Seven Kenyans in court to contest AG Muturi's dismissal
National
By
Denis Omondi
| Jul 15, 2024
Seven Kenyans, led by Nakuru-based doctor Magare Gikenyi, have filed a petition at the High Court in Nairobi challenging the dismissal of Attorney General Justin Muturi.
According to the petitioners, President William Ruto's order issued on Thursday, July 11, is ‘illegal, irregular and unconstitutional’ and should therefore be quashed by the court.
They argue that President Ruto, unlike his predecessors who served before the 2010 constitution, does not enjoy the pleasure doctrine that granted presidents sweeping powers to dismiss government officials.
The petitioners insist that President Ruto must follow the constitutional provisions for the removal of the holder of the office of the Attorney General. The cited article states that the office holder can be removed for gross violation of the constitution, gross misconduct, physical or mental incapacity, incompetence, or bankruptcy.
“The president has no powers to dismiss the honourable attorney general without adhering to the said statutory conditions within the principle of fair hearing as established in article 47 as read with article 236 of the constitution and/or upon the election of the new government,” reads part of the petition.
Further, the petitioners have told the court that the absence of a substantive occupant at the apex seat at the State Law office exposes the government to potential defeats in court cases that require counsel of the Attorney General.
Moreover, they insist that public officers are protected by law and should never be victimised or discriminated against for lawful decisions taken as dictated by the offices they hold, and any disciplinary action must follow the law.
“The office of the Attorney General is an independent office protected under articles 248 and 249 of the Constitution of Kenya and hence the holder of that office cannot be removed whimsically without following statutory and constitutional process,” they say in the petition.
Attorney General Justin Muturi vacated office on Thursday, July 11, following President Ruto’s decision to dissolve his cabinet to pave the way for a fresh start following weeks of youth-led anti-government protests.
The Presidency, represented by the Attorney General, and the Public Service Commission have been listed as respondents in the matter before Judge Lawrence Mugambi.
On the other hand, former AG Justin Muturi, the Law Society of Kenya, Katiba Institute, and Kituo cha Sheria have been designated as interested parties.