BY SAM ALFAN.
Former Attorney General Justin Maturi resigned from his position, a judge has been told.
Muturi, who has been proposed to be the cabinet secretary for Public Service told Justice Byram Ongaya that he resigned as Attorney General.
State Counsel Oscar Eredi submitted to the court a letter of resignation.
With the revelation, the case which had been filed at the Employment and Labour Relations court, challenging Muturi’s removal as the Attorney General, was withdrawn.
The letter filed in court showed that Muturi tendered his resignation on July 11, pursuant to section 11 of Attorney General Act.
“Justin Biden Njoka Muturi, pursuant to section 11 of Attorney General Act(Cap 6a), I hereby tender my resignation as the Attorney General of Republic of Kenya,” state the resignation letter by Muturi to the president.
In the letter, he thanked president William Ruto for the opportunity to serve the people and republic of Kenya as the AG.
“I confirm my availability to support the transition that has been occasioned by this resignation and to serve people and the Republic of Kenya in any other capacity,” Muturi said in the letter.
Kipngetich Eman had moved to court seeking to block President William Ruto from appointing any other person to the position of the Attorney General.
He added that there is a clear intention by Parliament expressed under Section 12 (1) of the Office of the Attorney General Act that once the Attorney General has been appointed, he cannot be removed from office unless the grounds enumerated in the Act are proved or upon the president coming into office after a General election.
“None of the above statutory grounds for dismissal of the Attorney General were cited nor has the Attorney General been found guilty to warrant his removal. The President is not above the law. The constitution is supreme and the President’s acts should be scrutinized by the court,” he said through his lawyer Paul Muite.
President Ruto had initially appointed Rebecca Miano for the post of Attorney General before he reappointed her Cabinet Secretary for Tourism and wildlife.
Mururi was nominated as the minister in charge of Public service.
“These developments do not change the tenor and purport of the petition.The Attorney General is the chief legal adviser to the governorment on among other things, constitutional matter and human rights. The Attorney General is the defender of public interest, a duty not vested in any other constitutional office,” veteran lawyer Paul Muite told the judge.
He submitted that it is noteworthy that most of the cases of human violations are perpetrated by government institution and public servants.
“It is imperative to accord and to respect he institutional independence that is accorded to the office of the Attorney General under the Law. The Attorney General should feel able to advise government on constitutional matters and to defend public interest without fear of the reappraisal or other dire repercussions of,” Muite told the court.
He further told the court President Ruto purported to “rescind” the Appointment of Muturi as the Attorney General. No reasons for dismissing the Attorney General were assigned.
“This means that the decision was made in a capricious and whimsical manner in contravention of the Constitution and the Office of the Attorney General Act, 2012.
“It is apparent that the action of the President to “rescind” the appointment of the Attorney general is invalid, null and void because the President does not have power to rescind the Appointment of the Attorney General,” veteran lawyer submitted.
The court heard that as it stands, the Office of the AG was not vacant because the decision to remove him from office is unlawful and unconstitutional.
