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Friday, December 18, 2020 – President Uhuru Kenyatta is not immune to prosecution and he can be taken to court if he breaks the law, High Court has ruled.

In a landmark ruling delivered by Justices, George Dulu, William Musyoka and James Wakiaga on Thursday, the three judges said the Constitution does not shield the president from being dragged in a constitutional or judicial review court even when in office.

The judges, however, pointed out that he should not be sued in person but through the Attorney General (AG).

While dismissing AG Kihara Kariuki’s argument that the president can only be impeached or pursued after leaving office, the judges ruled that the law only shields him from criminal liability.

“We hold and find that the purposive interpretation does not hold absolute immunity in terms of judicial 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 litigations,” the judges ruled.

The judges were making a ruling in a case filed by Katiba Institute and lawyer Adrian Kamotho seeking to force President Kenyatta to swear in 41 judges nominated by the Judicial Service Commission (JSC).

The judges, however, ordered that Uhuru’s name in Katiba’s court papers be expunged.


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