The High Court has dismissed a petition challenging the removal of former Attorney General (AG) Justin Muturi, ruling that his departure from office was voluntary and lawful.
In the case filed by Dr. Magare Gikenyi and six others, the petitioners alleged that Muturi was irregularly removed through an executive decision disguised as a resignation. They further claimed that the appointment of his successor, Dorcas Oduor, violated the Constitution and the Office of the Attorney General Act.
Muturi, who served as Kenya’s AG from October 2022 to July 2024, was later moved to the Ministry of Public Service before being dismissed in March 2025. He was replaced by Geoffrey Ruku in that role, while Oduor took over the AG’s office.
Delivering the judgment, Justice Lawrence Mugambi found that the petitioners failed to provide evidence proving that Muturi was forced out of office. The court noted that the respondents, led by the Attorney General’s office, presented credible evidence including a signed resignation letter and a Gazette notice confirming Muturi’s voluntary exit on July 11, 2024.
“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.
He emphasized that the burden of proof lay with the petitioners under Article 22 of the Constitution, and mere suspicion or political interpretation could not replace factual evidence.
The judge further ruled that once Muturi’s resignation was accepted by the President, the AG’s office became vacant by law, enabling the appointment of a successor. Allegations that the Gazette notice was altered after public criticism were dismissed for lack of proof.
Justice Mugambi concluded that there was no legal basis to invalidate Dorcas Oduor’s appointment as Attorney General.
