Attorney General will serve for maximum 10 years


Published on 13/11/2009

by Jibril Adan

Future Attorneys General will stay in office for a term of 10 years with no option of reappointment.

The draft constitution proposed by the Committee of Experts (CoE) also says the AG shall have the same qualifications as the Chief Justice.

Wako: 18 years in office

The current AG Amos Wako has been in office for 18 years and may continue for many more if he does not bow to pressure to quit, as his office has no defined retirement age.

The current law left Parliament to set the retirement age for the holder of the officer, but no Bill has ever been taken to Parliament to set the limit.

The draft makes it clear that the AG is not supposed to act under directions or instruction from any other person in exercising his or her powers. The role of AG is to "promote, protect and uphold the rule or law and defend public interest".

As Government chief legal adviser, the AG is also supposed to draft legislation for the national government.

Parliament will have a say in the appointment of the AG just like it will have to approve the holder of the office of Chief Justice.

The draft introduces many checks that will limit abuse of power by making clear distinctions of limits of powers and how they are to be exercised.

For example, any order given by the Minister of Internal Security to the Inspector General as the head of police force "must be in writing and will have to be tabled in Parliament within a month"

 

 

Read all about: CoE Amos Wako

 

 

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