Not every Tom, Dick and Harry can sue the President – Uhuru’s lawyer
By George Brian, January 19, 2022President Uhuru Kenyatta’s lawyer at the ongoing BBI petition at the Supreme Court says the Head of State enjoys absolute immunity and cannot be sued by anybody while performing his official duties.
While arguing his case, Lawyer Waweru Gatonye told the bench led by Chief Justice Martha Koome that the lower courts erred when they found that the president can be sued.
This comes after both the Court of Appeal and the High Court ruled that President Kenyatta is exposed to legal charges in a personal capacity whether in office or not.
According to Gatonye, the lower courts made the conclusion though the president had not been sued with respect to his private life. He argued that the president was performing his official duty when he was pushing the proposed constitutional amendment bill.
The lawyer said that taking the Head of State to court was a way to destruct him from his official duties.
“If it were that it was allowed for every Tom and Harry to file suit against the President, it would distract him from performing the more important duties for running the state,” he submitted.
Gatonye argued that the law provided that no civil proceedings shall be instituted in any court against the President during his tenure in respect to anything he does as the Head of State.
He noted that the protection of the president against lawsuits is meant to protect the dignity of the presidency and the country’s national security.
“There are three main organs of state that require to be acted upon in a dignified manner so that the public can have confidence in them,” he said.