NAIROBI, Kenya, Feb 20 – President Uhuru Kenyatta’s name has been struck out from proceedings lodged by activist Okiya Omtatah protesting the creation of the post of Chief Administrative Secretaries in all ministries.
Justice Chacha Mwita removed President Kenyatta’s name following a plea by the Attorney General.
The government’s chief legal advisor had challenged the inclusion of President Kenyatta’s name insisting that while in office, he is immune from civil and criminal proceedings.
Justice Mwita however reserved his reasons until April 4 when the case will be mentioned again for further directions.
Justice Mwita had been implored to find that the Head of State was improperly enjoined since Article 143 of the Constitution provides that no civil or criminal proceedings shall be instituted in any court against a sitting President or any other officer acting in the said capacity in the performance of his duties during their tenure.
In the case, the human rights activist has faulted President Kenyatta for unlawfully creating the position of CAS without public participation and giving consideration to the ballooning wage bill.