kennedy ogeto biography

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The Solicitor General

The Solicitor General – Hon. Shadrack J. Mose

Hon. Shadrack J. Mose is the new Solicitor General of the Republic of Kenya. He was sworn in on Monday January, 20, 2023 at State House, Nairobi. H.E President William S. Ruto and the Hon. Attorney General Justin B. Muturi witnessed the swearing in ceremony. He takes over from Mr. Kennedy Ogeto.

Education Background Hon. Shadrack J Mose was born in Kitutu Masaba in Nyamira County. He joined Nyamagwa High School from 1981 to 1984 for his Kenya Certificate of Secondary Education (KCSE), then proceeded to Gusii Highlights High school for his Kenya Advanced Certificate of Education (KACE) and completed in 1987. He then joined the University of Nairobi in 1988 and pursued a Bachelor of Laws (LLB) degree and graduated in 1991 (Hons). Immediately after, he enrolled for a Post Graduate Diploma in Law at the Kenya School of Law and graduated in 1992.

Employment History Hon. Shadrack Mose is an Advocate of the High Court of Kenya with over twenty- nine years of experience in legal practice. He worked as an Associate Advocate with Esmail & Esmail Advocates from 1994 to 1995 and later joined Mose and Mose Advocates from 1996 to 2007 as a partner. From 2007 to date, Hon. Mose worked as a senior partner at Mose and Milimo Advocates. He is also the Managing Partner at M/s Mose, Mose and Mose Advocates. He has immense experience in complex commercial litigation encompassing: tax law; banking law; insurance law; constitutional law; conveyancing; criminal law; employment law; and public international law. Over the years, he actively engaged in pro bono briefs for many Kenyans in various matters. From 2017 to 2022, he served as a Member of the National Assembly for Kitutu Masaba Constituency. In this capacity, he served as a member of the House Business Committee and the Departmental Committee on Transport, Infrastructure, Public Works, Housing, Urban Development, Shipping and Maritime. He also served as the acting chairperson of the committee on several occasions. Hon. Shadrack Mose also performed oversight roles in over ten State Corporations including: 1. Kenya Ports Authority; 2. Kenya Airports Authority; 3. Kenya Urban Roads Authority; 4. Kenya Rural Roads Authority; 5. National Housing Corporation; and 6. Kenya Railways Corporation among others.

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Kennedy Ogeto: Former Solicitor General appointed Ruto's legal adviser

Former Solicitor-General Kennedy Ogeto who was appointed last week as the Legal Adviser to President William Ruto last week at a past event on April 12, 2022. PHOTO | FRANCIS NDERITU | NMG

By  JAMES KAHONGEH

For a man who wanted to become a matatu driver when he was growing up, Kennedy Ogeto probably counts himself lucky to almost always find himself at the centre of power rather than on the fringes of it.

Appointed last week as the Legal Adviser to President William Ruto, the former Solicitor-General became one of the few individuals thought to have been in the Inner Circle of former President Uhuru Kenyatta to get a similar role in the current administration.

During the Supreme Court hearing of the petition challenging Dr Ruto's victory in the August 2022 election, his name was mentioned as having been among members of the National Security Advisory Committee (NSAC) that allegedly made a controversial visit to then chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati before the results of the presidential election were declared.

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Others on the delegation said to have been on the delegation were former Principal Administrative Secretary at the Office of the President Kennedy Kihara, former Inspector General of Police Hillary Mutyambai and Lt Gen Francis Ogolla, the Vice-Chief of Defence.

The Supreme Court did not find any wrongdoing on the part of the NSAC members.

Mr Ogeto was also part of the Assumption of Office Committee that oversaw the smooth power handover to Dr Ruto by his predecessor.

If the University of Nairobi-trained lawyer was a trusted confidante of former President Kenyatta, he has earned the same favour with his successor.

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With 26-year legal expertise, he is arguably one of the country’s top lawyers and has handled cases on behalf of powerful people in government and even the government itself.

