Office of the Attorney-General Act

LAWS OF KENYA
THE OFFICE OF THE ATTORNEY-GENERAL ACT
CAP. 6A
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Office of the Attorney-General Act
Cap. 6A
Legislation as at 26 April 2024
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Share widely and freely.

Office of the Attorney-General Act (Cap. 6A)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Application .................................................................................................................................................................................................. 1
Part II – ADMINISTRATION .............................................................................................................................................................................. 2
4.

................................................................................................................................................. 2
4.

Administration of the Office ................................................................................................................................................................ 2
5. Functions of the Attorney-General .................................................................................................................................................... 2
6. Powers of the Attorney-General ......................................................................................................................................................... 2
7. Audience by Attorney-General in matters of public interest, etc. .......................................................................................... 3
8. Protection from personal liability ...................................................................................................................................................... 4
9. The Solicitor-General .............................................................................................................................................................................. 4
10.

................................................................................................................................................ 4
10.

Private practice prohibited ................................................................................................................................................................. 5
11. Resignation ............................................................................................................................................................................................... 5
12. Removal from office ............................................................................................................................................................................. 5
13. Deputy Solicitors-General ................................................................................................................................................................... 5
14. Delegation by Attorney-General ....................................................................................................................................................... 5
15. Legal officers in Government Ministries, departments ............................................................................................................

ers in Government Ministries, departments ............................................................................................................

5
Part III – PERFORMANCE OF FUNCTIONS OF THE ATTORNEY-GENERAL ...................................................................................... 6
16. Reserve of matters to the Attorney-General ............................................................................................................................... 6
17. Engagement of consultant ................................................................................................................................................................. 6
18. Power to issue directives and practice notes ............................................................................................................................. 6
19. Reference of matter for opinion of the Attorney-General ...................................................................................................... 6
20. Ministries to notify the Attorney-General .................................................................................................................................... 6
Part IIIA – ADVISORY BOARD OF THE OFFICE OF THE ATTORNEY-GENERAL .............................................................................. 6
20A.

Part IIIA – ADVISORY BOARD OF THE OFFICE OF THE ATTORNEY-GENERAL .............................................................................. 6
20A.

Advisory Board ..................................................................................................................................................................................... 6
20B. Functions of the Advisory Board .................................................................................................................................................. 7
20C. Remuneration of the Advisory Board .......................................................................................................................................... 7
20D. Meetings and quorum ....................................................................................................................................................................... 7
Part IV – APPOINTMENT AND TERMS AND CONDITIONS OF SERVICE .......................................................................................... 8
21. State Counsel .......................................................................................................................................................................................... 8
22.

................................................................................................................................................ 8
22.

Terms and conditions of service ...................................................................................................................................................... 8
23. Secondment ............................................................................................................................................................................................. 8
24. Code of conduct ..................................................................................................................................................................................... 8
25. Other staff ................................................................................................................................................................................................ 9

.................................................................................................................................................... 9

Part V – MISCELLANEOUS PROVISIONS ..................................................................................................................................................... 9
26. Prohibition of unauthorized disclosure of information ........................................................................................................... 9
27. Depository of laws and agreements ............................................................................................................................................... 9
28. The public seal ....................................................................................................................................................................................... 9
28A. Seal of the Office ............................................................................................................................................................................... 9
29. Accessibility ........................................................................................................................................................................................... 10
30.

............................................................................................................................................... 10
30.

Facilities .................................................................................................................................................................................................. 10
31. Annual report ....................................................................................................................................................................................... 10
32. Regulations ............................................................................................................................................................................................ 10
33. Savings .................................................................................................................................................................................................... 10
33A. Further saving ................................................................................................................................................................................... 10
SCHEDULE [s. 24(1), Act No.

....................................................................................................................... 10
SCHEDULE [s. 24(1), Act No.

