The newly appointed Attorney General, Judge Paul Kariuki, through his office, has filed an application in court to have the name of the President Uhuru Kenyatta struck out in a case filed by activist Okiya Omtatah.
In his case, Omtatah is challenging the creation of the office of Chief Administrative Secretary (CAS), a position the Head of State created during the nomination of his Cabinet.
Through State Counsel Gitiri Jennifer, the Attorney General states that the President cannot be sued as he enjoys presidential immunity.
Furthermore, the State Counsel highlighted that the inclusion of the President in the case is a clear misjoinder of the party.
According to the AG, Omtatah will not suffer any prejudice by the exclusion of the Commander-in-chief as a respondent in the case.
[caption caption="File image of activist Okiya Omtatah"]
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“The 1st respondent is the sitting President of the Republic of Kenya, having been duly elected and sworn in,” reads part of the application.
The vibrant activist sued Kenyatta for the creation of Chief Administrative Secretary positions, arguing that the move was unconstitutional and illegal.
In the application filed at the Milimani Law Courts, Omtatah claimed that the lack of public participation in the decision to include CASs in helping Cabinet Secretaries with their mandate is grievously inappropriate.
Making the announcement from State House on January 26, President Kenyatta stated that he had created a new Government position, (CAS), in all the ministries.
[caption caption="File image of President Uhuru Kenyatta"]
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"The CAS will broadly be responsible for helping cabinet secretaries to better coordinate the running of affairs of the various ministries," the President announced.