“I would run away from school and [my mother] would take me back. She never caned me. This gave me time to reflect,” Mr Ogeto told a parliamentary committee when he was being vetted for the role five years ago.

Some of these notable cases he has handled include the petition against the Building Bridges Initiative (BBI) in 2020 where he represented the government.

He also represented former President Kenyatta at the International Criminal Court (ICC) in The Hague where his client had been sued for crimes against humanity related to the electoral violence of 2007/208.

Mr Ogeto studied for both his undergraduate and Master's degrees in law at the University of Nairobi. He also holds a diploma in Legal Practice from the Kenya School of Law.

His experience transcends national boundaries, having represented different international entities in different disputes.

His law firm, Ogeto, Otachi and Company Advocates, where he was previously a managing partner, specialises in international and municipal law.

Mr Ogeto was the lead defence counsel for Rwanda at the United Nations International Criminal Tribunal for Rwanda in Arusha, Tanzania.

He was also the co-lead defence counsel for a former Revolutionary United Front (RUF) commander at the United Nations Special Court for Sierra Leone.

In July 2020, he was a member of top Kenyan attorneys who represented Kenya in a suit by WalAm Energy Inc. at the International Centre for Settlement of Investment Disputes (ICSID), which the government won.

WaIAM had sued the government for cancelling its geothermal resources licence issued in 2007 by then Energy Minister Kiraitu Murungi.

The licence had given the US-Canadian company exclusive rights to explore, drill for, extract, produce and dispose of geothermal steam and other geothermal resources in Suswa for 30 years.

The win saved Kenya Sh37 billion in compensation that WalAM Energy Inc. had sought as damages.

The government had revoked the licence in 2012 after WalAm Energy Inc., arguing the company lacked the capacity to carry out the exploration and exploitation work.

Upon his appointment as Solicitor-General in 2018 to replace Njee Muturi, he smoothly sailed through parliamentary vetting.

During the vetting, then National Assembly Majority Leader Aden Duale described Mr Ogeto as a “refined, decent and seasoned” lawyer.

“I know him personally, both in public and in private. [He] will turn the State Law Office into an effective and efficient institution. Of late, the government has been losing cases. Mr Ken Ogeto must fix that problem,” Mr Duale said.

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Working at the State Law Office, while exciting, had its fair share of challenges for Mr Ogeto and other lawyers. In 2020, he admitted to some of the difficulties the officers face while representing the government in legal matters in and outside court.

“This office has faced challenges on account of inadequate facilitation. There is a lack of office equipment such as computers and printers. State counsels across the regions [experience] logistical challenges on court attendance,” he said.

He revealed at the time that the government was being sued in 3,000 cases every year.

As of 2019, the government was liable for payments of about Sh800 billion in fines, compensation and claims awarded by the courts against it. These included awards to victims of torture and business litigants.

“As the government’s principal lawyer, we are tasked with a great burden. One that needs considerable resources to undertake. Inadequate equipment has been posing a serious threat to our efficiency and effectiveness,” he said.

There have also been controversies during his time in public service. At the height of the Covid-19 pandemic, Mr Ogeto was thrust into the limelight by intra-governmental differences surrounding the formation of the Emergency Response Fund (ERF).

Then President Kenyatta had established the body to mobilise funds for emergency response against the contagion.

While the Treasury believed the ERF was a public entity, the State Law Office considered it a private entity.

“We have been advised that the appointment of the members of the board was not intended to, and was, consequently, never effected as per the provisions of legal notice No 38 of 2020,” Mr Ogeto told the parliamentary Public Accounts Committee.

Chaired by East African Breweries Limited (EABL) chief executive Jane Karuku, the Kenya Covid-19 Emergency Fund Limited had been registered under the Companies Act as a company limited, with the mandate to manage funds raised by the board.

Part of this money, about Sh338 million, had been received from the Treasury.

“This, therefore, means that the money raised and held by the board cannot be deemed to have been collected by a national government entity or under statutory authority,” Mr Ogeto argued.