3 of 2024, Sch.] ........................................................................................................................................ 11

024, Sch.] ........................................................................................................................................ 11

Office of the Attorney-General Act (Cap. 6A) 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 The Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
An Act of Parliament to make further provision for the functions and powers of the Attorney-General; to
provide for the discharge of duties and the exercise of powers of the Attorney-General and for connected
purposes
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.

ege 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. 1

ubordinate officers who perform
or discharge legal functions and such other duties as may be assigned to them in the Office of the
Attorney-General. 1

Office of the Attorney-General Act (Cap. 6A) Kenya
Part II – ADMINISTRATION
4. Administration of the Office
(1) The administration of the Office, the discharge of duties, the exercise of the powers and the
relationship of the Office with other officers discharging legal duties in the public service shall be
governed by this Act. (2) The Attorney-General shall discharge the constitutional mandate of the Office specified under
Article 156 of the Constitution either in person or through a subordinate officer to whom the
function is delegated. 5.

of the Office specified under
Article 156 of the Constitution either in person or through a subordinate officer to whom the
function is delegated. 5.

Functions of the Attorney-General
(1) In addition to the functions of the Attorney-General under Article 156 of the Constitution, the
Attorney-General shall be responsible for—
(a) advising Government Ministries, Departments, Constitutional Commissions and State
Corporations on legislative and other legal matters;
(b) advising the Government on all matters relating to the Constitution, international law,
human rights, consumer protection and legal aid;
(c) negotiating, drafting, vetting and interpreting local and international documents,
agreements and treaties for and on behalf of the Government and its agencies;
(d) coordinating reporting obligations to international human rights treaty bodies to which
Kenya is a member or on any matter which member States are required to report;
(e) drafting legislative proposals for the Government and advising the Government and its
agencies on legislative and other legal matters;
(f) reviewing and overseeing legal matters pertaining to the registration of companies,
partnerships, business names, societies, adoptions, marriages, charities, chattels, hire
purchase and coat of arms;
(g) reviewing and overseeing legal matters pertaining to the administration of estates and
trusts;
(h) in consultation with the Law Society of Kenya, advising the Government on the regulation of
the legal profession;
(i) representing the national Government in all civil and constitutional matters in accordance
with the Government Proceedings Act (Cap.

l profession;
(i) representing the national Government in all civil and constitutional matters in accordance
with the Government Proceedings Act (Cap.

40);
(j) representing the Government in matters before foreign courts and tribunals; and
(k) performing any function as may be necessary for the effective discharge of the duties and the
exercise of the powers of the Attorney-General. (2) In the execution of the functions conferred by the Constitution and this Act, the Attorney-General
shall provide efficient and professional legal services to the Government and the public for the
purpose of facilitating, promoting and monitoring the rule of law, the protection of human rights
and democracy. 6. Powers of the Attorney-General
(1) The Attorney-General shall, by virtue of his office, be the titular head of the bar and shall take
precedence in court in all matters whenever he appears in accordance with the Advocates Act (Cap. 16). 2

be the titular head of the bar and shall take
precedence in court in all matters whenever he appears in accordance with the Advocates Act (Cap. 16). 2

Office of the Attorney-General Act (Cap. 6A) Kenya
(2) The Attorney-General shall, in discharging his functions under Article 156 of the Constitution have
power to—
(a) with leave of the court or tribunal, appear at any stage of proceedings, appeal, execution or
any incidental proceedings before any court or tribunal;
(b) require any officer in the public service to furnish any information in relation to any matter
which is the subject of legal inquiry;
(c) summon any officer in the public service to explain any matter which is the subject of
litigation by or against the Government; and
(d) issue directions to any officer performing legal services functions in any Government
Ministry. (3) The Attorney-General shall—
(a) establish such directorates, divisions, sections or units in the Office as may be necessary;
(b) establish such county or regional offices as may be necessary;
(c) supervise the formulation of policies and plans of the Office; and
(d) perform any other action necessary in the administrative interests of the Office. (4) The Attorney-General may, upon request, appear and advise on any legal matter in any committee
of Parliament.

inistrative interests of the Office. (4) The Attorney-General may, upon request, appear and advise on any legal matter in any committee
of Parliament.

(5) In the exercise of the powers and performance of functions of the Office, the Attorney-General shall
not be under the direction or control of any person or authority. 7. Audience by Attorney-General in matters of public interest, etc. (1) Despite the provisions of any written law to the contrary or in the absence of any other written law,
the Attorney-General shall have the right of audience in proceedings of any suit or inquiry of an
administrative body which the Attorney-General considers—
(a) to be of public interest or involves public property; or
(b) to involve the legislature, the judiciary or an independent department or agency of the
Government.

ublic interest or involves public property; or
(b) to involve the legislature, the judiciary or an independent department or agency of the
Government.

