District attorneys in the 47 decentralized units have welcomed the adoption of the Office’s 2020 District Attorney Act, which aims to improve service delivery.
While welcoming the decree, attorneys said the law upgraded the district attorney’s office to the district executive committee and made it a full-fledged district office, giving it more independence in performing duties.
Bibi Fondo spoke at a Malindi hotel during a retreat by the District Attorney, the chairman of the District Attorney’s Forum. He said the office worked under extreme difficulty because it was not legally recognized.
She thanked Senator Amos Wako for the idea of an office equivalent to that of the District Attorney General and Senator Samson Cherargei for pioneering the law in July this year.
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The law was passed in July 2020 and was approved by President Uhuru Kenyatta later that month.
Fondo, who is also the Kilifi District Attorney, urged the district’s governors to speed up the implementation of the law by moving district attorneys to the offices so they have resources to help them do their jobs more effectively.
“Section 6 of the law states that the person who has served in the functions of a district legal officer should enter the office freely as long as they are qualified to practice law for five years,” she said.
Noting that prosecutors play a vital role in implementing the Constitution’s Fourth Timetable in drafting laws for the county governments; She said it is important that all district governments recognize this office.
She said the district government no longer needs to hire private lawyers to represent them in lawsuits because the district attorney’s office will have sufficient human and financial resources to fully represent the decentralized administrations.
Fondo also noted that the main challenges facing the district law enforcement officers were issues of prosecuting the district and drafting contracts, which she said had sparked lawsuits against district governments.
Deputy Chairman Caleb Nyamwange said he did not expect any challenges in the implementation of the new law by the district governments as most of the clauses are self-executing.