President Ruto nominates Dorcas Oduor for Attorney General position

President William Ruto on Tuesday nominated Dorcas Odour for the position of Attorney General.

The nomination comes a few days after he left the position vacant when he reassigned Rebecca Miano to the Tourism Ministry who had initially been nominated to the docket.

The nomination was communicated by the Head of Public Service and Chief of Staff, Felix Koskei.

Oduor’s name has been forwarded to the National Assembly for vetting.

“The President has transmitted the nominations for appointment to Cabinet to the National Assembly for consideration and approval in fulfilment of the legal requirements set out under our nation's supreme law,” reads the statement.

Oduor is currently the Deputy Director of Public Prosecutions.

She is an advocate of the High Court of Kenya and holds a Master of Arts in International Conflict Management (UoN), a Bachelor of Laws (LL.B) degree (UoN), and a Diploma in Law from Kenya School of Law.

Oduor is also serving as Secretary of Public Prosecutions at the office of the Director of Public Prosecutions. She has previously served in various capacities as Head of Economic, International, and Emerging Crimes Departments) (ODPP), Deputy Chief State Counsel and as a State Counsel at the ODPP as a State Counsel (Department of Public Prosecution) at the (previous) Office of the Attorney General.

She has been a member of various agencies/commissions including as Chairperson, Board of Review on Mentally Insane ( Criminal Psychiatric), Assisting Counsel Akiwumi Commission on Land Clashes, Assisting Counsel, Bosire Commission on the Goldenberg Affair, Assisting Counsel, Kiruki Commission on Artur Brothers, Joint Secretary, Police Reform Commission, (Ransley Commission), Chair, Board on Criminal Psychiatrists (on behalf of the Attorney General), member of the National Task Force on Money Laundering and Terrorist Financing among others.

If vetted and approved, Oduor will take over from Justin Muturi who has been nominated to serve as Public Service Cabinet Secretary nominee.

The Attorney General (AG) in Kenya plays a crucial role in the government.  According to Article 156 of the Constitution, the AG is the principal legal adviser to the government.

This means they give legal advice on matters affecting the country.

To become the Attorney General, a person must have the same qualifications required to be appointed as the Chief Justice. This assures that the AG is highly qualified and capable of handling legal matters at the highest level.

Requirements for the position include a law degree from a recognised University, 15 years experience as a superior court judge, high moral character, integrity, and impartiality.

One holds the office for a maximum of 10 years or on attaining the age of 70 years with the option for early retirement upon attaining the age of 65 years under the law.

The AG has several important duties. One key role is representing the national government in court or in any other legal proceedings where the government is a party.

However, the AG does not handle criminal cases.  This responsibility is vital because it ensures that the government has a strong legal presence in important cases.

Another important function of the AG is to "promote, protect, and uphold the rule of law and defend the public interest as highlighted in Article 156(6).

This means the AG must always act in the best interest of the public and ensure that laws are followed fairly and justly.

In some cases, the AG can appear as a "friend of the court" in civil proceedings where the government is not a party. This means the AG can provide legal opinions or advice to the court to help in making a fair decision. The AG's powers can also be exercised by other officers under their general or special instructions.

This allows the AG to delegate tasks to ensure that the office's functions are carried out effectively.