(2) In the exercise of the powers of the Attorney-General under subsection (1), the Attorney-General
shall—
(a) notify any court, tribunal or any other administrative body of the intention to be enjoined to
the suit, inquiry or administrative proceedings; and
(b) satisfy the court, tribunal or any other administrative body of the public interest or public
property involved, and comply with any direction of the court, tribunal or any such other
administrative body on the nature of pleadings or measures to be taken for purposes of
giving effect to the effective discharge of the duties of the Office. (3) Where a suit, inquiry or any other proceedings is pending before a court, tribunal or any other
administrative body to which the Attorney-General does not have a right of audience, it shall be
sufficient for the Attorney-General to file a certificate of the intention of the Attorney-General to be
joined in the proceeding. (4) The court, tribunal or any such administrative body shall, upon receipt of a certificate under
subsection (3), enjoin the Attorney-General in the proceedings. 3

tribunal or any such administrative body shall, upon receipt of a certificate under
subsection (3), enjoin the Attorney-General in the proceedings. 3

Office of the Attorney-General Act (Cap. 6A) Kenya
8. Protection from personal liability
(1) No criminal proceeding or civil suit shall be brought against the Attorney-General, the Solicitor-
General or a subordinate officer in respect of any proceeding in a court of law or in the course of
discharging of the functions of the Attorney-General under the Constitution and this Act. (2) No matter or thing done by the Attorney-General, the Solicitor-General or a subordinate office
shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the
Commission, render the Attorney-General, Solicitor-General or other subordinate officer personally
liable to any action, claim or demand whatsoever. 9. The Solicitor-General
(1) There shall be a Solicitor-General who shall be appointed by the President with the approval of the
National Assembly. (2) The President shall nominate a person for appointment as a Solicitor-General from among persons
recommended by the Public Service Commission.

bly. (2) The President shall nominate a person for appointment as a Solicitor-General from among persons
recommended by the Public Service Commission.

(3) A person shall be qualified for appointment to the office of Solicitor-General if the person—
(a) is qualified to hold the office of judge of a superior court under the Constitution; and
(b) meets the requirements of Chapter Six of the Constitution. (4) The Solicitor-General shall assist the Attorney-General in the performance of the duties of the
Attorney-General. (5) The Solicitor- General shall carry out any function, discharge any duty and exercise any power as
may be directed by the Attorney-General and shall—
(a) organise, co-ordinate and manage the administrative and the legal functions of the Office;
(b) assist the Attorney-General in the performance of his duties as the principal legal advisor to
the Government;
(c) conduct, or assign and supervise all court cases, including appeals or petitions on behalf of
the Attorney-General; and
(d) subject to section 20B, be responsible for the discipline of State Counsel and other members
of staff of the Office.

of
the Attorney-General; and
(d) subject to section 20B, be responsible for the discipline of State Counsel and other members
of staff of the Office.

(6) In the performance of the functions and the exercise of the powers of the Solicitor-General, the
Solicitor-General shall be responsible for —
(a) organizing and coordinating the administrative and legal functions of the Office;
(b) formulating and ensuring implementation of development strategies for Government Legal
Services;
(c) undertaking duties of alternate chairperson of the Disciplinary Tribunal;
(d) performing duties of alternate Chairperson of the College of Arms;
(e) performing duties as a member of the Council of Legal Education;
(f) coordinating the attachment of candidates for pupillage in the Office; and
(g) performing such other duties as may be conferred by law or otherwise assigned to the
Solicitor-General by the Attorney-General. [Act No. 3 of 2024, Sch.]
4

rming such other duties as may be conferred by law or otherwise assigned to the
Solicitor-General by the Attorney-General. [Act No. 3 of 2024, Sch.]
4

Office of the Attorney-General Act (Cap. 6A) Kenya
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
(1) The President may remove the Attorney-General or the Solicitor-General from office only for—
(a) serious violation of the Constitution or any other law;
(b) gross misconduct, whether in the performance of their functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence; or
(e) bankruptcy. (2) Notwithstanding the provisions of subsection (1), the President may, upon election under the
Constitution, appoint a person who is qualified as Attorney-General in accordance with the
provisions of the Constitution and this Act. 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.

