AG seeks to expunge President’s name in cabinet petition

Written By: Ben Chumba

The Attorney General wants the court to strike out President Uhuru Kenyatta’s name in a petition challenging the creation of the position of Chief Administrative Secretary in the cabinet.

The Attorney General argues that including the name of the president in the case is against the law as the president cannot be sued.

In the petition in which President Uhuru Kenyatta’s name has been listed as the first respondent, the Attorney General says it is improper for the petitioner to join the president in the case knowing very well the president cannot be sued.

Appearing for the AG, Senior State Counsel Jenifer Gitiri informed the court that the move by activist Okiya Omtatah to sue the president over the creation of Chief Administrative Secretary posts in the cabinet is unlawful, urging the court to strike out Uhuru’s name in the case.

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This even as a Non-Governmental Organization is seeking to be enjoined as an interested party in the case where Okiya Omtahtah  has sued the President, the AG, Speaker of the National Assembly and the Public Service Commission for violating the constitution.

Through lawyer Danson Mungatana, the Youth Progress Training Institute seeks to be part of the case since it raises material legal issues pertaining to the powers of the president to create new offices, thus offer employment opportunities for youth and other people affected.

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And the office of the Director of Public Prosecution has informed the court that Inspector General of Police Joseph Boinnet and Directorate of Criminal Investigation boss George Kinoti do not have to appear in person in court on Thursday for a contempt of court case facing them.

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In a letter to the registrar, the ODPP argues the duo have filed affidavits explaining circumstances under which Miguna Miguna was deported but the nature of their duties and responsibilities does not allow them to appear in court.

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Justice Luka Kimaru had summoned Boinnet and Kinoti to appear in person in court tomorrow to explain why they should not be punished for failing to obey court orders to release Muguna on bond.

Finally, Royal Media Services has withdrawn a case it had filed in court to sue the government for switching off its TV stations. The company through lawyer Gibson Kamau Kuria informed Justice Chacha Mwita that the company is no longer interested in pursuing the matter.

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