Lawyer Danstan Omari has said that according to the constitution there is no office for the first daughter.
Speaking on Wednesday to K24 TV, the lawyer said that Charlene Ruto is excited by identifying she is the daughter of the President.
"Nowhere in the statute or in any constitutional provision does such an office exists. We take it that she was excited by identifying that she is the daughter of the president," he said.
He said that the constitution only provides for and protects the office of the First Lady.
Omari added that the claim by Charlene about the office of the First Daughter was a social media talk that is not supported by law.
"If there is a need to create that position then the Public Service Commission shall advertise for that position and she will apply like Chief Administrative Officers have applied for the positions and then she will be recruited," she said.
However, Omari said that Charlene can take any title despite it not being in the constitution because it is a title for self-actualisation.
"Kenyans should not take offence about a young girl who is feeling good so long as audit queries don’t arise one day," he said.
Earlier, Charlene defended herself following criticism over her remarks about the Office of the First Daughter.
She claimed that the office she holds, the Office of the First Daughter, is a private entity.
Charlene said her office was also not being run using the taxpayers' money.
"The Office of the First Daughter is a private entity. It is neither a constitutional office nor is it being funded by Kenyan taxpayers. The office runs to purely facilitate the activities of and any programmes by Ms Charlene Ruto," the statement reads.
She said the office has been engaging different stakeholders as part of its objectives—pushing for youth-based agendas and climate change advocacy.
"The Office of the First Daughter has at all times acted in good faith to ensure that the Kenyan youth has a voice and gets access to opportunities for sustainable livelihoods."