The Kenya Law Reform Commission (KLRC) wants the Constitution amended to enable counties to establish attorney’s office.
KLRC Chief Executive Officer Joash Dache said the position of county attorney was omitted under the County Government Act.
Dache said counties urgently need full-fledged legal departments headed by the county attorneys.
He said the attorney will also be the principal legal adviser to the county government and will be expected to perform any function conferred on the office by an Act of the assembly or by the governor.
Speaking on Monday during Revision of County Model Laws in Kisumu, Dache said the move will enhance formulation of proper county laws.
He disclosed that already there is a Bill in the Senate to expedite the establishment of the county attorney’s office.
The Bill was introduced by Kenya’s former Attorney General and Busia Senator Amos Wako.
“Those who qualify must be advocates of the High Court with five or ten years’ experience,” Dache said.
Dache said attorney office will be expected to represent the county government in court and all other legal proceedings.
He said that the departments should then be upgraded to the level of a cabinet secretary so that they sit in the cabinet meetings to give legal advices.
KLRC vice chair Doreen Muthaura urged county governments that apart from issuing executive orders, they also need to come up with county coordination bills to separate powers with clear specification on the roles of each and every unit of the executive to avoid conflict of roles.