The functions of this Division are primarily drawn from Article 156 of the Constitution which designates the Attorney-General as the principal legal adviser to the Government. This includes the provision of legislative drafting services to the Government. The role is more specifically stated in section 5 (1) of the Office of the Attorney-General Act, 2012 (No. 49 of 2012), which enumerates the functions of the Office of the Attorney–General as including-
“(c) drafting legislative drafting proposals for the Government and advising the Government and its agencies on legislative and other legal matters.”
This mandate is executed through the Legislative Drafting Division of the Office of the Attorney-General.
Role in Relation to Counties
The role of the Department in relation to county governments is limited by section 5 of the County Governments Act, 2012 (No. 17 of 2012) which provides that in the development or reform of county legislation, county governments may seek assistance from the Kenya Law Reform Commission. Nonetheless, as the principal legal adviser to the Government, this office retains a residual oversight role over the legislative activities of county governments and has continued to provide guidance to county governments by facilitating the development of model laws for adoption by county governments. It also provides legal advice (mainly on legislative matters) that were requested by any county government.