Muigai sworn in as new Attorney General

By Jevans Nyabiage

Githu Muigai on Monday officially took over as Kenya’s sixth Attorney General replacing long- serving Amos Wako.

Muigai was sworn in some minutes after 11am in the presence of President Kibaki at State House, Nairobi. Other new public office bearers were sworn in at the same ceremony including newly appointed Cabinet Ministers Prof Margaret Kamar (Higher Education, Science and Technology) and Musa Sirma (East African Community).

Kenya's first Controller of Budget, Mrs Agnes Odhiambo and Assistant Ministers Manson Oyongo Nyamweya (Trade), Mohammed Hussein Gabbow (Special Programmes) and the Rev Julius Recha Murgor (Environment and Natural Resources), were also sworn into their new offices.

Prof Muigai then left for the State Law Office where his predecessor Amos Wako, who served for 20 years, handed over office at a televised ceremony.

Addressing the media, Muigai said his first priority would be to fight corruption, including enlisting international bodies to recover assets irregularly acquired.

“From where I sit corruption is a major issue,” Muigai said, “This is a fight that will involve many agencies to be won.”

He promised to turn the State Law Office into a professionally and efficiently run body that can attract the best talent.

 “My desire is that by the end of my turn, young lawyers will be wanting to work here,” he said, adding he would work with an “open door policy.”

Incoming Attorney General, Professor Githu Muigai (left) with his predecessor Amos Wako. PHOTO:FILE/STANDARD

Wako, responding to press queries on the performance of the AG’s office under his regime, said he had spearheaded a number of successful reforms including the New Constitution.

Wako cited sabotage from the Kanu regime and political interference that scuttled the amendment the Constitution as well as the 2007 post-election violence as some of his lowest moments.

"At around 11:13hrs I ceased to be AG of the Republic of Kenya...the title has since been passed to Prof Githu Muigai," Wako said.

Other previous AGs are Charles Njonjo (1963-1980), James Karugu (1980-1981), Joseph Kamere (1981-1983), and Mathew Guy Muli (1983-1991). Wako  (1991-2011) is the longest serving Attorney General.

Wako is a constitutional lawyer and has been teaching law at the University of Nairobi.

Apart from serving as a commissioner on the now defunct Constitution of Kenya Review Commission under Yash Pal Ghai, Muigai also played a major role in arguing the case filed by former Mau Mau freedom fighters against the British Government.

In the implementation of the new Constitution, the Attorney General handles the Bills before they go to Parliament. The AG also directs the publication of the Bills by the Government Printer.

The new Attorney General, unlike in the past, does not have prosecutorial powers, which have been given to the Director of Public Prosecutions.

The Constitution makes the AG a nominee of the President, but Parliament must approve the appointment.

The AG, who also has no security of tenure, remains the chief legal advisor to the Government. His work entails representing the Government in court, or in any other legal proceedings to which the Government is a party, other than criminal proceedings.

The AG, according to the new Constitution, also 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.

The AG is also mandated to promote, protect, and uphold the rule of law, and defend the public interest.

President Kibaki congratulated the new appointees, and urged them to serve Kenyans truthfully and in accordance to the stipulated laws.

The President said: “You have taken this oath before God. Be honest and remain faithful to the oath you have taken because other people are just witnesses.”

He told them to execute their duties without fear.

Present at the ceremony were; the Prime Minister Raila Odinga, Head of Public Service and Secretary to the Cabinet Francis Muthaura, Justice Minister Mutula Kilonzo, Internal Security Minister George Saitoti, senior government officials and family members of the new appointees.