The Directorate carries out the functions entrusted
with the Attorney General by Article 119 (4) (C) of
the Constitution. It represents the Government and
certain institutions in courts or another legal proceedings
to which Government is a party. It advises the Attorney
General on all matters related to litigation.
The Directorate which is headed by a Director is comprised
of three Commissioners:
The Directorate has 5 Principal State Attorneys, 9 Senior
State Attorneys, 7 State Attorneys and relevant staff.
Although
most of the posts in the Directorate are filled, the
promulgation of the 1995 Constitution and the establishment
of the Constitutional court has increased, the Directorates
work load as a chain of the Constitutional cases continue
to be filled and the Attorney General is a party to
all of them. Since the enactment of the Constitution
to date about 30 Constitutional Cases have been filed
in the Constitutional Court.
Mandate of the Directorate:
Receives
and handles Statutory Notices of Intention to
sue Government and other institutions in which
the Government has interest. It issues Notices
of Intention to sue on behalf of Government. In
1999 alone, the department handled about 406 Notices.
Seeks
instructions from relevant ministries, departments
or other government instructions which are allied
to have committed the act of which the intended
suit arises.
Accepts
service of pleadings and determines the course
of action to take. In 1999, the Department was
served with about 210 applications and plaints.
Handles
applications and suits in which Government has
an interest. Last year (1999) alone, the Department
handled conclusively about 70 cases and applications.
Negotiates
out of court settlements where necessary. In the
year ending December 1999, the Department settled
amicably about 30 cases.