Court Affirms Legality of Leadership Change at State Law Office

NAIROBI, KENYA – The High Court on Tuesday, November 4, 2025, delivered a decisive judgment that solidifies Dorcas Oduor's position as Kenya's Attorney General, dismissing a petition that sought to nullify her appointment and reinstate her predecessor, Justin Muturi. The court found that Mr. Muturi voluntarily resigned from his post, paving the way for a legitimate transition at the country's principal legal office.

The ruling brings to a close a legal challenge initiated by a group of seven petitioners, led by Dr. Magare Gikenyi. The petitioners had contended that Mr. Muturi was unconstitutionally dismissed by President William Ruto following the nationwide anti-Finance Bill protests in July 2024. Their case largely hinged on a televised presidential address announcing a cabinet reshuffle and a subsequent Gazette Notice, which they argued violated constitutional safeguards protecting the Attorney General from arbitrary removal.

Allegations of Forgery and Unconstitutionality Dismissed

The core of the petitioners' argument was that Mr. Muturi's removal was an illegal act disguised as a resignation. They alleged that his resignation letter and an amended gazette notice were forgeries intended to legitimize an unconstitutional dismissal. They accused the executive of reviving the “colonial-era pleasure doctrine,” which allows for arbitrary dismissals, a practice they argued is obsolete under Kenya's 2010 Constitution. The legal challenge sought judicial review orders to quash the presidential press release and the gazette notice that formalized the leadership change.

However, in a detailed judgment, the High Court found these claims to be unsubstantiated. Justice Lawrence Mugambi, delivering the ruling, stated that the petitioners failed to meet the necessary evidentiary threshold to prove their allegations of a forced exit or forgery. The court noted that the respondents, which included State House, the Public Service Commission (PSC), and Parliament, provided sworn affidavits and credible evidence confirming that Mr. Muturi had indeed resigned willingly on July 11, 2024. “The court is persuaded that the evidence adduced by the respondents, including the resignation letter and the Gazette notice, stands as sufficient proof that the former Attorney General vacated office through resignation and not removal,” Justice Mugambi stated.

The court emphasized the legal principle that “he who alleges must prove,” ruling that the petitioners' case was built on “conjecture and speculation” rather than concrete evidence. It cited Section 85 of the Evidence Act, which establishes a gazette notice as prima facie evidence of its contents unless proven otherwise, a burden the petitioners failed to discharge.

Separation of Powers and Due Process

The judgment also underscored the constitutional doctrine of the separation of powers. The court declined to interfere with the parliamentary vetting and approval process that confirmed Ms. Oduor's appointment, stating that it could not usurp the Legislature's role without proof of illegality or unconstitutionality. Records confirmed that the National Assembly had cleared Ms. Oduor following background checks by the EACC, KRA, and DCI, culminating in a unanimous approval vote on August 13, 2024.

The ruling clarifies the distinction between resignation and removal under the law. It reaffirmed the President's authority under Section 11 of the Attorney-General Act to accept a resignation, while noting that a dismissal must adhere to the strict criteria outlined in Section 12, such as misconduct, incapacity, or incompetence. Following his exit as Attorney General, Mr. Muturi was appointed Cabinet Secretary for Public Service, a position he held until March 2025.

Implications for Kenya's Legal Landscape

This High Court decision provides crucial legal and political certainty, cementing the leadership of Dorcas Oduor at the State Law Office. Appointed in August 2024, Ms. Oduor made history as Kenya's first female Attorney General. A veteran prosecutor with over 30 years of experience, she previously served as the Secretary for Public Prosecutions at the Office of the Director of Public Prosecutions (ODPP). Her career includes involvement in several high-profile commissions, including the Bosire Commission on the Goldenberg Affair.

With this legal challenge now behind her, Attorney General Oduor can fully focus on her mandate as the government's principal legal advisor. Her office is tasked with drafting legislation, representing the national government in legal proceedings, and defending the public interest. The ruling reinforces the procedural integrity of appointments to high office and clarifies the constitutional boundaries between executive authority and the security of tenure for key state officers, a significant determination for governance and the rule of law in Kenya.