A petition has been filed at the Milimani Law Courts challenging the removal of Justin Muturi from the office of the Attorney General.
Nakuru-based Dr Benjamin Gikenyi says the office of the Attorney General is an independent office and the holder cannot be removed without following the constitutional process.
He has cited section 12 of the Attorney General's Act which elaborates the grounds on which one may be removed from office.
The said section explains that the President may remove the AG or the Solicitor General from the office where there is gross misconduct, physical or mental incapacity to perform the functions of that office, incompetence, bankruptcy and serious violation of the constitution.
"The government does not have the constitutional authority to single-handedly dismiss AG unless as provided by the law and thus dismissal of AG does not have the same procedure as cabinet secretary," he said.
The President through a press release dated July 11 removed Muturi from office.
Gikenyi and six other human rights defenders want the court to suspend that decision and at the same time determine whether the President can remove the AG from office.
He also wants the court to determine whether the President can legally remove from office the AG without showing the presence of any of the grounds listed under section 12 of the Office of the Attorney Generals Act.
Justice Lawrence Mugambi directed the application be served on the respondents (AG and Public Service Commission) within 14 days.
Responses are to be filed within the same days. Further directions will be issued on September 30.
