Seven people have moved to the High Court over the sacking of Attorney General Justin Muturi arguing that President William Ruto acted beyond his powers when he fired the AG alongside other cabinet secretaries last week.....CLICK HERE TO READ THE FULL ARTICLE>>>
The petitioners’ stated that the office of the Attorney General is and independent office protected under article 248 and 249 of the constitution, hence the holder of that office cannot be removed whimsically without following statutory and constitutional process.
The seven said the pleasure doctrine ceased operation with advent of new constitution. End of the road for one of the wealthiest group of ministers.
It is the argument of the petitioners that the radical, irrational and the illegal decision made by President Ruto to the defenseless office of the Attorney General ought to be declared illegal null and void.
“The President of the Republic of Kenya (hereby represented by the Attorney General- 1st respondents) herein purportedly and in illegal, irregular and unconstitutional manner removed from office of Attorney General, Justin Bedan Njoka Muturi, through presidential press release dated July 11th 2024 by pleasure doctrine,” the petition stated.
Dr Magare Gikenyi, Linah Nyabate, Philemon Abuga, Pauline Nduta, Shallum Kaka, Jamlick Otondi and Agnes Wambua argue that with the enactment of Section 12 of Office of the Attorney-General Act, extinguished operation of pleasure doctrine in removal of the holder of that office. Kenyans to cough up Sh77.1m golden parachute for sacked CSs.
They further argue that the President has no powers to dismiss the Attorney General without adhering to the statutory conditions within the principle of fair hearing as established in article 47 and Article 236 of the constitution or upon election of new government.
They further argued that the absence of substantive holder of the office exposes government to inadequate defence of numerous cases filed against the government since the said office holder is important in giving direction to the office.
“That if this honourable court does not stop the illegal actions and or omissions done by the president or the respondents then constitutional violations will continue against principals of good governance,” Dr Gikenyi said.
Justice Lawrence Mugambi certified the case as urgent and directed the petitioners to serve the Attorney General’s office and Public Service Commission (PSC) within 14 days.
‘Let’s give Ruto his skunk’ – How Mbadi predicted cabinet’s downfall before it took office. The judge directed the case to be mentioned on September 30 for further directions.
Dr Gikenyi said in their interpretation and appreciation of the Constitution and the law, they believe that President Ruto acted without any constitutional authority when he issued the press release, firing Mr Muturi.
This is because the office holder is constitutionally charged with the duty to protect, promote and uphold the rule of law and defend the public interest…CONTINUE READING>>
