Court excludes Uhuru from Omtatah Cabinet case

The High Court in Nairobi on Tuesday struck out President Uhuru Kenyatta’s name in a case challenging the legality of the creation of the position of Chief Administrative Secretary (CAS).

Justice Chacha Mwita did not give reasons for removing the president’s name from the case but said he would do so at a later date.

On January 29, activist Okiya Omtatah sued President Kenyatta for creating the position without public participation.

“The creation of the position of Chief Administrative Secretary in all Government ministries by President Uhuru Kenyatta in consultation with the Public service Commission is invalid, null and void ab initio and of no legal effect,” said Omtatah in his affidavit.

However, on February 14, the Attorney General through State Counsel Gitiri Jennifer filed an application at the Milimani Law Courts seeking to have the president’s name struck out on grounds that he cannot be sued since he enjoys presidential immunity.

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

While naming his new Cabinet on January 26, President Kenyatta said he had created the position after consulting the Public Service Commission (PSC).

He said that CASs would work with Cabinet Secretaries to help him deliver on his Big Four Agenda.