DEPARTMENT OF JUSTICE

The Department of Justice (DOJ) carries out the functions that formerly belonged to the former Ministry of Justice, National Cohesion and Constitutional Affairs

 

DOJ is composed of three (3) key Divisions, namely:-

 

  1. Legal Affairs- Division of Legal Affairs – Office of the Attorney General and Department of Justice (statelaw.go.ke)
  2. National Anti-Corruption Campaign Steering Committee- National Anti -Corruption Campaign Steering Committee – Office of the Attorney General and Department of Justice (statelaw.go.ke)
  3. Governance, Justice, Law and Order Sector – Sector Co-ordination Division- Governance, Justice, Law and Order Sector – Office of the Attorney General and Department of Justice (statelaw.go.ke)

 

MANDATE OF LEGAL AFFAIRS DIVISION

The Legal Affairs Division headed by Director, Legal Affairs and the overall head is the Secretary, Justice and Constitutional Affairs assisted by sixteen (16) state counsels of various cadres ranging from Senior Deputy Solicitor General to Senior State Counsel as well as various support units.

 

The Department is sub divided into three sections namely.

  • Human Rights and Legal Education Section

 

Key Objectives: Fulfillment of Human Rights and Fundamental Freedoms and Enhanced Access to Quality Legal Education

The mandate of this section is to;

  1. Establish a comprehensive policy framework for human rights;
  2. Ensure state compliance with human rights obligations;
  3. Present and Defend State Reports before International and Regional Human Rights Bodies;
  4. Disseminate Concluding Observations from Human Rights Treaty Bodies;
  5. Develop a policy framework for legal education and training in Kenya;
  6. Provide Legal opinions on Human Rights Obligations;
  7. Facilitate the Ratification of international and regional instruments on Human Rights;

 

 

  • Constitutional Implementation, Democracy and Good Governance Section

 

Key Objectives: Effective Implementation of the Constitution and Reform of Electoral and Political Processes  

The mandate of this section is to;

  1. Co-ordinate and Facilitate Constitutional Implementation;
  2. Conduct continuous civic education on the constitution to enhance constitutionalism in Kenya;
  3. Give policy directions on the Implementation of the Constitution;
  4. Co-ordinate the Victim Reparation Framework in Kenya;
  5. Review legislation for free and fair elections including but not limited to the Political Parties Act and the Elections Act;
  6. Provide Legal Opinions on the Constitution;

 

  • Anti-Corruption, Ethics and Integrity Section

Key Objective: Strengthened Legislative and Policy Framework for the Fight against Corruption 

The mandate of this section is to;

  1. Strengthen the legal, policy and institutional framework for anti-corruption, ethics and integrity;
  2. Evaluate the impact of anti-corruption measures;
  3. Enhance the consideration and implementation of reports of anti-corruption agencies;
  4. Develop National Ethics and Anti-Corruption Policies;
  5. Facilitate Implementation of the Recommendations of Reports by Commissions of Inquiry and Task Forces on Issues of Corruption, Economic Crime, Ethics and Integrity;
  6. Review of the implementation of the United Nations Convention against Corruption (UNCAC) and the African Union Convention against Corruption; and,
  7. Facilitate the Ratification of international and regional anti-corruption instruments.

 

Section 5 of Attorney General Act further highlights the mandate of the Legal Affairs Directorate to include:

  1. Advise Government Ministries, Departments, Constitutional Commissions and State Corporations on legislative and other legal matters;
  2. Advise the Government on all matters relating to the Constitution, international law, human rights, consumer protection and legal aid;
  3. Coordinate reporting obligations to international human rights treaty bodies to which Kenya is a member or on any matter which member States are required to report; in consultation with the Law Society of Kenya; and,
  4. Advise the Government on the regulation of the legal profession.