Kenya’s High Court argues whether President Uhura of Kenya could be dragged to the court!
Nairobi, the standard, MP 18 Dec. 2020
News from Nairobi said, President Uhuru Kenyatta has no immunity from being dragged to the court for his actions and inactions while still in office.
In a judiciary twist ever witnessed in Nairobi, some members of the high court, mainly, justices George Dulu, James Wakiaga and William Musyoka found that the constitution doesn’t shield the president from being taken to the court while still serving in office.
They ruled saying, ‘we hold and find the purposive interpretation does not hold absolute immunity in terms of judiciary review orders or constitutional determinations for acts and omissions while he is in office. It means that the president does not enjoy absolute immunity in the litigations.’
But, this ruling was challenged by Attorney General (AG) citing that President’s case could either take root to the parliament for impeachment process or wait until the completion of his term of office.
The court ruling came in a case brought forward by Katiba Institute and lawyer Adrian Kamotho seeking to force president Kenyatta to swear in 41 judges nominated by the Judicial Service Commission (JSC).
However, the three judges ordered that Uhuru’s names should be removed from Katiba’s court papers.
But, they dismissed the AG’s objection on whether the court could hear a case while there was an appeal in place over the same issue.
According to the three judges, the AG did appeal challenging the court’s order for the president to swear in the nominees.
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