AG wants Kenyatta out of Omtatah Cabinet case


President Uhuru Kenyatta addressing the nation during the unveiling of his second term Cabinet on ...
President Uhuru Kenyatta addressing the nation during the unveiling of his second term Cabinet on January 26. PHOTO|PSCU

In Summary

  • Through State Counsel Gitiri Jennifer, the Attorney General says the president cannot be sued as he enjoys presidential immunity and that the inclusion of the president is a clear misjoinder of party.
  • According to the AG's office, Omtatah will not suffer any prejudice by the exclusion of President Uhuru Kenyatta as a respondent in the case.
  • Omtatah sued President Kenyatta for the creation of Chief Administrative Secretary positions, arguing that the move was unconstitutional.

The office of the Attorney General has filed an application in court to have the name of President Uhuru Kenyatta  struck out in a case filed by activist Okiya Omtatah challenging the creation the office of Chief Administrative Secretary (CAS).

Through State Counsel Gitiri Jennifer, the Attorney General says the president cannot be sued as he enjoys presidential immunity and that the inclusion of the Head of State is a clear misjoinder of party.

According to the AG, Omtatah will not suffer any prejudice by the exclusion of President Uhuru Kenyatta as a respondent in the case.

“The 1st respondent is the sitting President of the Republic of Kenya, having been duly elected and sworn in,” reads the application.

Omtatah sued Mr. Kenyatta for the creation of Chief Administrative Secretary positions, arguing that the move was unconstitutional.

In his application filed at the Milimani Law Courts, Omtatah cited lack of public participation in the decision to include Chief Administrative Secretaries in assisting Cabinet Secretaries with their mandate.

 

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Story By Dzuya Walter
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