Court Orders President Kenyatta's Name Be Struck Out from Petition Challenging New Cabinet Post

The High Court has ordered President Kenyatta’s name be removed from a case where a petitioner is challenging the legality of the creation of Chief Administrative Secretary (CAS) position in the Cabinet.

While issuing the order on Tuesday, Justice Chacha Mwita didn't give reasons for striking out the president's name from the petition, but said he would do so at a later date.

On January 29th, Activist Okiya Omtatah sued the President for introducing the new position without public participation.

“The creation of the position of Chief Administrative Secretary in all Government ministries by President Uhuru Kenyatta in consultation with the Public service Commission is invalid, null and void ab initio and of no legal effect,” said Omtatah in his affidavit.

However, the Attorney General's office through State Counsel Gitiri Jennifer made an application at the Milimani Law Courts on February 14th, seeking to have removal of President's name, on grounds that he can't be sued as he enjoys presidential immunity.

“The 1st respondent (President Kenyatta) is the sitting President of the Republic of Kenya, having been duly elected and sworn in,” read the application.

While unveiling his new Cabinet on January 26th, the Head of State said he had created the position after consulting the Public Service Commission (PSC).

He said the work of a Chief Administrative Secretary would be to assist Cabinet Secretaries in delivering on his Big Four Agenda.