Justin Muturi resigned, not fired as Ruto claimed, court says

It is now emerging that President William Ruto lied about sacking former Attorney General Justin Muturi over alleged incompetence.

While Ruto told the country he had “fired” Muturi, new revelations in court documents filed by the government suggest that Muturi, in fact, resigned voluntarily as the country’s chief legal adviser.

The revelation emerged on Tuesday before the High Court during the hearing of a lawsuit filed by a group of concerned citizens challenging the legality of the  “dismissal.”

And now, the group is seeking to have it declared null and void on the grounds that the President misled the nation and violated the Constitution.

At the centre of the case is an affidavit sworn by the Principal Administrative Secretary in the Executive Office of the President, Arthur Amug Osiya.

He attached a resignation letter signed by Muturi and addressed to President Ruto, dated July 11, 2024.

The letter, presented before Milimani High Court Judge Lawrence Mugambi, shows it was received and stamped by the Office of the President on the same day.

This revelation contradicts the President's earlier public assertion that Muturi had been dismissed.

“You will notice that that is a resignation letter, signed by the Honourable Justin Muturi, dated July 11, 2024, addressed to His Excellency the President, and received on the same day, confirming that former Justin Muturi tendered his resignation willingly,” said State Counsel Emmanuel Bitta, representing the government.

The affidavit also references supporting documentation from the Clerk of the National Assembly and gazette notices referring to a vacancy at the State Law Office, none of which mention a dismissal or termination by presidential order.

“You will notice from two affidavits of the National Assembly clerk that Muturi, when he appeared before the vetting committee at Parliament, confirmed his resignation,” Bitta added.

The state counsel told the judge that Muturi’s resignation was formally acknowledged by President Ruto and, therefore, legal.

“I will only reiterate the contents of Article 145 of the Constitution: that all decisions of the executive are in writing. You cannot use oral evidence to rebut documented evidence,” Bitta told the court.

He further argued that the resignation letter has not been disputed by Muturi, the President, or any other government official familiar with the matter.

The court also heard that after Muturi resigned, President Ruto nominated him as Cabinet Secretary for the Ministry of Public Service.

The National Assembly, through its clerk Jeremiah Ndombi, confirmed the resignation, stating that during vetting, Muturi told the committee he stepped down to assist the President in reorganising his Cabinet in accordance with the law.

Ndombi said the committee tabled its report on August 7, 2024, recommending Muturi’s approval for appointment as Cabinet Secretary.

On the same day, the Speaker, Moses Wetangula, forwarded Muturi’s name to the President for appointment under Article 152(2) of the Constitution.

By a letter dated July 30, 2024, the President submitted the name of Hon. Dorcas Agik Odhong Oduor to the Speaker for approval as the new Attorney General.

Muturi’s exit as Attorney General followed weeks of youth-led anti-government protests demanding transparency, accountability, and sweeping reforms in public governance.

On July 11, in what was widely seen as a response to public pressure, President Ruto announced he was letting go of his entire Cabinet, including the Attorney General, citing public dissatisfaction, poor performance, and the need for a clean slate after weeks of nationwide youth protests.

“I have today dissolved my Cabinet, including the Attorney General, to give this country a fresh start,” Ruto said.

Soon after, a group of seven petitioners led by Nakuru-based doctor and activist Dr. Magare Gikenyi filed a case in court challenging the constitutionality of Muturi’s removal.

In their petition, the group argues that the President’s decision was “illegal, irregular, and unconstitutional,” citing Articles 47, 236, 248, and 249 of the Constitution.

According to the petitioners, the President violated the law by failing to follow the necessary procedures for the removal of an Attorney General, who occupies an independent constitutional office.

“The President has no powers to dismiss the Honourable Attorney General without adhering to the said statutory conditions within the principle of fair hearing as established in Article 47,” the petition reads.

The petitioners insist that Muturi’s removal, whether framed as a dismissal or a resignation, was not processed through appropriate constitutional and statutory procedures.

They warn that the vacancy at the helm of the State Law Office could expose the government to significant legal and institutional risks.

“The absence of a substantive occupant at the apex seat of the State Law Office exposes the government to potential defeats in court cases that require the counsel of the Attorney General,” they argue.

Complicating matters further, President Ruto, during an April 1, 2025, interview with vernacular radio stations in the Mt Kenya region, again stated publicly that he fired Muturi for incompetence.

According to Ruto, Muturi told him he was not fit to serve as Attorney General, as he was out of practice in legal matters. 

The President said he gave Muturi another chance in a different docket due to their longstanding friendship.