By Julius Otieno
You will require a 10-year experience as an advocate of the High Court to qualify for appointment as a county attorney or county solicitor general.
A new bill seeks to tighten the qualifications for one to hold the offices charged with advising the county government on legal matters.
The Office of the County Attorney (Amendment) Bill, 2024 has been introduced in the Senate for first reading. The bill is sponsored by Bungoma Senator David Wafula.
The proposed law also sets the term of the county attorney as 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 adds, “……. 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 that provides the qualification for one to be appointed as county attorney and solicitor general respectively.
“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 states.
The current law provides that one needs five years’ experience as an advocate of the High Court to qualify for appointment as a county attorney and solicitor general.
“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,” the parent Act states.
Further, the bill amends the principal act to increase the term of the county attorney from the current six to the term of the governor – 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 is 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 said in the bill.
The county attorney, on the instructions of the county government, represents the county executive in court or in any other legal proceedings to which the county executive is a party, other than criminal proceedings.
Further, the county attorney advises departments in the county executive on legislative and other legal matters.
The officer negotiates, drafts, vets and interprets documents and agreements for and on behalf of the county executive and its agencies.
The office is also responsible for the revision of county laws.