Pursuant to the Office of the County Attorney Act, 2020, the Office of the County Attorney was elevated to the level of a department. It shelters fundamental duties including but not limited to offering legal advice to the County Government, preparing and reviewing proposed legislations and policies to ensure they conform to Constitutional requirements and are in tandem with the Law
A key function of the Office of the County Attorney is to represent the County Government in civil disputes and matters of public interest. Considering that the County Government is a new creature of the Constitution, a recognised unit of governance, it is expected that the legal risk will be high during the infancy stages of the County Government. We experienced a rise in litigation in the first couple of years of devolution owing to resistance to change or lack of clarity in the functions being undertaken by the County Government. Since 2014, we have handled about 400 civil cases.
A key function of the Office of the County Attorney is to represent the County Government in civil disputes and matters of public interest.
We have enhanced many legislations in the county and dispure resolutions mechanisms.
We are proud to report that we have a success rate of 80% of cases that we have handled directly or indirectly through external counsel. Of prime importance is the number of cases concerning community land or public land which we have managed to recover,
leading to the initiation and conclusion of public utility projects and the establishment of settlement schemes which benefit thousands of residents of Kilifi County. We have managed to have over fifty cases dismissed for want of a reasonable cause of action.
Our primary focus in the coming years is to adopt alternative dispute resolution as a mechanism for resolving disputes pertaining to land particularly where cases have dragged in court for decades of years without a peaceful and amicable solution.