NEWS

Attorney General’s Office embarks on comprehensive legal reform to align laws with the constitution

Dorcus Oduor, Attorney General 

The Office of the Attorney General has announced a concerted effort to repeal unconstitutional and obsolete laws. Attorney General Dorcas Oduor, in collaboration with the Kenya Law Reform Commission, revealed a strategy aimed at aligning the nation’s legal framework with constitutional provisions.

During a consultative meeting held on Monday with chairpersons and chief executive officers of semi-autonomous government agencies, Oduor highlighted the urgent need to review and rationalize existing laws to reflect constitutional requirements. “We have to relook at our strategies and what we are doing, ensuring we achieve effectiveness and efficiency while conforming to the Constitution,” she emphasized.

The High Court’s constitutional division has declared 100 legislations unconstitutional and identified 45 others as obsolete. In response, the Attorney General’s Office has commenced an ambitious exercise to repeal or harmonize these laws. This initiative is accompanied by a civic education campaign aimed at raising public awareness about the reforms and their impact on governance and service delivery.

The reforms are part of a broader government strategy to align laws with current realities and reduce resource strain. “We no longer need large offices or excessive human resources,” Oduor noted, emphasizing the role of technology and artificial intelligence in enhancing efficiency and accessibility.

A cornerstone of the reform agenda is ensuring access to justice for all Kenyans, particularly the indigent. The National Legal Aid Service, which now operates in 28 counties, will expand to all 47 counties by June. “Legal aid is one of our core strategies to ensure even the most disadvantaged citizens can access justice,” Oduor said. The office is also exploring technological solutions to make legal services more accessible, especially for those unable to afford traditional means of representation.

The decentralization of the Attorney General’s Office is another significant milestone, with its presence now expanded to 28 counties. Plans are underway to establish offices in all 47 counties, providing services such as the National Legal Aid Service and the Power of Mercy Community. This move aligns with the government’s goal of improving service delivery and fostering collaboration between national and county governments.

However, the transfer of certain functions to county governments has faced challenges. “The process of devolving functions such as healthcare is complex and requires careful consideration of resources and expertise,” Oduor explained. Discussions are ongoing to ensure a smooth transition without compromising service quality.

The reform process also underscores the importance of integrity, accountability, and transparency within government institutions. Oduor called on state agencies to align their activities with constitutional provisions and ensure citizen-centric service delivery. “We must enhance public trust in our institutions while fostering a sense of nationhood,” she stated.

The Attorney General’s Office, through the Law Reform Commission, is also tackling conflicting and redundant legislation. For instance, county governments have enacted laws on subjects already governed by national legislation, such as alcohol licensing. The upcoming national conference will focus on harmonizing such laws to avoid jurisdictional conflicts and improve governance.

Solicitor General Shadrack Mose reiterated the critical role of the Attorney General’s Office in advising the government on legal matters. “No government agenda progresses without the support of the Attorney General’s Office,” Mose assured. The decentralization of services and legal reforms are being implemented gradually due to budgetary constraints and the need for stakeholder consultations.

The government’s commitment to harmonizing laws and decentralizing services represents a significant step toward building a transparent, efficient, and constitutionally compliant legal system. By prioritizing citizen needs and leveraging technology, the reforms aim to enhance governance, promote justice, and strengthen public trust in government institutions.

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