Judge exempts Uhuru from Omtatah Cabinet names case

President Uhuru Kenyatta. [Photo: Courtesy]

The High Court has ordered the removal of President Uhuru Kenyatta's name from a suit filed by activist Okiya Omtatah challenging the appointment of chief administrative secretaries.

Justice Chacha Mwita in his ruling on Tuesday found that the Constitution insulated the President against prosecution for his actions while in office.

"The first respondent is hereby struck out from this suit," the judge ruled.

President Kenyatta asked to be removed from the petition, saying he could not be held individually accountable for the decisions he made while in office.

“The first respondent herein is a sitting President of the Republic of Kenya, thus enjoying immunity under the Constitution. The respondent herein is improperly joined in these proceedings and ought to be struck out,” argued State lawyer Jennifer Gitiri.

At the same time, Speaker of the National Assembly Justin Muturi asked the court to dismiss the petition filed by Mr Omtatah.

He said the matter was before Parliament and asked the court to wait for the conclusion of the process.

Uhuru submitted the names of 23 nominees for the post of Cabinet secretaries, principal secretaries, and ambassadors to Parliament for vetting.

But the fate of all appointees to the various positions hangs in the balance after Omtatah went to court to contest the legality of the nominations.

The President picked 22 Cabinet secretaries and four principal secretaries, and appointed six to the new post of chief administrative secretary.