Chapter 9: THE EXECUTIVEPart 4 — OTHER OFFICES

Article 156. Attorney-General

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President
• 132. Functions of the President
• 133. Power of mercy
• 134. Exercise of presidential powers during temporary incumbency
• 135. Decisions of the President
• 136. Election of the President
• 137. Qualifications and disqualifications for election as President
• 138. Procedure at presidential election
• 139. Death before assuming office
• 140. Questions as to validity of presidential election
• 141. Assumption of office of President
• 142. Term of office of President
• 143. Protection from legal proceedings
• 144. Removal of President on grounds of incapacity
• 145. Removal of President by impeachment
• 146. Vacancy in the office of President
• 147. Functions of the Deputy President
• 148. Election and swearing in of Deputy President
• 149. Vacancy in the office of Deputy President
• 150. Removal of Deputy President
• 151. Remuneration and benefits of President and Deputy President
• 152. Cabinet
• 153. Decisions, responsibility and accountability of the Cabinet
• 154. Secretary to the Cabinet
• 155. Principal Secretaries
• 156. Attorney-General (current)
• 157. Director of Public Prosecutions
• 158. Removal and resignation of Director of Public Prosecutions

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In this Chapter

Official Constitutional Text

156. (1) There is established the office of Attorney-General.

(2) The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(3) The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.

(4) The Attorney-General—

(a) is the principal legal adviser to the Government;

(b) shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and

(c) shall perform any other functions conferred on the office by an Act of Parliament or by the President.

(5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.

(6) The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.

(7) The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 156 creates the office of the Attorney-General, who serves as the chief legal adviser to the Kenyan government and the defender of the public interest. The President selects the nominee for this position, but the candidate must be vetted and approved by the National Assembly before taking office. To qualify, a person must have the exact same high legal credentials required to become the Chief Justice of the country. The Attorney-General handles all non-criminal legal matters for the state, which includes writing legal advice for the government, representing the national government in civil court cases, and acting as a neutral "friend of the court" in public-interest lawsuits. Ultimately, the Attorney-General is personally responsible for protecting the rule of law, but because the job is so large, they can delegate these powers to subordinate government lawyers who must follow their specific instructions.