Office of the County Attorney Act

This Act may be cited as the Office of the County Attorney Act.

Defines the terms Attorney-General, County Attorney, County Legal Counsel, County Solicitor, and Office for the Act.

This Act applies to the County Attorney, the County Solicitor, County Legal Counsel and other officers who perform or discharge legal functions or duties assigned in the Office.

Certain county legal officers (the County Attorney, County Solicitor, County Legal Counsel and other officers in the Office) are protected from personal liability: no criminal proceeding or civil suit shall be brought against them for proceedings in court or while discharging the functions of the County Attorney under this Act.

The County Attorney, the County Solicitor and County Legal Counsel must not engage in any other gainful employment that may result in a conflict of interest.

The County Attorney may resign from office by submitting a written resignation addressed to the Governor.

Removal from office for serious violation of the Constitution or any other law.

The County Attorney may delegate, in writing, to the County Solicitor or any County Legal Counsel any powers or functions under written law (except the power to delegate); such delegations may be revoked at will and do not prevent the County Attorney from exercising those powers or functions. Delegated powers may be exercised by the County Solicitor or County Legal Counsel in accordance with the instrument of delegation.

County Legal Counsel must be officers of the Office and answerable to the County Attorney; the County Attorney has power to direct County Legal Counsel on performing legal functions.

Departments or public entities within a county executive cannot hire consultants to perform legal services related to the County Attorney's functions without written approval from the County Executive Committee; requests to engage such consultants must be in writing, and approvals by the committee must be in writing.

Each county has an Office of the County Attorney; the County Attorney may, in consultation with the county public service board, determine additional County Legal Counsel as necessary.

The County Attorney is appointed by the Governor with the approval of the county assembly and must meet specified qualifications and take the oath before assuming office.

The County Attorney must hold office for a term of six years and must have the status and rank of a member of the county executive committee.

The County Attorney Section is the principal legal adviser to the county government.

The County Attorney has powers to appear in proceedings, require and summon county public service officers for legal inquiries or litigation, issue directions to legal officers, establish administrative units (in consultation with the county public service board), and perform other administrative actions for the Office.

County Attorney may appear or be joined in proceedings involving public interest, public property or county executive departments; must notify and satisfy the court and comply with directions; may file a certificate to be joined where no right of audience exists and courts may enjoin the County Attorney on receipt of that certificate.

There shall be a County Solicitor competitively recruited and appointed by the county public service board; the County Solicitor must have at least five years' experience as an Advocate of the High Court of Kenya and meet Chapter Six requirements; the County Solicitor is the principal assistant to the County Attorney in executing the County Attorney's functions.

The county public service board shall, in consultation with the County Attorney, appoint County Legal Counsel as necessary; subsection (2) sets qualification requirements; subsection (3) prevents unqualified officers from being entitled to perform legal functions.

The County Attorney, County Solicitor and County Legal Counsel appointed under this Act must serve on terms determined by the county public service board in consultation with the Salaries and Remuneration Commission.

County legal officers appointed under section 18 must subscribe to and observe the Code of Conduct in the Second Schedule; the Attorney-General may amend that Schedule by Gazette notice; a County Legal Counsel who breaches the Code of Ethics is liable to disciplinary action.

The Office may second County Legal Counsel to county agencies on agreed terms; seconded counsel are treated as employees of the host agency, receive the same benefits, and must comply with that agency's orders in the same manner as directly recruited employees.

County Attorney may procure services and, in consultation with the county public service board, determine necessary staff; appointing bodies must ensure staff composition reflects gender equity and considers persons with disabilities.

Officers or staff of the Office must not disclose or use information obtained during their official duties without the authority of the County Attorney.

The Office must act as the depository for all County laws, legal documents and agreements signed for or on behalf of the county executive.

The County Attorney is entitled to access people, records, documents and property related to civil or criminal cases.

The County Government must provide adequate facilities for the efficient functioning of the Office.

The Office's funds consist of allocations by the County Assembly, monies or assets accruing from the Office's powers and functions under the Act, and monies from other sources; those funds must be used for the Office's administrative expenses and other purposes necessary to discharge its functions.

The County Attorney must prepare and furnish an annual report of the Office to the Governor after 30 June each year and submit a copy to the Clerk for tabling within 15 days after the Governor receives it.

The Attorney-General may make regulations, not inconsistent with the Act, to prescribe matters necessary or convenient to carry out or give effect to the Act.

If there is any inconsistency between this Act and legislation enacted by a County Assembly under Article 191(3)(b) of the Constitution, this Act prevails.

Persons employed by the county public service board to perform the functions of County Attorney, County Solicitor or County Legal Counsel at commencement will continue in office only if they meet the Act's qualifications; if they do not meet the qualifications the county public service board must redeploy them to the highest vacant position for which they qualify.