President Uhuru Kenyatta has argued that his position as Head of State grants him immunity from engaging in civil cases while in office, including a six-year-old defamation suit against the Kenya Television Network (KTN).
Through his lawyer, Desterio Oyatsi, President Kenyatta claims that he enjoys constitutional protection from participating in civil proceedings due to the demands of his presidential duties.
This argument is in response to an application by KTN, filed on November 8 of last year, seeking the dismissal of the suit initially lodged against Baraza Ltd on November 12, 2010. The broadcaster contends that the suit had been scheduled for hearing on May 14, 2012, but President Kenyatta failed to pursue the case diligently within the subsequent year, as required by court procedures.
Background of the Case ¶
President Kenyatta initiated the defamation suit while serving as Deputy Prime Minister, Finance Minister, and Member of Parliament for Gatundu South. KTN's lawyers, Ochieng', Onyango, Kibet and Ohaga Advocates, argue that the delay in pursuing the case is unjustified and constitutes an abuse of the court process.
In a recent court appearance before Justice Joseph Sergon, the parties involved agreed to submit formal written arguments, with oral submissions scheduled for April 3.
The recovered account cited reporting by Mediamax.
