Establishment: This office is established by Article 156 (1) of the constitution. It is an office in the public service.
Appointment: Under Article 156 (2), the Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.
Under Article 156 (3) the qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice, i.e.:
o At least 15 years experience as a superior court judge; or
o At least 15 years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant fecal field
POWERS OF THE ATTORNEY GENERAL
Under Article 156, the Attorney General
a. Is the principal legal adviser to the Government;
b. Shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and
c. Shall perform any other functions conferred on the office by an Act of Parliament or by the President.
– The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court (amicus curie) in any civil proceedings to which the Government is not a party.
– He is an ex-officio member of the National Assembly.
– He drafts all government bills.
– He is the head of the bar i.e. most senior lawyer
– He represents the state in all civil cases.
– He services the legal needs of other government department
– He is a member of the Judicial service Commission
– He sits in the Cabinet
– He is a member Of the Committee of the prerogative of mercy
– The Attorney-General shall promote, protect and uphold The rule of law and defend the public interest.
– The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions