BY NT CORRESPONDENT
High court Judge has removed the President Uhuru Kenyatta’s name from a suit and promised to give his reasons later.
President Kenyatta was listed as a respondent in a case challenging the creation the office of Chief Administrative Secretary (CAS) which was before Justice Chacha Mwita.
Early this month the office of the Attorney General filed an application in court to have the name of President Uhuru Kenyatta struck out in the case filed by activist Okiya Omtatah.
Through State Counsel Gitiri Jennifer, the Attorney General argued that 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,” AG said.
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.
