Bill seeks to raise the bar for qualifications of county legal advisors

A new legislative proposal seeks to raise the qualifications necessary for individuals appointed as county attorneys and county solicitors, crucial positions responsible for providing legal guidance to county governments.

The Office of the County Attorney (Amendment) Bill, 2024, aims to amend the existing criteria governing these appointments.

The Bill sponsored by Bungoma Senator David Wafula has been introduced at the Senate for the first time.

Currently, the law stipulates that candidates must have at least five years of experience as advocates of the High Court to be eligible for appointment as county attorneys or solicitor generals.

However, the proposed amendment intends to increase this requirement to 10 years of legal practice in the High Court of Kenya.

"The principal objective of this Bill is to amend the Office of the County Attorney Act, Cap. 265E, to enhance the qualifications for the appointment of the County Attorney and the County Solicitor," the Bill states.

It further details modifications to Sections 5(2) and 17(2) of the Office of the County Attorney Act, specifying the revised qualifications for these roles.

In addition to raising the experience threshold, the Bill proposes aligning the term of the county attorney with that of the governor, who appoints them.

This change would replace the current fixed six-year term with a term that mirrors the governor's tenure.

"The county attorney serves as the principal legal advisor to the county government, necessitating substantial expertise aligned with the responsibilities of the office," Senator Wafula says in support of the Bill.

Apart from advisory duties, the county attorney represents the county executive in legal proceedings and provides legal counsel on legislative and administrative matters.

The office is also responsible for drafting, vetting, and interpreting documents and agreements on behalf of the county executive and its agencies, as well as revising county laws.

"The proposed amendments are crucial in ensuring that county legal advisors are well-equipped to handle the complexities of governance and legal challenges faced by county governments," Wafula added.

If enacted, it would significantly alter the landscape for county legal advisors, aiming to ensure that those appointed possess robust legal experience and expertise relevant to the intricacies of county governance.