To qualify for appointment as a county attorney or county solicitor general, one will now need a decade of experience as an advocate of the High Court. A new bill aims to tighten the qualifications for these offices, which are responsible for advising county governments on legal matters.
The Office of the County Attorney (Amendment) Bill, 2024, has been introduced in the Senate for its first reading, sponsored by Bungoma Senator David Wafula. The proposed legislation also stipulates that the term of the county attorney will align with that of the governor.
“The principal object of this bill is to amend the Office of the County Attorney Act, Cap. 265E, to enhance the qualification for appointment of the County Attorney and the County Solicitor,” the bill states. It continues, “… and further to provide for the tenure of office of the County Attorney.”
The bill amends sections 5(2) and 17(2) of the Office of the County Attorney Act, which outlines the qualifications for appointment as county attorney and solicitor general.
“The Office of the County Attorney Act, herein referred to as the ‘Principal Act’ is amended in section 5(2) by deleting the word ‘five’ appearing immediately after the words ‘Kenya of at least’ and substituting therefore the word ‘10’,” the bill specifies. Under current law, five years of experience as an advocate of the High Court is required for these positions.
“A person qualifies for appointment as county attorney if such a person— is an advocate of the High Court of Kenya of at least five years standing,” states the parent Act.
Additionally, the bill proposes increasing the county attorney’s term from the current six years to the length of the governor’s term, who is the appointing authority. “The principal Act is amended in section 6(1) by deleting the words ‘a term of six years’ appearing immediately after the words ‘hold office for’ and substituting therefore the words ‘for the term of the governor,’” it states.
The county attorney serves as the principal legal adviser to the county government. “It is imperative to have more experience that relates to the responsibilities bestowed on that office,” Wafula noted in the bill.
The county attorney, under the direction of the county government, represents the county executive in court or any other legal proceedings in which the county executive is involved, excluding criminal cases. Furthermore, the county attorney provides legal advice to various departments within the county executive on legislative and other legal issues. The office also engages in negotiating, drafting, vetting, and interpreting documents and agreements on behalf of the county executive and its agencies.
