Blow to Ruto as court stops Shakahola probe
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Court stops sittings by the commission appointed by President William Ruto to probe the Shakahola massacre
Court stops sittings by the commission appointed by President William Ruto to probe the Shakahola massacre.
On May 22, the High Court halted all upcoming meetings of the commission that President William Ruto had constituted to investigate the Shakahola killings.
Justice Lawrence Mugambi announced that a judgment on whether the panel should suspend its work would be made on Monday, May 29, and he ordered the members to refrain from any activity or decision-making until then.
Paul Mwangi, the attorney for the Azimio group, also demanded that Justice Jessie Lessit be kept out of the hearings.
As the head of the commission whose formation and membership the coalition opposed, he said Lessit was compromised.
“She cannot be paid by the executive director while at the same time, she sits in the Judiciary,” he stated.
However, in response, Attorney General Justin Muturi noted that in the course of the proceedings, none of the Commission members were confined.
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The petition filed by Azimio argued that the formation of the Lessit-led commission was unconstitutional and the president had no power to command its formation.
According to the opposition leader Raila Odinga, only Parliament was mandated to establish a commission of inquiry to probe the Shakahola massacre.
“We reiterate that the constitution empowers only the Judicial Service Commission to recruit qualified individuals to serve on tribunals.
“The president has no authority to determine the constitution of a court or an independent tribunal, nor to decide who sits in judgment in a court or an independent tribunal,” the petition read in part.
However, despite the petition, Ruto appointed two other members to join seven other members on Friday, May 12, through a gazette notice.
“President of the Republic of Kenya and Commander-in-Chief of the Defence Forces has appointed Abdullatif Essajee Khaderbhai and Hassan Ahmednur Baricha, as Commissioners of the Commission of Inquiry into the Shakahola Tragedy,” the notice read in part.
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