The Office of the County Attorney (Amendment) Bill, 2024

Background

The Office of the County Attorney Act (Cap. 265E) establishes the offices of the County Attorney and County Solicitor within County Governments to provide legal advisory services. Sponsored by Senator David Wakoli Wafula, this amendment Bill aims to increase professional experience standards for these legal positions and revise the County Attorney's tenure to ensure administrative alignment with the county executive.

Key Amendments

1. Qualifications for County Attorney

The Bill proposes to amend Section 5(2) of Cap. 265E by deleting the word "five" and substituting it with "ten". This increases the required qualifications for a County Attorney from at least five years to at least ten years of standing as an Advocate of the High Court of Kenya.

2. Qualifications for County Solicitor

The Bill proposes to amend Section 17(2)(a) of Cap. 265E by deleting the word "five" and substituting it with "ten". This increases the required legal experience for a County Solicitor from five years to at least ten years of experience as an Advocate of the High Court of Kenya.

3. Tenure of Office for County Attorney

The Bill proposes to amend Section 6(1) of Cap. 265E by deleting the phrase "a term of six years" and substituting it with "for the term of the governor". This changes the County Attorney's term from a fixed six-year term to match the term of the appointing Governor.