Muturi resigned as AG and wasn't sacked, Govt official tells court
The revelation was made during a hearing of a petition filed by seven citizens led by Nakuru-based physician Dr. Magare Gikenyi, who are challenging the legality of Muturi's removal from office.
A government official has told the High Court that former Attorney General Justin Muturi resigned from office voluntarily and was not sacked.
In submissions made before Justice Lawrence Mugambi on Tuesday, the government presented a resignation letter dated July 11, 2024, signed by Muturi and addressed to the President.
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The letter was part of an affidavit by Arthur Osiya, Principal Administrative Secretary in the Executive Office of the President.
The revelation was made during a hearing of a petition filed by seven citizens led by Nakuru-based physician Dr. Magare Gikenyi, who are challenging the legality of Muturi's removal from office.
"The letter is signed by the Honourable Justin Muturi, dated July 11, 2024, addressed to His Excellency the President, and was received on the same day," the court was told.
The petitioners argue that the President acted outside the law in declaring that he had "fired" the Attorney General without due process.
According to the Constitution, the Attorney General is an independent office holder whose removal must follow clear legal grounds, including gross misconduct, incompetence, or violation of the Constitution.
The petitioners cite Articles 47, 236, 248, and 249 in support of their case.
Following Muturi's departure, President Ruto nominated Dorcas Oduor as the new Attorney General in a letter dated July 30, 2024.
The position was declared vacant via a gazette notice.
The petitioners argue that the contradictory narratives from the President and the Executive Office have created legal uncertainty.
They warn that the absence of a clear, constitutional process in handling the office of the Attorney General could expose the government to institutional and legal vulnerabilities.
The petitioners insist that President Ruto must follow the constitutional provisions for the removal of the holder of the office of the Attorney General.
The cited article states that the office holder can be removed for gross violation of the constitution, gross misconduct, physical or mental incapacity, incompetence, or bankruptcy.
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