Former Attorney General Paul Kihara is dead

Audio By Vocalize

Former Attorney General and ex-President of the  Court of Appeal Paul Kihara Kariuki has died aged 72.

Chief Justice Martha Koome has eulogised him as a distinguished jurist and judicial reformer who strengthened the institutional foundations of Kenya’s courts.

Koome described Kihara as a dedicated public servant whose life was defined by service to the law, institutional development and efforts to strengthen the country’s justice system.

“It is with profound sadness that I have learnt of the passing of Hon. Justice (Rtd.) Paul Kihara Kariuki, EGH, former Attorney General of the Republic of Kenya and former President of the Court of Appeal,” she said.

The CJ lauded his pioneering leadership as director of the Judicial Training Institute, saying his work helped establish a framework for the professional development of judges and judicial officers and institutionalised judicial education in Kenya.

The former AG’s death brings to a close a legal career spanning decades, during which he served in private practice, judicial administration, the superior courts and the government’s highest legal advisory office.

Born on May 11, 1954, in Kiambu County, Kihara was the son of the late Anglican Bishop Obadiah Kariuki and Lillian Wairimu, the daughter of Senior Chief Koinange.

He attended Nairobi School before enrolling at the University of Nairobi, where he earned a Bachelor of Laws degree in 1977. He later obtained a postgraduate diploma in law from the Kenya School of Law.

Kihara began his career at Hamilton, Harrison and Mathews, where he worked as a legal assistant from 1977 to 1980 before becoming a partner in 1981. He remained at the firm until 1986.

That year, he co-founded Ndungu Njoroge and Kwach Advocates, where he practised until 2000.

He later joined public service as principal and chief executive officer of the Kenya School of Law before his appointment to the Judiciary.

In October 2003, the late President Mwai Kibaki appointed him a judge of the High Court. His judicial leadership responsibilities expanded in 2006 when he was appointed to head the Integrity Review Committee established by then Chief Justice Evan Gicheru.

In 2009, Kihara was appointed director of the Judicial Training Institute, where he championed judicial capacity-building, professional development and institutional reforms. His work helped shape the  training framework for judges and judicial officers.

He was appointed a judge of the Court of Appeal in 2012 and became its president in 2013, serving until 2018.

During his tenure, he championed reforms aimed at improving the court’s efficiency, accessibility and administration of justice. He also contributed to the development of proposals that informed the Court of Appeal Bill and the court’s strategic plan.

During his tenure as AG, Kihara was at the centre of several landmark legal battles involving the Kenyan government.

He led the state's defence of the controversial Building Bridges Initiative (BBI), which was ultimately declared unconstitutional by the Supreme Court in March 2022.

His office also defended the creation of Chief Administrative Secretary positions and President Uhuru Kenyatta's refusal to appoint 41 judges recommended by the Judicial Service Commission.

Internationally, he handled Kenya's position on ICC cooperation requests and the maritime boundary dispute with Somalia at the International Court of Justice.

In April 2018, he was sworn in as Kenya’s seventh Attorney General after being nominated by former President Uhuru Kenyatta in February that year. He succeeded Prof Githu Muigai and served as the government’s principal legal adviser until 2022.

The former Attorney General also maintained close ties with the legal and religious communities. He served as honorary legal adviser to the Anglican Church of Kenya and belonged to several professional organisations, including the Law Society of Kenya, the Commonwealth Lawyers Association and the International Bar Association.

President William Ruto has mourned him as an accomplished jurist whose contribution to Kenya’s legal and judicial institutions will remain indelible.

“Justice Kihara was a consummate legal mind, whose exemplary service, integrity and unwavering commitment to justice left an indelible mark on our nation,” he said.

He recalled his service as the founding Director of the Judiciary Training Institute, where he helped shape the professional development of judicial officers.

“His immense contribution to strengthening Kenya’s legal and judicial institutions, helped shape generations of judicial officers and advance the administration of justice,” President Ruto said.

Ruto said Justice Kihara distinguished himself through decades of dedicated public service, integrity and commitment to the rule of law, playing a pivotal role in strengthening the country’s justice system.

“His legacy of public service, professionalism and dedication to the rule of law will endure,” he added.