The Office of the County Attorney is established under the Office of the County Attorney Act as part of the county public service. This office is responsible for legal advisory services, representation, and legislative drafting within county governments.
Composition of the Office of the County Attorney
The Office of the County Attorney consists of:
- County Attorney – Head of the office and the principal legal advisor to the county government.
- County Solicitor – Principal assistant to the County Attorney.
- County Legal Counsel – Appointed as necessary, in consultation with the County Public Service Board.
The County Governor appoints the County Attorney, subject to approval by the County Assembly.
Qualifications for Appointment
A person qualifies for appointment as County Attorney if they:
- Are an Advocate of the High Court of Kenya with at least five years of legal practice.
- Meet the integrity standards outlined in Chapter Six of the Constitution.
The County Attorney serves a six-year term and holds the status of a member of the County Executive Committee (CEC).
Functions of the County Attorney
Under Section 7 of the Office of the County Attorney Act, the County Attorney performs the following duties:
1. Legal Advisory Services
- Acts as the principal legal advisor to the county government.
- Provides legal opinions and advice to county departments and agencies.
- Attends County Executive Committee meetings as an ex-officio member.
2. Legal Representation
- Represents the County Executive in court or other legal proceedings (except criminal cases).
- Defends the county government in cases involving county interests.
- Negotiates and drafts legal documents on behalf of the county government.
3. Legislative and Regulatory Functions
- Drafts and vets county laws, policies, and agreements.
- Reviews and revises existing county laws to align with constitutional requirements.
- Liaises with the Office of the Attorney General where necessary.
4. Oversight and Compliance
- Ensures compliance with national and county laws in county operations.
- Oversees legal matters involving public assets and interests within the county.
- Issues legal guidance on county legislative matters.
5. Other Functions
- Performs additional duties assigned by the Governor or required by law.
Powers of the County Attorney
Under the Office of the County Attorney Act, the County Attorney has the power to:
- Represent the county government in legal matters before courts and tribunals.
- Request information from county officers regarding legal matters under investigation.
- Summon county officials to provide explanations on legal issues.
- Direct legal officers within the county executive to perform specific legal functions.
- Establish administrative units within the Office of the County Attorney for effective operations.
Removal of the County Attorney
The County Attorney may leave office through:
- Resignation – By submitting a written notice to the Governor.
- Removal by the Governor, with approval from the County Assembly, for:
- Gross misconduct or violation of the Constitution.
- Incompetence or inability to perform duties.
- Physical or mental incapacity.
- Bankruptcy.
Right of Audience in Public Interest Matters
The County Attorney has the right of audience in:
- Any legal or administrative proceedings concerning:
- Public interest within the county.
- Public property owned by the county government.
- Independent county departments or agencies.
To exercise this right, the County Attorney must:
- Notify the court or tribunal of their intention to participate in proceedings.
- Demonstrate the legal interest of the county in the case.
- Comply with legal requirements for appearing in such cases.
Additionally, courts and tribunals may allow the County Attorney to join a case by filing a certificate of interest.
The County Solicitor
The County Solicitor is established under Section 17 of the Office of the County Attorney Act and is:
- Appointed by the County Public Service Board through a competitive recruitment process.
- Principal assistant to the County Attorney in executing legal functions.
Conclusion
The County Attorney plays a vital role in providing legal services, ensuring compliance with laws, and representing the county government in legal matters. Their powers include litigation, legal advisory services, legislative drafting, and compliance oversight. The County Solicitor supports the County Attorney in executing these functions.
For more details, refer to the Office of the County Attorney Act.