In his eventful public service, he has had to sidestep threats to his career, with the year 2020 being particularly turbulent for him.

The Law Society of Kenya (LSK) had threatened to expel him and then-Attorney General Kihara Kariuki from the roll of advocates for ‘‘personal liability’’ for alleged failure to advise the President to swear in 41 judges that had been cleared by the Judicial Service Commission (JSC).

The long-running dispute had pitted the Judiciary and the Executive. As soon as Dr Ruto was sworn into office, the judges were sworn in.

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President Ruto appoint Shadrack Mose as Solicitor General after approval to succeed Ogeto

President William Ruto signing an Executive Order appointing four Court of Appeal Judges and another for two Environment and Land Court judges, State House, Nairobi.

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President William Ruto today has appointed Shadrack John Mose as the Solicitor General to succeed his predecessor and outgoing immediate former SG Kennedy Ogeto.

This follows his vetting by the National Assembly Departmental Committee on Justice and Legal Affairs (JLAC) last month.

“In exercise of the powers conferred by Section (9) of the Office of the Attorney General Act 2012, I William Samoei Ruto, President and Commander-in-Chief of the Armed Forces appoint Shadrack John Mose to be the Solicitor General of the Republic of Kenya,” President Ruto said.

President Ruto nominated the former Kitutu Masaba MP for the post on February 13 to replace Kennedy Ogeto, who was appointed by retired President Uhuru Kenyatta in March 2018.

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Shadrack Mose sworn in as Solicitor General

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Former Solicitor-General Ken Ogeto Lands Plum Job In Ruto Government

President William Ruto on Thursday March 23 appointed former Solicitor General Kennedy Ogeto as the legal affairs advisor to the President.

The Head of State also appointed ex-Controller of Budget Agnes Odhiambo as the head of Government Delivery Services and Kansa Nzai Munyika as Dr Ruto’s Political Affairs advisor.

According to State House Chief of Staff Felix Koskei, the new appointees are part of President Ruto’s plan to enhance service delivery to Kenyans

“As the implementation of the administration’s Bottom-Up Economic Transformation Agenda (BETA) continues apace, His Excellency the President has amplified the governance and delivery function within the President’s Executive Office.

“The governance and delivery functions will augment the existing institutional framework and aim to promote accountability, transparency, productivity, and openness in the management of public affairs not only within the executive office but also across all State Organs and Agencies,” read the statement in part.

Ogeto served as the Solicitor General during former President Uhuru Kenyatta’s tenure and was succeeded by Shadrack Mose, who took the oath of office on March 20.

During Mose’s swearing in President Ruto revealed that he looked forward to working with Ogeto in other capacities.

“I have worked with him even in this transition period and I have told him that he will move on to other responsibilities that would tap into the experience that he has acquired,” said Ruto.

On the other side, Agnes held the position of board chair for the National Transport and Safety Authority (NTSA) and also served as the first Controller of Budget. She was replaced by Margaret Nyakang’o in 2019.

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My life history: Lawyer Evans Monari's eulogy in his own words

By the late Evans Monari (RIP)

As read by Solicitor General Ken Ogeto

It pains me to admit it, but apparently, I have passed away. Everyone told me it would happen one day but that’s simply not something I wanted to hear, much less experience. For once I didn’t get things my way this time around!

On 20 October, 1962 my parents and the larger Riakumba Village celebrated my birth and I was introduced to all as Evans Nyarong’i Monari, the first born child of George Hudson Monari Ogeto (who left us recently) and Teresa Bosibori Monari. Thereafter, I celebrated the first birthdays of my siblings Ken, Dr. Fronica, Late Lilian, Geoffrey and Dennis.

As a child I attended Nyakongo, Kahawa and St. Georges Primary Schools, which planted the seed that eventually led me to becoming a lawyer. Frankly speaking, I really enjoyed reading comics like Archie, Astrix, Beano etc. Occasionally I would play ‘Hide and Seek’ and was the biggest trader of marbles in the neighborhood.