uty 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
(1) The Attorney-General may, either generally or otherwise as provided by the instrument of
delegation, by writing under his hand delegate to the Solicitor-General or any State Counsel all or
any of his powers and functions under any written law, except this power of delegation. (2) A power or function delegated under this section may be exercised or performed by the Solicitor-
General or State Counsel in accordance with the instrument of delegation. (3) A delegation under this section may be revoked at will and does not prevent the exercise of a power
or performance of a function by the Attorney-General. 15. Legal officers in Government Ministries, departments
(1) All State Counsel in any Government Ministry or Department shall be officers of the Attorney-
General and shall be answerable to the Attorney-General. (2) The Attorney-General shall have the power to issue directions to any State Counsel with regard to
the manner of performing the legal functions within their respective Ministries or Departments. 5

issue directions to any State Counsel with regard to
the manner of performing the legal functions within their respective Ministries or Departments. 5

Office of the Attorney-General Act (Cap. 6A) Kenya
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—
(a) interpretation of the Constitution;
(b) any matter relating to international agreements and treaties;
(c) any matter that the Attorney-General may from time to time designate;
(d) any matter which the law reserves to the Attorney-General. 17. Engagement of consultant
(1) No Ministry or Department shall engage the services of a consultant to render any legal services
relating to the functions of the Attorney-General without the approval of the Attorney-General. (2) For the purpose of observing standards, maintaining quality or capacity building, the Attorney-
General may—
(a) direct a State Counsel to participate in the work of the consultant; and
(b) prescribe the terms and conditions for a State Counsel who participates in such consultancy. 18.

to participate in the work of the consultant; and
(b) prescribe the terms and conditions for a State Counsel who participates in such consultancy. 18.

Power to issue directives and practice notes
(1) The Attorney-General shall exercise powers, issue directives or practice notes to any officer to
whom this Act applies for the purpose of maintaining standards and uniformity. (2) The directives or practice notes issued pursuant to subsection (1) shall be in such form and manner
as the Attorney-General may determine. 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
(1) There is established a board to be known as the Advisory Board to the Office of the Attorney-
General.

OF THE ATTORNEY-GENERAL
20A. Advisory Board
(1) There is established a board to be known as the Advisory Board to the Office of the Attorney-
General.

(2) The Advisory Board shall consist of —
(a) the Attorney-General,
(b) the Principal Secretary responsible for matters relating to the public service,
(c) the Principal Secretary responsible for matters relating to the National Treasury,
6

etary responsible for matters relating to the public service,
(c) the Principal Secretary responsible for matters relating to the National Treasury,
6

Office of the Attorney-General Act (Cap. 6A) Kenya
(d) the Chairperson of the Public Commission or a representative designated in writing by the
Chairperson,
(e) the Chairperson of the Council of the Institute of Human Resource Management established
under the Human Resource Management Professionals Act (Cap. 538) or a representative
designated in writing by the Chairperson, and
(f) the President of the Law Society of Kenya or a representative designated in writing by the
President. (3) The Attorney-General shall be the chairperson of the Advisory Board. (4) The Solicitor-General shall be the secretary to the Advisory Board. [Act No. 3 of 2024, Sch.]
20B.

shall be the chairperson of the Advisory Board. (4) The Solicitor-General shall be the secretary to the Advisory Board. [Act No. 3 of 2024, Sch.]
20B.

Functions of the Advisory Board
The Advisory Board shall advise the Attorney-General on —
(a) recruitment and appointment of Deputy Solicitors-General, State Counsel and other members of
staff of the Office,
(b) promotion of State Counsel and other members of staff of the Office,
(c) discipline of the Deputy Solicitors-General, State Counsel and other members of staff of the Office,
(d) remuneration of Deputy Solicitors-General, State Counsel and other members of staff of the Office
in consultation with the Salaries and Remuneration Commission, and
(e) matters that may be referred to the Advisory Board by the Attorney-General. [Act No. 3 of 2024, Sch.]
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
(1) The Advisory Board shall meet at least four times in every financial year and not more than three
months shall elapse between one meeting and the next meeting.

ory Board shall meet at least four times in every financial year and not more than three
months shall elapse between one meeting and the next meeting.

