A group of activists has moved to court to challenge the move to remove Attorney General Justine Muturi from office.
It comes days after President William Ruto dismissed all cabinet secretaries and attorney general following a month long peaceful protest.
The seven petitioners in their court documents filed at Milimani high court under certificate of urgency, want the court to suspend president Ruto’s decision that dismissed AG Muturi from office
“Pending the hearing and determination of this Application and Petition, the Honourable Court be pleased to issue a conservatory order suspending Presidential PRESS RELEASE Statement or/and gazette Notice dated 11th July 2024 or/and any other date any document of any other dates which has an effect of removing from office Hon.Attorney General, Justin Bedan Njoka Muturi, ” read court documents
The petitioners who include Dr Magare Gikenyi, Lina Nyabate, Philomena Abuga Nyakundi, Pauline Nduta Kinyanjui, Shallum Kaka Nyakundi, Jamlick Otondi Orina and Agnes Wanzuu Wambua say the president through Attorney General removed Justin Muturi from the office of AG in an illegal, irregular and unconstitutional manner.
They argue that the alleged removal of Muturi from office through the pleasure doctrine, violates Section 12 of the Attorney General’s Office Act No. 49 of 2012, which requires fair hearing and protection of public servants under Articles 47 and 236 of the Constitution.
According to them, the enactment of section 12 of the Attorney General’s office Act no 49 of 2012 extinguished operation of pleasure doctrine in removal of the holder of that office.
They argue that the office of the AG is an independent office protected under Article 248 and 249 of the Constitution therefore the holder of the office cannot be removed whimsically without following statutory and constitutional process.
“The president has no powers to dismiss the honourable attorney general without adhering to the said statutory conditions within the principle of fair hearing as established in article 47 as read with article 236 of the constitution and/or upon election of new government. Article 236 of CoK states,” read court documents.
Justice Lawrence Mugambi was told that, the government risks exposure owing to the inadequate defence to the numerous cases filed against them.
This action, they say, will lead to loss of public confidence, wastage of public resources and outright abuse of the political power to the detriment of rule of law and constitutionalism
They allege the matters are of extreme public interest as they clearly contravene the Constitution and the law, opposing public policy and the national values and principles of governance outlined in Article 10 of the Constitution.
These include the rule of law, democracy, public participation, good governance, integrity, transparency, and accountability.
They say it also violate the cardinal principles set out in Article 259(1) of the Constitution.
” In the circumstances, this radical, irrational, illegal decision which has been made by the president/respondents to defenseless office of the attorney General ought to be temporarily suspended and then declared illegal null and void/quashed,” they say.
Justice Lawrence Mugambi ordered the application to be served in 14 days with responses being filed and served within 14 days of receiving the applications.
The applicant has also been ordered to file rejoinder within 14 days after of receiving the responses.
The matter will be mentioned on September 30, for further directions.
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