Court orders Uhuru Kenyatta, William Ruto not to use AG as their advocate

Kenya: President Uhuru Kenyatta and his deputy William Ruto have been ordered to get their own advocates and stop using Attorney General Githu Muigai to defend them in court.

In a tough ruling yesterday, High Court Judge Justice Isaac Lenaola said the law does not allow the AG to represent individuals. Issuing the ruling in a case where a man wants the two top leaders removed from office, the judge said it was "irregular" that the AG was representing them in the case. He said the AG could only appear in court for the Government and the public in civil proceedings and not individuals sued in their private capacities.

Mr Isaac Aluochier wants Uhuru and Ruto to cease from holding the top jobs for allegedly being in office illegally. He had argued that under Section 5 of the Office of the Attorney General Act, there is no provision for representation of individuals in court proceedings.

He argues that prior to becoming President, between August 27,2010 and April 2012, Uhuru was Kanu chairman and continued to hold the position of an appointed Deputy Prime Minister of Kenya right until he assumed office as President. He accused Ruto of prior to becoming Deputy President, between August 27 2010 and August 2011, was both the Deputy Party Leader, Strategy of the Orange Democratic Movement (ODM) an appointed Minister for Higher Education, Science and Technology

Justice Lenaola in his ruling stated that since he had found the appearance of the AG for the President and his deputy as irregular, then the pleadings filed by him were also irregular.

"The respondents (President Uhuru and Vice President Ruto) should be served with a mention notice and may appoint private legal counsel to represent them in these proceedings," Justice Lenaola ruled.

"I have taken time to reflect on the matter and regarding representation by the AG in court proceedings, certainly Article 156(4)(b) is crystal clear," Justice Lenaola further stated.

Aluochier pointed out that the duo are part of the Government, but actions complained of is on their past as officials of political parties and ministers in Government.