I proudly started my secondary school education at Parklands but I didn’t like their uniform and soon left for Upperhill School where I spent five years. Indeed, I passed my A-level with flying colours winning the coveted best literature student in Kenya before proceeding to study law at the University of Nairobi. Initially I wanted to study journalism but thanks to my late father who convinced me to study law, something I am forever grateful.

So many things in my life seemed of little significance at the time they happened but then took on a greater importance as I got older. The memories I’m taking with me now are so precious and have more value than all the gold and silver in my jewelry box.

Memories … where do I begin? Let’s for a moment shift our thoughts from the fact that I am gone from earth to another world to one of the many funny, joking, laughing, musical, happy comical times we shared together … and there were many for all us.

For a brief, MY LIFE HISTORY: By Solicitor-General Kennedy Ogeto, CBS. As Narrated by Evans Monari, take a moment to relieve it and smile.

The law class of ’87 where I was the class prefect, was a very successful lot, we even produced the First Lady Chief Justice in Kenya, well done Chief Justice Martha Koome!

I will be writing the names of noise makers from this world. Keep our vision alive and remember ‘when I want your opinion I will give it to you’. Being the cheerleader of ‘The Mean Machine’ was amazing, I fully feel you guys, I hear your song … let’s keep it happy.

I got married to my friend and sweetheart Jacqueline Okindo in a garden wedding at the Great Court, University of Nairobi in 1994. We were blessed with lovely children namely: Cynthia Angel Monari-Childerhouse, Michelle Moraa Monari, Joshua Andrew Monari and Jeremy Monari.

I was the father in law to Thomas Mark Childerhouse and  korera  to Mark and Hellen Childerhouse. Son-in-law to the late Andrew Okindo, Tabitha Moraa and Agnes Moraa. Brother-in-law to Carren Monari, Eng. Amedi Mutuli, Evelyn Monari, Pacifica, Hellen, late Julius, Jane, Prof. Elmelda, Beatrice, late Cecilia, Sixtus, Felix, Roselyne, Gregory, Gratus, Lydia, Wilfridah, Veronica, Edna, Clare, Marcella and Christine.

I was a nephew to Daniel Bosire, Wilkister Nyakang’i, Florence Mosero, Monica Kemunto, Moses Nyambane, Dr. Julius Ogeto, Jane Obonyo and others. Cousin to Robert, late Kepha, Rodgers, late James, Philomena, George (USA), Ronald, Eugene, Roy, Douglas, the Bosires, the Abners, the Obares, the Wakhungus, the Dr. Ogetos, the Mogakas and others. Uncle to Mary, George, Nicole, Stephen, late Peter, Natasha, George, Stephanie, Maria, Rehema, Casey, Hudson, Eric, Sheila, Maureen, Jivone, Lorna, Jayden, Daphne and Braiden. Grandfather to Zahra.

As a young lawyer I did my pupillage at the prestigious Kaplan and Stratton Advocates under the tutelage of the famous Senior Counsel Pheroze Nowrojee before proceeding with my long legal journey at Oraro and Rachier, Simani and Co. Advocates, Mboya Advocates.

At some point, I was a State Counsel before taking on a brief stint at the Museums of Kenya. Later, I partnered with some of my learned friends and formed Sunkuli, Ogetto and Monari Advocates before joining Daly and Figgis as a Partner. I have advised and litigated in countless areas of law that span from commercial, civil, judicial review, constitutional to high-profile criminal briefs.

Among my stand-out achievements were my successful defence of the Government of Kenya in an International Arbitration and the role I played in 2011, as the Lead Defense Counsel at the International Criminal Court in respect of my friend Gen. Hussein Mohammed and later joined the Defence of H.E. Uhuru Kenyatta. I was also part of the legal team that acted for H.E. President Uhuru Kenyatta during the 2017 Presidential Election Petition at the Supreme Court of Kenya.

