of the AG from office other than what is provided for in the Office of Attorney General Act, 2012.
“The removal of the first interested party from office violated his right to fair administrative action and due process under Article 47(1)(2) and 236 of the Constitution of Kenya, 2010 and Section 4 and 5 (1) of the Fair Administrative Action Act, 2015,” he said.
He wants the court to block any nomination or appointment of Muturi’s successor. At the same time, the lawyer wants the court to suspend President Ruto’s decision to kick him out the former AG Gachuba also wants the court to order the government to shoulder the cost of the case.
He claimed that Muturi comes from the minority Mbeere community and ought to be protected from unlawful procedures.
