Outgoing Attorney General (AG) Githu Muigai has reportedly
moved to court to have President Uhuru Kenyatta's name expunged from a case
challenging appointment of cabinet secretaries.
From what we have gathered, the AG filed an application in court
on Wednesday, February 14, seeking to have Uhuru's name cleared in the ongoing
case based on the fact that he is the President of the Republic of Kenya.
“The first respondent in this case is the sitting President
of the Republic of Kenya. He cannot be sued because he enjoys presidential
immunity,” the application read in part.
The case in question was filed by Activist Okiya Omtatah on
January 29, 2018 following appointment of new cabinet secretaries and creation
of new positions in the cabinet. In his petition, Omtatah held that creation of
the position of Chief Administrative Secretary was unconstitutional.
As was previously reported by TUKO.co.ke, President Uhuru
picked Court of Appeal President Paul Kihara Kariuki to replace Muigai. we
understands that the outgoing AG will remain in office until the newly
appointed AG officially takes over from him.