Since his inauguration in 2013, President Uhuru Kenyatta has frequently found Attorney General Githu Muigai a crucial pillar to the success of his first term and his assumption to office for the second term.
Shortly after the 2013 elections, President Kenyatta and DP William Ruto ended in the uncertain waters of the International Criminal Court (ICC).
However, when AG Muigai was enjoined as an amicus curiae (“friend of the court”) in the case, it was apparent that the two leaders would get off the hook.
As the head of the Kenyan State Law Office and the principal legal adviser to the government of Kenya, the AG took the Prosecution head-on during the ICC Status Conference. Following his intervention, the President and DP later got acquitted their charges of crimes against humanity.
Again in 2017, President Kenyatta’s win was on the balance and AG Githu Muigai came in handy at the Supreme Court. Even though the first election was nullified, the AG had vehemently defended the government during the Presidential Petition.
Soon after, NASA leader Raila Odinga indicated that there will be a constitutional crisis if elections were not held within 60 days after the nullification.
However, Muigai clarified that there was no room for a caretaker government in Kenya and that President Kenyatta would continue with his term until the repeat election was conducted.
During the election period, the row on IEBC ballot printing tender was nearly derailing the repeat presidential election and again, the AG had to defend the government’s position in court.
His argument remained that the cancellation of the tender to Al Ghurair would cause a constitutional crisis and the government won the case.
Earlier in the year, there were fears that Raila Odinga’s swearing could destabilize the government and Mr Muigai made his contribution terming such an act as high-treason in a bid to deter the Opposition. Besides, the AG moved to court to challenge the formation of People’s Assemblies – an initiative of NASA.
AG Muigai was appointed on August 29, 2011, and up to his resignation, his advise to the Government on legislative and other legal matters was outstanding.
President Kenyatta has nominated Judge Paul Kihara Kariuki to replace Muigai pending vetting.