The High Court has been told that former Attorney General Justin Muturi resigned from office voluntarily. 

In submissions made before Justice Lawrence Mugambi on Tuesday, May 13, 2025, the government presented a resignation letter dated July 11, 2024, signed by Muturi and addressed to President William Ruto. 

The letter was submitted as part of an affidavit by Arthur Osiya, Principal Administrative Secretary in the Executive Office of the President. 

“The letter is signed by the Honourable Justin Muturi, dated July 11, 2024, addressed to His Excellency the President, and was received on the same day,” said State Counsel Emmanuel Bitta, representing the government. 

The government made the revelation during a hearing of a petition filed by seven citizens led by Nakuru-based physician Dr Magare Gikenyi, who are challenging the legality of Muturi’s removal from office.  

Acted outside law 

The petitioners argue that the President acted outside the law in declaring that he had “fired” the Attorney General without due process. 

According to the Constitution, the Attorney General is an independent office holder whose removal must follow clear legal grounds, including gross misconduct, incompetence, or violation of the Constitution. The petitioners cite Articles 47, 236, 248, and 249 in support of their case. 

Following Muturi’s departure, President Ruto nominated Dorcas Agik Oduor as the new Attorney General in a letter dated July 30, 2024. The position was declared vacant via a gazette notice. 

 The petitioners argue that the contradictory narratives from the President and the Executive Office have created legal uncertainty. 

Muturi has repeatedly criticised the administration for failing to address enforced disappearances and extrajudicial killings. 

His criticism intensified following the abduction of his son, Lesly, who was later released after Muturi personally sought Ruto’s intervention. 

Their strained relationship has led Muturi to distance himself from the government, with the Public Service CS revealing that he had written to the President requesting to be excused from attending Cabinet meetings until the issue of extrajudicial killings and abductions is addressed—either in Parliament or at the Cabinet level. 

So far, Muturi has skipped at least three consecutive Cabinet meetings, further signalling the deepening fallout with the President. 

They warn that the absence of a clear, constitutional process in handling the office of the Attorney General could expose the government to institutional and legal vulnerabilities.  

 The petitioners insist that President Ruto must follow the constitutional provisions for the removal of the holder of the office of the Attorney General.