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Office of the Attorney-General Act

6. Powers of the Attorney-General

Edition: 2024-04-26 · In force

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6. Powers of the Attorney-General

(1)The Attorney-General shall, by virtue of his office, be the titular head of the bar and shall take precedence in court in all matters whenever he appears in accordance with the Advocates Act (Cap. 16).
(2)The Attorney-General shall, in discharging his functions under Article 156 of the Constitution have power to—
(a)with leave of the court or tribunal, appear at any stage of proceedings, appeal, execution or any incidental proceedings before any court or tribunal;
(b)require any officer in the public service to furnish any information in relation to any matter which is the subject of legal inquiry;
(c)summon any officer in the public service to explain any matter which is the subject of litigation by or against the Government; and
(d)issue directions to any officer performing legal services functions in any Government Ministry.
(3)The Attorney-General shall—
(a)establish such directorates, divisions, sections or units in the Office as may be necessary;
(b)establish such county or regional offices as may be necessary;
(c)supervise the formulation of policies and plans of the Office; and
(d)perform any other action necessary in the administrative interests of the Office.
(4)The Attorney-General may, upon request, appear and advise on any legal matter in any committee of Parliament.
(5)In the exercise of the powers and performance of functions of the Office, the Attorney-General shall not be under the direction or control of any person or authority.

Case law referring to this provision

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Source: Kenya Law