The High Court has thrown out a petition contesting the removal of former Attorney General Justin Muturi, ruling that President William Ruto acted within the law when appointing Dorcas Oduor as his successor.
The case, filed by Dr. Magare Gikenyi and six others, challenged the legality of Muturi’s exit, alleging that his removal was disguised as a resignation.
Muturi, who served as Kenya’s Attorney General from October 2022 to July 2024, was later moved to head the Public Service Ministry. However, his tenure there was short-lived, ending in March 2025 when he was dismissed and replaced by Geoffrey Ruku.
The petitioners claimed that Muturi’s exit and Oduor’s subsequent appointment contravened the Constitution and the Office of the Attorney General Act.
In a ruling delivered by Justice Lawrence Mugambi, the court found that the petitioners failed to prove that Muturi’s departure was coerced or unconstitutional.
“The court is persuaded that the evidence adduced by the respondents, including the resignation letter and the Gazette notice, stands as sufficient proof that the former Attorney General vacated office through resignation and not removal,” stated Justice Mugambi.
The court determined that Muturi’s resignation on July 11, 2024, was voluntary, with the respondents providing credible documentation to support the claim.
Justice Mugambi emphasized that the burden of proof under Article 22 of the Constitution lay with the petitioners, who failed to provide any evidence or witness contradicting the resignation. He added that political interpretations or speculation could not replace factual proof in constitutional disputes.
The judgment also affirmed that once Muturi’s resignation was accepted by the President, the Attorney General’s office became vacant by operation of law, allowing for a lawful appointment of a replacement.
The court dismissed arguments suggesting that Parliament or the Public Service Commission needed to be involved in confirming the vacancy, ruling that the Constitution did not impose such a requirement.
Additionally, claims that the Gazette Notice announcing Muturi’s resignation had been tampered with were dismissed for lack of evidence.
“There was no admissible proof showing that any falsification occurred or that the President’s office acted in bad faith,” the judge concluded.
Justice Mugambi ultimately upheld Dorcas Oduor’s appointment as valid and constitutional, bringing an end to the petition.
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