I served the Law Society of Kenya (LSK) diligently as a Council Member from 2007 to 2010 and also represented the LSK in the National Council for Law Reporting (Kenya Law) between 2009 and 2015, among other capacities. I was also a member of the East Africa Law Society (EALS). I served in several public appointments among them the 2016 Independent Electoral and Boundaries Commission (IEBC) selection panel.

Unknown to many I served as a Board Member of a Dutch NGO known as Friends for Life Foundation that pays fees for poor kids and supports mentorship programmes. My last assignment was as the Senior Disputes & Arbitration Partner at Bowmans Nairobi, Kenya: Coulson Harney LLP, Chairman & Non-Executive Director of Eaagads Ltd. and Chairman & Director of Sax & Violins Lounge, Karen.

I bravely endured a long illness but unfortunately on Monday October 4, 2021 I passed on after being hospitalised at the Nairobi Hospital’s Intensive Care Unit (ICU) where I was battling multiple complications of the internal organs.

I’ve been a devoted son, an energetic teenager, a loving husband, a comforting father, a dedicated lawyer, a true and loyal friend and if you don’t believe it, just ask me. Oh wait, I’m afraid it’s too late for questions. Sorry!

So … I was born; I blinked; and it was over. No buildings named after me; no monuments erected in my honour. However, I did have the chance to know and love each and every friend as well as all my family members. How much more blessed can a person be?

So in the end, remember… do your best, follow your arrow, and make something amazing out of your life.

Oh, and never stop smiling. If you want to, you can look for me in the evening sunset or with the earliest spring daffodils or amongst the flitting and fluttering butterflies.  You know I’ll be there in one form or another. Of course that will probably comfort some while antagonizing others, but you know me … it’s what I do.

I’ll leave you with this … please don’t cry because I’m gone; instead be happy that I was here. (Or maybe you can cry a little bit. After all, I have passed away).

Today I am happy and I am dancing. Probably playing a saxophone too.

Sir Winston Churchill once said, “We make a living by what we get; we make a life by what we give”.

If that is true, then I made a great life.

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As LSK piles pressure, State says no court orders disobeyed

Solicitor-General Kenneth Ogeto addresses the media at Sheria House in Nairobi on September 1, 2020.

By  Ibrahim Oruko

Nation Media Group

What you need to know:

• Solicitor-General Kennedy Ogeto said on Tuesday that the Executive has never disobeyed a court order and that this view results from misinterpretation of facts.

Late last year, Chief Justice David Maraga complained about an increase in cases of disobedience to court orders and warned that it was not only a violation of the Constitution but also a dereliction of public duty.

• The Law Society of Kenya (LSK) has announced it will seek an appointment with Attorney-General Paul Kihara Kariuki to discuss the rampant violation of court orders.

The State Law Office has denied reports of increasing disobedience to court orders, a situation critics say will compromise the rule of the law and the dignity of courts.

Solicitor-General Kennedy Ogeto said on Tuesday that the Executive has never disobeyed a court order and that this view results from a “serious misinterpretation of facts”.

“There is no disobedience of court orders. There has always been an explanation for any action the government has taken,” he said.

OTIENO: JSC the weakest link in Uhuru, Judiciary ties

I’m going nowhere, CJ tells Kenyans

“Courts are temples of justice and places of refuge for those seeking protection. They must never be despoiled either through acts of physical transgressions or blatant disregard of their pronouncements,” Mr Maraga said.

The CJ noted worrying developments in the administration of justice that he said were threatening the rule of law.

“The recent disregard of court orders is an act that is not only inimical to the rule of law but is also completely at odds with Kenya's constitutional outlook,” he added.

Meanwhile, the Law Society of Kenya (LSK) has announced it will seek an appointment with Attorney-General Paul Kihara Kariuki to discuss the rampant violation of court orders.

According to LSK President Nelson Havi, the society will first seek to establish why government officials are unable to comply with court orders or “at least have him explain why the orders are disregarded”.

