AG can hire law firms to defend State agencies, court rules

Attorney-General Kariuki Kihara during a past event. 

Photo credit: File | Nation Media Group

What you need to know:

  • Katiba Institute and Africa Centre for Open Governance (Africog) wanted the court to declare it illegal and unconstitutional for the AG to engage the services of external lawyers instead of delegating the duty to State Counsels.

A three-judge bench of the High Court has dismissed a petition to stop Attorney General Kihara Kariuki from hiring external lawyers to represent the government in court during civil proceedings. 

Justices Jessie Lesiit, Enock Mwita and Lucy Njuguna Tuesday found that the AG is allowed by law to procure the services of a private firm to act on behalf of the government. They, however, said the AG should be guided by the provisions of the Public Procurement and Asset Disposal (PPAD) Act.

Katiba Institute and Africa Centre for Open Governance (Africog) wanted the court to declare it illegal and unconstitutional for the AG to engage the services of external lawyers instead of delegating the duty to State Counsels. The groups had filed an objection to the appointment of Iseme, Kamau and Maema Advocates to represent the Attorney-General in a petition filed against the Public Service Commission (PSC) three years ago.