President William Ruto wants the court to strike out his name in a case filed by Azimio leader Raila Odinga challenging the formation of a judicial commission to probe Shakahola cult deaths.
In a replying affidavit, Attorney General Justin Muturi argues that a sitting President is immune from any court proceedings.
Citing a Supreme Court ruling, Muturi told the court that the president can only be sued through him.
“We pray that the court strikes out the second respondent in respect to the Supreme Court’s judgment on the immunity of the sitting president,” Muturi said.
Dismissing the case, the AG told High Court judge Lawrence Mugambi that the petition does not have the essential ingredient as to why the commission should be stopped from carrying out its mandate.
In the petition filed by lawyer Paul Mwangi, Raila claims Ruto usurped the powers vested in Kenyans through constitutional institutions including the Judiciary, Independent Tribunals, the National Police Service and Parliament.
He says President Ruto has acted as the judge, the jury, and the executioner as his appointees are unlikely to give a fair verdict.
The case is set to be heard Monday next week.
Justice Mugambi gave the direction on Wednesday, noting the case will be heard in an open court where each party will be granted 15 minutes to respond to highlight its submissions.
"Further directions will be given on May 22, after the hearing of the application," he ruled.
Respondents were given 14 days to respond to the application before the hearing date.
They include the President, Attorney General, Speaker of the National Assembly, the DPP, Police IG, NIS, KNCHR, PSC, Ombudsman and Ipoa.
Ruto created the commission on May 4 through a Gazette notice.
The commission is chaired by Justice Jessie Lesit.
Members include Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui. The others are Frank Njenga, Wanyama Musiambo and Albert Musasia.
Oliver Karori and Rachel Maina are the Commission's joint secretaries.
The team will also be served by Kioko Kilukumi as its lead counsel who will be assisted by Vivian Nyambeki and Bahati Mwamuye.
The mandate of the Commission of Inquiry is to mainly inquire into the deaths, torture and inhumane and degrading treatment of members of the Good News International Church at Kilifi's Shakahola Forest.
"The team will establish the circumstances under which the deaths and inhumane torture occurred," Ruto said in the gazette notice that announced the formation of the commission.
Fifteen more bodies were exhumed Wednesday bringing the tally so far to 226.