LSK will then compile all cases where government officials have failed to comply with court orders and file a composite case, seeking a declaration that the concerned officials are unfit to hold public office.

“We will further escalate it and, where possible, file a petition to Parliament or county assemblies, and ask for impeachment of the concerned officials,” he said.

Among the cases is that involving controversial lawyer Miguna Miguna whose return to the country has been frustrated on two occasions and President Uhuru Kenyatta’s refusal to appoint 41 judges .

There is also 2018 Supreme court order for the government to treat Iranians Sayed Nasrollah Ebrahim and Abdolhosein Gholi Safaee, accused of terrorism, humanely and without the violation of their rights.

Yet another court order involves former Kenya Air Force Commander Peter Kariuki who wants the Treasury Cabinet Secretary, the Defence Principal Secretary, the Chief of Staff of the Defence Forces and the Air Force Commander compelled to restore his rank, honour and decorations.

Mr Ogeto refused to discuss the issue of the 41 judges, saying the matter was still under judicial consideration.

He spoke at Sheria House in Nairobi after flagging off 16 new vehicles and commissioning new ICT equipment to the 12 regional offices to enhance service delivery.

The regional offices have also been allocated a total of 60 desktop computers and several laptops.

Mr Ogeto noted that the State Law Office, as the government’s principal lawyer, is tasked with a great burden that needs considerable resources.

“With as many as 3,000 cases filed against the government every year, inadequate equipment has been posing a serious threat to our efficiency and effectiveness,” he said.

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Miss Maryland USA, an Asian American trans military wife, speaks out against hate

Newly crowned Miss Maryland USA, a Cambodian American trans woman and a military wife, is speaking out against transphobic hate comments she received after winning her title.

Bailey Anne Kennedy, 31, who immigrated from Cambodia when she was 11, said she was inspired to compete in beauty pageants after last year Miss USA lifted restrictions on contestants who are married and over the age 28. She won the state’s title last week and celebrated the win Saturday at Washington, D.C.’s Capital Pride Parade. 

“Sometimes the underdog does win in the end,” Kennedy said in an Instagram post following her victory. 

Some on social media criticized Kennedy and the Miss USA organization, making transphobic remarks about her inclusion and saying she didn’t deserve to win over the pageant’s cisgender women. She addressed the comments in another Instagram post .

“Not everyone has to agree with the spaces that you occupy, and it doesn’t mean that you aren’t worthy of these opportunities,” she wrote. “The work that I will do for the remainder of my life is to make sure that children who feel like me will never have to worry about the consequences of being who they are by simply being myself and being a positive contribution to society.”

Miss Maryland USA, which evaluates contestants on an interview, swimwear and evening gown portion, also posted a message in support of Kennedy and the trans community.  

“Since 2012, trans women have been welcomed into our organization,” the organization said. “Every person has the right to live authentically and pursue every opportunity, and we believe Bailey Anne embodies these values. … We see Bailey’s win as a win for everyone who dreamed the impossible dream.” 

According to a bio on her website , Kennedy is married to an active duty member of the U.S. Marine Corps. She says there that, after they got married, she thought she’d have to put her aspirations aside for good.

“I knew that my life would be forever changed,” she said. “I accepted the fact that his commitment to our country would always come first and any career aspirations of mine would be second.”

But she took Miss USA’s rule change last year as a “sign,” she said, and hopes to use the role to support other military families. 

Kennedy has also been vocal about her Cambodian heritage, sharing that she struggled to overcome language barriers when she first moved to the U.S. She said getting the crown is a true milestone.

“I kept getting so emotional all day because I knew it was bigger than me. I knew that it only took 67 years for married women to compete freely. Let alone to have an immigrant who happened to be bullied all of life for her accent and her different ways of doing things,” she said in a post .

For more from NBC Asian America,  sign up for our weekly newsletter .

Sakshi Venkatraman is a reporter for NBC Asian America.