The Government Transactions Division is a technical department in the Office of the Attorney General and Department of Justice that derives its mandate from Article 156 of the Constitution of Kenya which establishes the Office of the Attorney General as the principal legal advisor to the Government.
Government Transactions derives it’s mandate from Section 5 of the Office of the Attorney General Act, 2012.
The Division promotes Government development priorities and is a Key enabler of the Big Four Agenda and Vision 2030.
The Division has the following functions and responsibilities:
- Vets, interprets and provides legal advice on public procurement and procurement contracts at the request of Ministries, State Departments, State Corporations and County Governments. It is noteworthy that Section 134 of the Public Procurement and Asset Disposal Act, 2015 provides that an Accounting Officer should seek the clearance of the Attorney General for contracts of a value of Kshs. 5 billion or more;
- Provides legal advice at the request of Ministries, State Departments, State Corporations and County Governments on Public Private Partnerships (PPPs) and project finance for infrastructure projects;
- Offers legal advice and opinions on commercial matters at the request of Ministries, State Departments, State Corporations and County Governments. This may involve drafting, vetting, negotiating or interpreting Memoranda of Understanding or Agreements before they are signed by the Government or its agencies;
- Attends, as part of Government of Kenya delegations, loan, grant and financing negotiations with bilateral and multilateral donors such as the African Development Bank, World Bank, European Investment Bank, KfW, AfD, JICA, among others, supporting Kenya’s development agenda;
- Vets, drafts, interprets and provides legal advice on bilateral and multilateral loan, grant and financing agreements including subsidiary agreements before they are signed;
- Provides legal advice on land transactions involving the Government;
- Gives transactional legal advice on the restructuring of Government agencies and institutions in which the Government has an interest including the privatization of State Corporations/ Parastatals;
- Offers legal advice to Government on commercial transactions related to the extractives industries sector such as mining and petroleum;
- Undertakes research and provides legal advice on policy papers and Cabinet memoranda;
- Delivers legal advice on Bilateral Investment Treaties (BITs) and double taxation agreements between the Government and other countries and participates in negotiations on these matters;
- Undertakes legal due diligence on contractors for infrastructure projects before their engagement by the Government and its agencies;
- Co-ordinates the Hon. Attorney General’s representation in Boards of State Corporations, Inter-Ministerial Committees, Task Forces, Tribunals and Working Groups; and,
- Provides transaction legal advice to Ministries, State Departments, State Corporations and County Governments to ensure that development projects are undertaken in strict compliance with the Laws of Kenya and Government policy directives.