The office of the Attorney General wants President Uhuru Kenyatta's name dropped from a case filed by actvist Okiya Omtatah.
Omtatah had moved to court challenging the creation the office of Chief Administrative Secretary (CAS).
Through State Counsel Gitiri Jennifer, the Attorney General says the president cannot be sued since he enjoys presidential immunity.
Gitiri argued that the inclusion of the Head of State is a clear misjoinder of party.
According to the AG, Omtatah will not suffer any prejudice by the exclusion of President Uhuru Kenyatta as a respondent in the case.
“The 1st respondent is the sitting President of the Republic of Kenya, having been duly elected and sworn in,” reads part of the application.
Last month, Omtatah had sued Mr. Kenyatta for the creation of Chief Administrative Secretary positions, arguing that the move was unconstitutional.
Omtatah has cited lack of public participation in the decision to include Chief Administrative Secretaries in assisting Cabinet Secretaries with their mandate.