Chief Justice Martha Koome on Thursday overturned the finding by the High Court and Court of Appeal that the president does not enjoy absolute immunity.
In her ruling, the CJ said the president cannot be sued.
It was her finding that civil proceedings cannot be instituted against the president and the finding by the high court and court of appeal amounted to judicial overreach.
Last year, the Court of Appeal upheld the High Court ruling that the President can be sued in his personal capacity for anything done or not done in that capacity.
But President Uhuru Kenyatta said he has absolute immunity and cannot be sued for performing presidential functions.
President Kenyatta, through Lawyer Waweru Gatonye, said the lower courts erred in law by finding that he can be sued.
Gatonye told the court that the appellate court came to this conclusion even though the President had been sued not in respect of a private or personal matter but in respect of what he did as a head of state.
