The High Court has upheld the appointment of Dorcas Oduor as Kenya’s Attorney-General, dismissing a petition that sought to invalidate her appointment and challenge the removal of her predecessor, Justin Muturi.
The court ruled that Muturi voluntarily resigned and that all relevant authorities followed proper legal and constitutional procedures in both his exit and Oduor’s appointment.
The petition, filed by seven individuals led by Dr. Magare Gikenyi, claimed that Muturi’s removal was unlawful and orchestrated through an “unconstitutional and forged process.” The petitioners cited a presidential address and Gazette Notice No. 8440, arguing that they violated Article 132 of the Constitution and the Office of the Attorney-General Act, which outlines specific grounds for removal, including misconduct, incapacity, or incompetence.
They alleged that Muturi’s “purported resignation letter and an amended gazette notice” were fabricated to legitimize what they called an “illegal dismissal” from office. They also accused President William Ruto of reviving the “colonial-era pleasure doctrine,” which allows arbitrary dismissals, a principle they argued has no place in Kenya’s modern constitutional democracy.
Part of their argument hinged on the President’s televised statement announcing he had “decided to dismiss with immediate effect all the Cabinet Secretaries and the Attorney-General,” sparing only two members of the Cabinet.
However, in a detailed judgment, the court dismissed the petition, stating that the petitioners failed to produce credible evidence to counter sworn affidavits from State House, the Public Service Commission (PSC), and Parliament, all of which confirmed that Mr. Muturi had willingly resigned.
“The petitioner relied on the press release, but there was counter evidence produced by the respondents that the first interested party (Muturi) was not removed but had in fact resigned to enable him be considered for a Cabinet portfolio,” the judges observed.
Key documents relied upon by the court included Muturi’s resignation letter dated July 11, 2024, addressed to President Ruto, and Gazette Notice No. 8440, issued on July 12, 2024, which explicitly stated that the President had “accepted his resignation.”
Parliamentary records further supported the finding, showing that Muturi appeared before the Committee of Appointments on August 4, 2024, where he confirmed under oath that he resigned voluntarily to “assist the President in reorganizing the Cabinet.”
The court emphasized that the petitioners’ case was based on “conjecture and speculation,” noting that no forensic proof of forgery was presented. It cited Section 85 of the Evidence Act, which recognizes a gazette notice as prima facie evidence of its contents unless proven otherwise.
“The petitioners failed to meet the evidentiary threshold. A gazette notice speaks for itself, and no credible proof of falsification was tendered,” the court ruled.
The judges further held that the respondents, including State House, the PSC, and Parliament, had demonstrated compliance with all constitutional and statutory procedures. The court declined to interfere with Parliament’s vetting of Ms. Oduor, underscoring the doctrine of separation of powers.
“Courts cannot usurp the Legislature’s role in the absence of proven illegality or unconstitutionality,” the judgment stated.
It also dismissed claims that there was a “clandestine edit” to the Gazette Notice, terming the allegation baseless and unsupported by evidence. “The petitioner simply relied on a bare press release whose source was not authenticated, raising admissibility concerns,” the court added.
In conclusion, the ruling reaffirmed that President Ruto acted within his authority under Section 11 of the Attorney-General Act to accept a resignation, while clarifying that dismissals must follow the strict criteria outlined under Section 12. The court reiterated the fundamental principle that “he who alleges must prove.”
With the petition dismissed, Dorcas Oduor’s tenure as Attorney-General remains intact, effectively ending the legal challenge that had threatened to derail her leadership at the State Law Office.
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