Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2024

LAWS OF KENYA
OFFICE OF THE ATTORNEY-GENERAL ACT
CAP. 6A
- Published in Kenya Gazette Vol. CXV—No. 3 on 11 January 2013
- Assented to on 31 December 2012
- Commenced on 4 January 2013
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Office of the Attorney-General Act.2. Interpretation
In this Act, unless the context otherwise requires—"Advisory Board" means the Advisory Board established under section 20A(1);"Attorney-General" means the Attorney-General appointed under Article 156 of the Constitution;"College of Arms" means the College of Arms established by section 3 of the College of Arms Act (Cap. 98);"Council of Legal Education" means the Council of Legal Education established by section 4 of the Legal Education Act (Cap. 16B);"Deputy Solicitor-General" means a Deputy Solicitor-General appointed under section 13;"Disciplinary Tribunal" means the Disciplinary Tribunal established under section 57 of the Advocates Act (Cap. 16);"Office" means the Office of the Attorney-General;"public seal" means the seal referred to in Article 9 of the Constitution;"Solicitor-General" means the Solicitor-General appointed under section 9;"State Counsel" means a person appointed as such under section 21 and includes the Solicitor-General and Deputy Solicitor-General; and"subordinate officer" means a State Counsel or any other member of staff employed under this Act and discharging his or her duties in the Office.[Act No. 3 of 2024, Sch.]3. Application
This Act shall apply to the Attorney-General, the Solicitor-General and subordinate officers who perform or discharge legal functions and such other duties as may be assigned to them in the Office of the Attorney-General.Part II – ADMINISTRATION
4. Administration of the Office
5. Functions of the Attorney-General
6. Powers of the Attorney-General
7. Audience by Attorney-General in matters of public interest, etc.
8. Protection from personal liability
9. The Solicitor-General
10. Private practice prohibited
The Attorney-General, the Solicitor-General and State Counsel shall not engage in any other gainful employment.11. Resignation
The Attorney-General or the Solicitor-General may resign from office in writing, addressed to the President.12. Removal from office
13. Deputy Solicitors-General
The Attorney-General may, in consultation with, the Advisory Board, appoint such Deputy Solicitors-General as the Attorney-General may consider necessary for the proper and efficient discharge of the functions of the Office.[Act No. 3 of 2024, Sch.]14. Delegation by Attorney-General
15. Legal officers in Government Ministries, departments
Part III – PERFORMANCE OF FUNCTIONS OF THE ATTORNEY-GENERAL
16. Reserve of matters to the Attorney-General
No State Counsel shall render advice in any of the following matters without the written approval of the Attorney-General—17. Engagement of consultant
18. Power to issue directives and practice notes
19. Reference of matter for opinion of the Attorney-General
All Government Ministries, Departments and State Corporations shall seek the opinion of the Attorney-General on any matter raising substantial legal or constitutional issues.20. Ministries to notify the Attorney-General
All Government Ministries and Departments shall notify the Attorney-General of all material litigation within three days upon the filing of any pleadings.Part IIIA – ADVISORY BOARD OF THE OFFICE OF THE ATTORNEY-GENERAL
20A. Advisory Board
20B. Functions of the Advisory Board
The Advisory Board shall advise the Attorney-General on —20C. Remuneration of the Advisory Board
The members of the Advisory Board shall be paid such allowances as the Attorney-General shall approve upon the advice of the Salaries and Remuneration Commission.[Act No. 3 of 2024, Sch.]20D. Meetings and quorum
Part IV – APPOINTMENT AND TERMS AND CONDITIONS OF SERVICE
21. State Counsel
22. Terms and conditions of service
The State Counsel appointed under this Act shall serve on such terms as the Attorney-General may, on the advice of the Salaries and Remuneration Commission and Advisory Board, determine.[Act No. 3 of 2024, Sch.]23. Secondment
24. Code of conduct
25. Other staff
Part V – MISCELLANEOUS PROVISIONS
26. Prohibition of unauthorized disclosure of information
27. Depository of laws and agreements
The Office shall be the depository of all laws and local and international documents, agreements and treaties signed for or on behalf of the Government.28. The public seal
The Attorney-General shall have custody of the public seal of the Republic of Kenya.28A. Seal of the Office
29. Accessibility
The Attorney-General is entitled to have access to persons, relevant records, documents and property pertaining to a civil or criminal case, in the performance of the duties of the Attorney-General.30. Facilities
The Government shall provide adequate facilities for the efficient functioning of the Office.31. Annual report
32. Regulations
The Attorney-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed or carrying out or giving effect to this Act.33. Savings
A person who immediately before the coming into force of this Act was the Solicitor- General, a Deputy Solicitor-General, a State Counsel or a member of staff of the Office shall continue to be a Solicitor-General, a Deputy Solicitor-General, a State Counsel or a member of staff of the Office as if that person has been appointed under this Act.33A. Further saving
Any State Counsel, officer or member of staff employed and deployed by the Public Service Commission and serving in the Office immediately before the commencement of this section shall—History of this document
26 April 2024 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
11 January 2013
04 January 2013
Commenced
31 December 2012
Assented to
Cited documents 4
Act 4
1. | Advocates Act | 1714 citations |
2. | Government Proceedings Act | 833 citations |
3. | Legal Education Act | 195 citations |
4. | College of Arms Act | 5 citations |
Documents citing this one 31
Judgment 18
Gazette 10
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Bench Bulletin 1
1. | Bench Bulletin - Issue 21 |