(2) Unless four members of the Advisory Board otherwise agree, at least fourteen days’ notice of a
meeting shall be given to every member. (3) The quorum at a meeting of the Advisory Board shall be four members. (4) The chairperson of the Advisory Board shall convene and preside over the meetings of the Advisory
Board or in the absence of the chairperson, a member of the Advisory Board elected by the members
present from among their number. (5) The proceedings of the Advisory Board shall not be invalidated by reason of a vacancy or absence
among the members. (6) A member of the Advisory Board or a person present at a meeting of the Advisory Board who has
interest in a matter for consideration by the Advisory Board or by the Office shall disclose in writing
7

t at a meeting of the Advisory Board who has
interest in a matter for consideration by the Advisory Board or by the Office shall disclose in writing
7

Office of the Attorney-General Act (Cap. 6A) Kenya
the nature of that interest and is disqualified from participating in the deliberations of the Advisory
Board or the Office in respect of that matter, unless the Advisory Board or Office decides otherwise. [Act No. 3 of 2024, Sch.]
Part IV – APPOINTMENT AND TERMS AND CONDITIONS OF SERVICE
21. State Counsel
(1) The Attorney-General may, in consultation with, and on the recommendation of the Advisory Board
appoint such number of State Counsel as may be necessary for the proper and efficient discharge of
the functions of the Office. (2) A person qualifies for appointment as a State Counsel under subsection (1) if such person—
(a) is an Advocate of the High Court of Kenya; and
(b) is a fit and proper person with due regard to the discharge of his or her duties under this Act. (3) The Attorney-General shall comply with the values and principles under the Constitution in the
appointment of State Counsel. (4) The Attorney-General shall cause to be published in the Gazette, the names of all persons
appointed as a State Counsel under subsection (1).

nsel. (4) The Attorney-General shall cause to be published in the Gazette, the names of all persons
appointed as a State Counsel under subsection (1).

(5) The Attorney-General may deploy a State Counsel appointed under subsection (1) to any Ministry. (6) The State Counsel appointed under subsection (1) shall perform such functions as may be assigned
by the Attorney-General. (7) A person shall not act as a State Counsel unless that person has been appointed as such under
subsection (1). (8) For the avoidance of doubt, nothing in this Act shall entitle any officer who is not qualified in law to
perform legal services functions in the public service. [Act No. 3 of 2024, Sch.]
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
(1) The Office may, upon request, second any State Counsel to any agency, organization or institution
on such terms and conditions as the Office may, in consultation with the agency to which the
person is being seconded, agree upon.

tion or institution
on such terms and conditions as the Office may, in consultation with the agency to which the
person is being seconded, agree upon.

(2) A State Counsel who is seconded under subsection (1) shall be deemed to be an employee of the
agency, organization or institution, shall enjoy the same benefits and shall be required to comply
with such orders and directions of the agency, organization or institution in the same manner as an
employee who is directly recruited by that agency, organization or institution. 24. Code of conduct
(1) A State Counsel appointed under section 21(1) shall subscribe to and observe the Code of Conduct
set out in the Schedule. (2) The Attorney-General may from time to time amend the Schedule. 8

21(1) shall subscribe to and observe the Code of Conduct
set out in the Schedule. (2) The Attorney-General may from time to time amend the Schedule. 8

Office of the Attorney-General Act (Cap. 6A) Kenya
(3) A State Counsel who breaches the Code of Ethics shall be liable to disciplinary action. 25. Other staff
(1) There shall be such officers and other members of staff of the Office as the Attorney-General
considers necessary for the proper and efficient discharge of the functions of the Office. (2) The Attorney-General may procure the services of such other persons as may be reasonably
necessary for the purposes of assisting the Attorney-General in the performance of the functions of
the Attorney-General. (3) The composition of the staff of the Office shall reflect the—
(a) regional and ethnic diversity of the people of Kenya; and
(b) gender equity. (4) The Attorney-General shall ensure that in the appointment of staff, person with disabilities are
taken into account. Part V – MISCELLANEOUS PROVISIONS
26.

Attorney-General shall ensure that in the appointment of staff, person with disabilities are
taken into account. Part V – MISCELLANEOUS PROVISIONS
26.

