Court Upholds Dorcas Oduor’s Appointment, Dismisses Petition Against Muturi’s Exit
A dramatic legal battle over the Attorney General’s office ended on Monday, November 3, after the High Court dismissed a petition challenging the removal of former AG Justin Muturi. The court ruled that President William Ruto acted within the law when he appointed Dorcas Oduor as Muturi’s successor.
“Muturi Resigned Voluntarily” — Court Rejects Forced Exit Claims
Justice Lawrence Mugambi delivered the ruling, stating that the petitioners failed to prove Muturi was unlawfully removed. The case, filed by Dr. Magare Gikenyi and six others, alleged that Muturi’s exit was disguised as a resignation.
“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,” Justice Mugambi stated.
“Suspicion Is Not Evidence” — Court Warns Against Political Speculation
“Suspicion alone cannot substitute for admissible proof,” he said. “Courts must rely on facts, not political narratives.”
This statement sent a clear message to those who attempt to politicize executive decisions without legal backing.
“Office Became Vacant by Law” — Oduor’s Appointment Deemed Legal
The court ruled that once Muturi’s resignation was accepted, the Attorney General’s office became vacant by law. Therefore, the President had full authority to appoint a replacement.
“The vacancy occurred by operation of law. The President was not obligated to involve Parliament or the Public Service Commission,” the judge clarified.
This ruling dismissed claims that the appointment process violated constitutional procedures.
“No Proof of Falsification” — Gazette Notice Stands
Petitioners also argued that the Gazette notice announcing Muturi’s resignation was altered after public backlash. They claimed the change was meant to sanitize the removal.
“There is no admissible proof to show that any falsification occurred or that the President’s office acted in bad faith,” Justice Mugambi ruled.
This finding further weakened the petitioners’ case and reinforced the legitimacy of the transition.
“Oduor’s Appointment Stays” — Court Closes Chapter on AG Dispute
With the petition dismissed, Dorcas Oduor’s appointment as Attorney General stands. The court confirmed that her installation followed legal procedure and cannot be invalidated.
“Without proof of unlawful vacancy, the appointment remains valid,” the judge concluded.
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Court Upholds Dorcas Oduor’s Appointment, Dismisses Petition Against Muturi’s Exit
