Why RUTO firing AG MUTURI is wrong and unconstitutional - Lawyer KIBE MUNGAI

Friday, July 12, 2024 - City lawyer, Kibe Mungai, has reacted to the firing of Attorney General Justin Muturi, who was dismissed by President William Ruto on Thursday alongside all cabinet secretaries.

Speaking on Friday, Mungai said it was wrong for President William Ruto to fire AG Muturi, as the country, currently in a constitutional crisis, will be without a legal advisor.

“Though he has State counsel, they are supposed to assist the AG. 

"They are not Attorney General and the Solicitor General is basically a Principal Secretary. 

"The AG is a constitutional officeholder under Article 156. 

"That office cannot be vacant, particularly during a time of a serious constitutional crisis,” Mungai said.

He added that as long as the government is there and operating, it must continuously base its arguments on the legal advice of the AG.

“The President has created this vacuum and indicated that he will form a broad-based government. It means he might engage leaders from the Opposition. 

"The question that would then arise is on whose advice will the decisions be based on,” he further explained.

He added that whereas the President has powers to remove an AG, it would not be advisable to do it in the middle of a crisis.

“Decisions with a lot of legal and constitutional implications are made during a crisis,” he stated.

In response to youth-led anti-government protests, Ruto fired all Cabinet Secretaries, including AG Muturi, on Thursday.

Only Prime Cabinet Secretary Musalia Mudavadi, who also is the Foreign and Diaspora Affairs Cabinet Secretary was spared.

The Kenyan DAILY POST