Prohibition of unauthorized disclosure of information
(1) Without prejudice to the provisions of any other written law, an officer or member of staff of the
Office shall not disclose or use any information gained by the officer or member of staff otherwise
than in the course of the official duties of the officer or member of staff or with the authority of the
Attorney-General. (2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to
a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding
two years, or to both. 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
(1) There shall be a seal of the Office which shall be such device as the Attorney-General shall
determine. (2) The seal of the Office shall be kept in the custody of the Attorney-General or such person as the
Attorney-General may authorise in that regard.

. (2) The seal of the Office shall be kept in the custody of the Attorney-General or such person as the
Attorney-General may authorise in that regard.

(3) The seal of the Office shall be used in accordance with the orders of the Attorney-General. (4) The seal of the Office, when affixed to a document and duly authenticated, shall be judicially and
officially noticed and, unless the contrary is proved, any necessary order or authorization of the
Attorney-General in respect of the seal under this section shall be presumed to have been duly
given. [Act No. 3 of 2024, Sch.]
9

authorization of the
Attorney-General in respect of the seal under this section shall be presumed to have been duly
given. [Act No. 3 of 2024, Sch.]
9

Office of the Attorney-General Act (Cap. 6A) Kenya
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
(1) The Attorney-General shall, as soon as practicable after thirtieth June in each year, prepare and
furnish to the President a report of the operations of the office during the year that ended on
thirtieth June. (2) The report prepared under subsection (1), shall, in respect of the year to which it relates, contain—
(a) the financial statements of the Office;
(b) a description of the activities of the Office; and
(c) such other information relating to its functions that the Office may consider necessary. (3) The Attorney-General shall cause a copy of the report furnished under subsection (1) to be laid
before each House of Parliament within fifteen days after the day on which the President receives
the report. 32.

shed under subsection (1) to be laid
before each House of Parliament within fifteen days after the day on which the President receives
the 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.

tor-
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—
(a) on the commencement of this section, be deemed to have been employed and deployed in
accordance with this Act,
(b) retain any rights that have accrued or are accruing to him or her before the commencement of this
Act,
(c) continue to contribute to any superannuation scheme to which he or she was a contributor
immediately before the commencement of this Act,
(d) be entitled to receive any deferred or extended leave and any payment, pension or gratuity as if
he or she has continued to be such an officer, contributor or person during his or her service as a
member of the Office,
10

pension or gratuity as if
he or she has continued to be such an officer, contributor or person during his or her service as a
member of the Office,
10

Office of the Attorney-General Act (Cap. 6A) Kenya
(e) be deemed to have been employed in accordance with this Act for the purposes of any written law
under which any rights accrued or were accruing to him or her under which he or she continues to
contribute or by which any entitlement has been conferred, and
(f) be deemed to be a State Counsel, officer or employee of the Office for the purposes of any
superannuation scheme to which he or she is entitled to contribute. [Act No. 3 of 2024, Sch.]
SCHEDULE [s. 24(1), Act No. 3 of 2024, Sch.]
CODE OF CONDUCT
Ethical Values and Principles
1. Application
(1) This Code of Ethics shall apply to all State Counsel. (2) This Code of Ethics shall be supplementary to the Rules of Professional Conduct and Etiquette of
the Law Society of Kenya. 2. Loyalty and Dedication
A State Counsel shall perform the functions of the Office with complete loyalty and dedication and shall
not indulge in any activity that may affect the sovereignty and interests of the nation. 3. Responsibility
A State Counsel shall ensure that his personal conduct is consistent with the dignity, image and integrity
of the Office. 4.

nation. 3. Responsibility
A State Counsel shall ensure that his personal conduct is consistent with the dignity, image and integrity
of the Office. 4.

Honesty
A State Counsel shall act honestly and with propriety in the performance of his duties and functions. 5. Competence
A State Counsel shall—
(a) perform the functions and discharge duties of the Office in a competent manner;
(b) handle matters without undue delay, risk or unnecessary expense to the Government. 6. Quality of service
A State Counsel has a duty to serve the Government and the public in a conscientious, diligent and
efficient manner in order to provide quality service. 7. Fairness and Diligence
A State Counsel shall not make an official decision without first giving due consideration to the matter at
hand and the impact it is likely to have on the rights and interests of the people involved. 11

ithout first giving due consideration to the matter at
hand and the impact it is likely to have on the rights and interests of the people involved. 11

Office of the Attorney-General Act (Cap. 6A) Kenya
8. Confidentiality
A State Counsel has a duty to hold in strict confidence all information concerning the business and affairs
of the Government and the public generally where the information is acquired by virtue of office and
except where the disclosure is expressly authorized by the Attorney-General, or required by law. 9.

he information is acquired by virtue of office and
except where the disclosure is expressly authorized by the Attorney-General, or required by law. 9.

