Attorney General Row: Court Upholds Dorcas Oduor’s Appointment

Kenya, 4 November 2025 - The High Court has upheld the appointment of Dorcas Oduor as Kenya’s Attorney General (AG), dismissing a petition that sought to challenge the manner in which former AG Justin Muturi left office.

In a detailed judgment delivered by Justice Lawrence Mugambi, the court ruled that President William Ruto acted within the law when he accepted Muturi’s resignation and later appointed Oduor to head the State Law Office.

The petition, filed by Dr Magare Gikenyi and six others, had questioned the legality of Muturi’s exit, claiming he was irregularly removed under the guise of a resignation.

The petitioners also faulted Oduor’s appointment, arguing that it contravened the Constitution and the Office of the Attorney General Act.

Justice Mugambi, however, found that the petitioners did not present credible proof that Muturi was coerced to step down.

The court held that documentary evidence, including a resignation letter and a Gazette notice, supported the claim that Muturi voluntarily vacated the office on 11 July 2024.

“The court is persuaded that the materials before it sufficiently demonstrate that the former Attorney General left office through resignation and not by removal,” Justice Mugambi stated.

He further observed that under Article 22 of the Constitution, the burden of proof lay with the petitioners, who failed to provide any evidence or witness testimony contradicting the official record.

The judge also noted that “political interpretations or speculation” cannot substitute for concrete proof in constitutional petitions.

According to the ruling, once Muturi’s resignation was accepted by the President, the Attorney General’s position became vacant by operation of law, enabling the appointment of a successor.

Justice Mugambi also rejected arguments that the president was required to seek approval from Parliament or the Public Service Commission before filling the vacancy.

The petitioners had further alleged that the Gazette notice announcing Muturi’s resignation had been altered after public criticism to conceal an unlawful removal.

The court, however, found no evidence of falsification or bad faith by the executive.

The court ruled that the appointment of AG Oduor was valid and lawful, emphasising that without proof of an unlawful vacancy, there was no basis to nullify her assumption of office.

Muturi had served as AG from October 2022 until his resignation in July 2024, after which he briefly led the Public Service Ministry before being replaced in March 2025.