The Office of the Attorney-General in Kenya dates back to 1906. Over the years, with successive governments, the powers changed and evolved until the promulgation of the Constitution of Kenya 2010 which cemented the roles and functions of the Attorney-General.

According to Article 156 of the Constitution of Kenya 2010, the Attorney-General is the principal legal advisor of  the national government. The AG is responsible for representing the national government in court or any other legal proceedings to which the national government is a party, with the exception of criminal proceedings. The AG may perform any other functions conferred to the Office by an Act of Parliament or by the President. The Attorney-General is also the promoter of the rule of law and defender of public interest.

Additionally, pursuant to Executive Order No.2 of 2013, the AG discharges the functions of a Cabinet Secretary in relation to the Department of Justice. Therefore, it is the role and function of the Attorney-General to promote  human rights and implement the Constitution, access to justice through promoting legal aid, good governance, anti-corruption strategies, ethics and integrity, legal education and law reform, among others. The Attorney-General in Kenya also provides policy, coordination and oversight for various legal sector institutions. 

In addition to the functions under Article 156 of the Constitution, the roles and functions of the Attorney-General are to advise government ministries & departments on legislative and other legal matters; advise the Government on all matters relating to the Constitution, international law, human rights, consumer protection and legal aid; negotiate, draft, vet and interpret local and international documents; coordinate reporting obligations to international human rights treaty bodies to which Kenya is a member; draft legislative proposals for the government; review and oversee legal matters pertaining to the registration of companies, partnerships, business names, societies, adoptions, marriages, charities, chattels, hire purchase and coat of arms; review and oversee legal matters pertaining to the administration of estates and trusts; in consultation with the Law Society of Kenya, advise the government on the regulation of the legal profession; represent the national government in all civil and constitutional matters (Cap. 40); represent the government in matters before foreign courts and tribunals; and perform any function as may be necessary for the effective discharge of the duties and the exercise of the powers of the Attorney-General in Kenya.

Powers of the Attorney-General

The Attorney-General, by virtue of the office, is the head of the bar and therefore takes precedence in court in all matters whenever they appear. The AG has the power to appear at any stage of proceedings, appeal, execution or any incidental proceedings before any court or tribunal; require any officer in the public service to furnish any information in relation to any matter which is the subject of legal inquiry; summon any officer in the public service to explain any matter which is the subject of litigation by or against the Government; and issue directions to any officer performing legal services functions in any Government Ministry.

The Attorney-General may, upon request, appear and advise on any legal matter in any committee of Parliament. In the exercise of the powers and performance of functions of the Office, the Attorney-General in Kenya should not be under the direction or control of any person or authority.

Summary of the Mandate of the Attorney-General

In summary, the mandate of the State Law Office and the Department of Justice is to promote the rule of law and public participation; support the government’s investment in socio-economic development; promote transparency, accountability, ethics and integrity; spearhead policy, legal and institutional reforms; promote economic governance and empowerment; promote, fulfil and protect human rights; undertake administrative management; capacity building; and enhance access to justice.