The Functions of the Solicitor General in Kenya

The major function of the Solicitor General in Kenya is to assist the Attorney-General in performing the duties of the Office of the Attorney-General. Section 9 of the Office of the Attorney General Act provides for the Office of the Solicitor General in Kenya.

The President shall appoint the Solicitor General with the approval of the National Assembly. The President shall nominate a person for appointment as a Solicitor General from among persons the Public Service Commission recommends.

A person shall qualify for appointment to the office of Solicitor-General if the person is qualified to hold the office of judge of a superior court under the Constitution and meets the requirements of Chapter Six of the Constitution.

The Solicitor-General shall not engage in any other gainful employment. The Solicitor-General may resign from office in writing, addressed to the President.

The Attorney General may, in consultation with, the Public Service Commission appoint such Deputy Solicitors General as the Attorney General may consider necessary for the proper and efficient discharge of the functions of the Office of the Attorney General.

Functions of the Solicitor General in Kenya

The Solicitor-General shall assist the Attorney-General in performing the duties of the Attorney-General.

The Solicitor General shall carry out any function, discharge any duty and exercise any power the Attorney-General may direct and shall–

• organise, co-ordinate and manage the administrative and the legal functions of the Office of the Attorney General;
• assist the Attorney-General in performing their duties as the principal legal advisor to the Government;
• conduct, or assign and supervise all court cases, including appeals or petitions on behalf of the Attorney-General; and
• subject to Article 234 of the Constitution, be responsible for the discipline of State Counsel and other members of staff of the Office of the Attorney General.

In performing the functions and exercising the powers of the Solicitor-General, the Solicitor-General shall be responsible for–

• organizing and coordinating the administrative and legal functions of the Office of the Attorney General;
• formulating and ensuring implementation of development strategies for Government Legal Services;
• undertaking duties of the alternate chairperson of the Disciplinary Tribunal;
• performing duties of alternate Chairperson of the College of Arms;
• performing duties as a member of the Council of Legal Education;
• coordinating the attachment of candidates for pupillage in the Office; and
• performing such other duties as the law may confer or otherwise assigned to the Solicitor-General by the Attorney-General.

Removal from office

The President may remove the Solicitor-General from office only for–

• serious violation of the Constitution or any other law;
• gross misconduct, whether in the performance of their functions or otherwise;
• physical or mental incapacity to perform the functions of office;
• incompetence; or
• bankruptcy.

For more information about the Solicitor General in Kenya, see the Office of the Attorney General Act.