International Law Division - Office of the Attorney General and Department of Justice

Overview of Functions

II. Law relating to the United Nations and other International bodies and Regional bodies.

Providing legal advice to the Government on the activities of bodies and organizations that require submission of a country position including the United Nations, African Union, East African Community, among others.

III. International Disputes Settlement

Representing the state and facilitating settlement of international disputes such as international investment and commercial arbitrations, maritime and boundary disputes, trade-related disputes and any other proceedings before international dispute settlement forums.

IV. International Trade and Investment law.

Providing advice to Government Ministries Department and Agencies on compliance with international trade obligations.
Negotiating multilateral (under the aegis of WTO), bilateral and regional trade agreements in conjunction with other relevant government ministries and agencies.
Negotiating bilateral investment treaties and double taxation treaties in conjunction with other relevant Ministries and Government agencies.

V. International Judicial Cooperation arrangements.

Providing legal advice and coordinating matters of International Judicial Cooperation including handling and processing of all formal requests on mutual legal assistance, transfers of prisoners and extradition as the central authority.

VI. International Humanitarian Law

The division convenes the National Committee for the Implementation of IHL with the Chairperson being the Solicitor-General while the ministry of Defence, Foreign Affairs, Sports culture and Arts , Inspector General of police Service, Commissioner General of Prisons and a representative of the head International Committee of the Red Cross are members.

VII. Intellectual Property Laws

The division works closely with the Kenya Copyright Board (KECOBO) on the administration and enforcement of copyright and related rights.

The division also provides interpretation of Intellectual property, treaties and domestic laws and regulations.

VIII. Aviation

The division assists in the negotiation and provides legal opinions on air service agreements between the GOK and other states.
The division also provides interpretation of international air laws, treaties and domestic laws and regulations to MDA’s.

IX. Law of the Sea and Maritime Matters.

The division provides legal guidance to Government Agencies in regard to Kenya’s obligations arising from the UNCLOS ( The UN convention on law of the sea), the mandatory/voluntary Conventions of the IMO( International Maritime Organization) and any other enabling maritime legislation.

X. International Environmental Law.

The division works closely with the Environmental Protection Agencies on environmental policy.
The division also provides interpretation of environmental law, treaties and domestic laws and regulations to MDA’s.

XI. Security Matters.

The division Advises on the development and implementation of defence cooperation agreements and security pacts with foreign Governments.
The division liaises with MDAs in the implementation of the regional and international policies and instruments that touch on security aspects.
The office of the attorney General through the ILD division is a stakeholder in the national counterterrorism centre which oversees coordination of anti-terrorism activities and programs. It is also a stakeholder in the border control and operations coordination committee which was established to enhance border efficiency and inter-agency coordination in border management.

XII. Other core Functions

Representing the Hon. Attorney General in any Board, Committee, Commission or Taskforce established to carry out any functions within the mandated areas of the division.
Negotiating, drafting, vetting and providing legal advice on local, regional and international documents, contracts, agreements and treaties for and on behalf of MDAs.
Representing the Government in international initiatives and ongoing working groups which have an impact on domestic law, such as the UNCITRAL (United Nations Commission on International Trade Law) Working Groups.

The International Law Division is designated as the Registry of Treaties under the Treaty Making and Ratification Act.

The Division is responsible for negotiating, drafting, vetting and undertaking interpretation of international documents, contracts, agreements and treaties for and on behalf of Government Ministries, Departments and State Corporations.

The Division renders legal advice on all international and regional law matters to Government Ministries, Departments and Agencies (MDAs).

MISSION: Provide excellent, timely, and impartial legal services on international law matters for and on behalf of the Government of Kenya through provision of efficient, effective and sound advice.

The Division is tasked with diverse range of matters including but not limited to:

Treaty Making and Implementation;
International trade and Investment law;
International Humanitarian Law;
International Dispute Settlement;
International Environmental Law;
Intellectual Property Law;
Aviation matters;
International Judicial Cooperation Arrangements;
Law of the Sea and maritime matters;
Law relating to the United Nations and other International and Regional bodies; and,
Security Matters.
SERVICE PROVISION

In the discharge of its mandate, the Division:
1. Provides legal advice to Ministries, Departments and Agencies on Bilateral, Regional and International law matters upon receipt of all information and documentation;
2. Provides legal advice on the Implementation of Treaties and Conventions to which Kenya is a Party to;
3. Provides legal advice and coordinate in matters on Judicial cooperation and international criminal justice;
4. Represents the Republic of Kenya in international arbitration and litigation matters;
5. Represents the Office of the Attorney General and Department of Justice in multinational, regional and international conferences and workshops as requested by MDA’s;
6. Participates in the negotiation and ratification process of regional and international legal instrument; and,
7. Monitors the implementation of Treaties ratified by Kenya and coordinating the reporting obligations to international and regional Treaty bodies to which Kenya is a member.