Editor's Review

One of the judgements made by the High Court and court of appeal is that the President of Kenya can be sued while in office.

Chief Justice Martha Koome was the first to read out her decision on several issues captured in the BBI appeal at the Supreme Court of Kenya.

The Supreme Court is on Thursday expected to make its Judgement on the BBI appeal that was declared null and void by the High Court and the Court of Appeal of Kenya.

One of the judgements made by the High Court and court of appeal is that the President of Kenya can be sued while in office.

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In her determination, however, Koome has ruled that the President of the Republic of Kenya cannot be sued while in office.

{President uhuru Kenyatta}

In her determination, CJ Koome determined that civil proceedings cannot be instituted against the president.

"Civil proceedings cannot be instituted against the president during his tenure in office," Koome stated. 

CJ Koome concludes that the President can only be sued through the Attorney General.

She further faulted the Court of Appeal for holding that the President can be sued personally for violating the Constitution.

She noted that the finding by the high court and court of appeal amounted to judicial overreach