Integrity
A State Counsel shall—
(a) not be influenced in any manner whatsoever by any individual or body of individuals in the
discharge of his official duties;
(b) perform the functions and discharge the duties of the Office with integrity;
(c) respect and comply with this Act and any written law and shall conduct himself both in private and
official capacities in a manner that promotes public confidence, the integrity of the Public Service,
Office of the Attorney-General and the legal profession;
(d) not allow outside interest to compromise or in any way jeopardize the integrity of the legal
professional, independence or competence;
(e) at all times observe a standard of conduct that reflects credit on the legal profession and the public
service and administration of justice generally; and
(f) desist from conduct capable of drawing an impression of being involved in corruption. 10. Selflessness
A State Counsel shall take decisions solely in the interest of the nation and justice and not on any other
factors. 11. Transparency
The decisions and actions of a State Counsel shall be made in a transparent manner and the State Counsel
shall provide reasons for his decisions. 12.

The decisions and actions of a State Counsel shall be made in a transparent manner and the State Counsel
shall provide reasons for his decisions. 12.

Leadership
A State Counsel shall—
(a) at all times display high moral values and conduct himself in a manner that reflects credibility on
the Office;
(b) abide by the spirit and letter of the law; and
(c) adhere to the ethical standards expressed in this Schedule. 13. Rule of law and the administration of justice
A State Counsel has—
(a) a duty to promote respect for the rule of law and administration of justice;
(b) a duty to treat the court with candour, courtesy and respect and shall not attempt to influence court
decisions by use of deceptive or reprehensible methods;
(c) a duty to deal with other lawyers fairly, courteously and in good faith; and
(d) a duty to uphold the integrity and reputation of the legal profession and promoting principles of
fairness, justice and honesty. 12

ood faith; and
(d) a duty to uphold the integrity and reputation of the legal profession and promoting principles of
fairness, justice and honesty. 12

Office of the Attorney-General Act (Cap. 6A) Kenya
14. Appropriate presentation and attire
A State Counsel shall at all times in and outside the place of work appear in smart, proper and decent dress
and behave in a manner befitting both the public service and the legal profession. 15. Personal Conduct
(1) A State Counsel, shall comply with and execute laws, uphold the administration of justice and
protect the integrity of public life.

rsonal Conduct
(1) A State Counsel, shall comply with and execute laws, uphold the administration of justice and
protect the integrity of public life.

(2) A State Counsel entrusted with the responsibility to serve the nation, shall—
(a) refrain from indulging in habits and behaviour that infringe upon the performance of official
duties or tarnish the image of the Office;
(b) maintain the dignity and decorum of the Office;
(c) not use Government resources for personal purposes and benefits;
(d) be liable for unlawful and improper behaviour or the non-performance of his duties;
(e) not do or direct to be done, in abuse of his office or power, any act prejudicial to the rights of
another person knowing that such act is unlawful or contrary to Government policy;
(f) maintain transparency in the policies of the Office and in his decisions and actions;
(g) not knowingly mislead the Government on any matter of significance arising from his
functions;
(h) not maintain or operate a bank account in any country outside Kenya;
(i) not provide information which is detrimental to the interest, territorial integrity and
sovereignty of Kenya;
(j) protect and uphold professionalism, render decisions based on merit, and shall prohibit all
forms of discrimination; and
(k) not accept any gifts, presents or benefits. 16.

fessionalism, render decisions based on merit, and shall prohibit all
forms of discrimination; and
(k) not accept any gifts, presents or benefits. 16.

Conflict of Interest
(1) A State Counsel shall ensure that no conflict arises or appears to arise between his official duties
and his private interests. (2) A State Counsel shall not—
(a) appear, advise or represent any party against the Government; and
(b) be a member of, belong to, or take part in any society the membership of which is
incompatible with the functions or dignity of his office. 13