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Justice Fatuma Sichale: Uhuru is Not Immune To Civil Proceedings and Can Be Sued

Appellate Court Judge,Fatuma Sichale, has agreed with the High Court's ruling that President Uhuru Kenyatta is not exempt from civil lawsuits and can be sued.

On Friday, August 20, at the Building Bridges Initiative (BBI) appeal determination, Sichale made the announcement while reading part of her judgment.

The Justice, on the other hand, stated in her ruling that Uhuru is entitled to legal protection, emphasizing that the law protects both the weak and the strong, all of whom are Kenyan citizens.

According to Justice Dogsled it was incorrect for the High Court to proceed with the hearing and then issue adverse findings against President Kenyatta without first determining whether he had been served with the petition and subsequent hearing notice or hearing notices.

She underlined that the President's duty in the BBI process is to promote national unity, and that he cannot participate in the popular initiative process in his capacity as President.

She went on to say that signature verification isn't a policy decision that necessitates the Independent Electoral Boundaries Commission (IEBC) becoming quorate. She went on to say that the IEBC, which has three commissioners, is not unconstitutional and that the Constitutional provisions take precedence.

Sichale stressed that the courts should not take over the job of constitutional amendments as she concluded off her presentation.

She added that verification of BBI signatures was not null and void due to a lack of quorum, and it was also not a function that necessitated a policy decision

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BBI Fatuma Sichale High Court Justice Dogsled Sichale

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