AG issues rules to local govts on hiring law firms

The office of the Attorney General (AG) has issued several guidelines to all local governments on how to engage private law firms to provide legal services.

In an August 29 circular, Mr Kiryowa Kiwanuka issued 10 guidelines that he thinks if followed, it would streamline the processes of engaging private law firms by the district local governments.

“Whereas, we have previously given guidance to local governments regarding their requests for this office’s clearance of their contracts for procurement and retention of the services of private law firms,…it has come to our attention that many local governments are either oblivious to the requisite procedures, or simply opt to not comply with the guidance. This ultimately affects our ability to process their requests within the designated time frame,” the AG’s guidelines’ notice reads in part.

“This, therefore, is to guide on the permitted scope of the services, the procedures that must be adhered to, and the documents that must accompany or constitute every submission,” he added.

Some of the guidelines include ‘‘the office of the AG reserves the right to represent government in all courts of law and other tribunals, but may elect or authorise a local government to engage the services of a private law firm’’.

Other are: “It is not permitted for a local government to retain the services of a private law firm, local government may only procure the services of a private law firm with strict compliance and adherence to the Procurement and Disposal of Public Assets Act and any renewal of a contact between a local government and private law firm shall follow the normal procurement process and shall also be with approval of the AG’s office.’’

Justification
Explaining why his office had to come up with the new guidelines, Mr Kiryowa yesterday told Monitor that local governments had started departing from the earlier guidelines and that the misconduct was costing the government a lot of money.

“What informed the issuance of the guidelines is that there were several people asking us (AG’s chambers) to clear or allow our office to use private law firms. There were also so many consent judgments flying around, which were biding government into paying lots of money,” he said.

The AG is the principal legal adviser to the government and also represents government institutions in courts of law. The office is a Cabinet-level government position.