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Kidero in standoff with county assembly over new law

Nairobi Governor Evans Kidero has rejected a Bill that sought to establish the office of a county attorney.

The Bill, Nairobi City County Office of the County Attorney Bill, 2016, which was passed by the assembly on November 24, last year sought to establish a county attorney’s office to advise the county government and represent it in legal matters.

Instead of assenting to the Bill, Dr Kidero referred it to the Assembly for reconsideration and amendments through a memorandum of refusal.

A standoff between the executive and the assembly over the appointment of Gad Owuonda as the holder of the office led Dr Kidero rejecting it.

The Bill stipulates that the appointment of the county attorney shall be done by the governor with the approval of the county assembly.


However, Dr Kidero rejected it by stating that the proposed provision failed to provide space for competition and appointment on merit.

He termed it as unconstitutional.

“I recommend that the proposed law provides a competitive recruitment process and appointment,” said Dr Kidero.

County Assembly Speaker Alex ole Magelo, said there were no crucial issues which were raised to occasion serious amendments to the Bill.

Mr Magelo said there was no merit to the assertion of unconstitutionality as the Bill was passed by the assembly and mirrored the office of the Attorney-General Act, 2012.

According to the Act, the AG is appointed by the president with the approval of National Assembly.