Win For Raila As Court Blocks Ruto's Shakahola Commission of Inquiry
Judge Lawrence Mugambi on Monday, May 29 set aside the commission pending the determination of a case before it.
Marvin Chege 
The High Court has issued an order suspending President William Ruto's decision to establish the Commission of Inquiry to probe the Shakahola deaths and religious organizations in Kenya.
Judge Lawrence Mugambi on Monday, May 29 set aside the commission pending the determination of a case before it.
He ruled that the Azimio la Umoja coalition had raised serious issues in their petition, thus the court had to intervene.
"It is in the public interest to allow the Commission of Inquiry to start its sitting at the expense of the public before the resolution of the constitutional challenges presented. My answer is that it is not,” the Judge ruled.
Side-by-side image of Pastor Paul Mackenzie and bodies retrieved from Shakahola forest in Kilifi County. /VIRALTEAKE
Justice Mugambi also stated that other bodies including the Police, Senate and the Kenya National Human Rights Commission (KNHCR) were already carrying out investigations into the matter and were using public funds and resources.
He noted that the commission would need to use more public funds in their activities, a matter which was against the interests of Kenyans.
Through his Lawyer Paul Mwangi, Azimio la Umoja leader, Raila Odinga moved to court to block the actions of the Shakahola Tragedy Commission of Inquiry team, accusing the President of usurping powers vested in Parliament in naming the members of the commission.
“We reiterate that only the Judicial Service Commission is empowered by the constitution to recruit qualified persons to serve in tribunals. The president has no powers to make any determination of the constitution of a court or an independent tribunal nor who sits in judgment in court or independent tribunal,” read part of the court documents filed by lawyer Paul Mwangi.
The petition also stated that by forming the Commission of Inquiry into the Shakahola tragedy, the Head of State is undermining the authority of the National Intelligence Service under Article 242 of the Constitution of Kenya.
"The formation of the Commission of Inquiry Into the Shakahola Tragedy is a usurpation of the powers and undermining of the authority of the Senate which has already commissioned an ad-hoc Committee to investigate the Shakahola Massacre whose mandates have been duplicated," the petition stated.
Raila also argued that Ruto is interfering with the independence of the Judiciary by appointing the commission and that only Parliament can establish a subordinate court or an independent tribunal through an act of Parliament.
President Ruto however brushed off the petition and appointed two more commissioners to strengthen the Judicial Commission of Inquiry into the Shakahola massacre. They include Abdullatif Essajee Khaderbhai and Hassan Ahmednur Baricha.
They were picked to assist the 13-member team during the Shakahola probe and would work in tandem with Lady Justice Jessie W. Lesiit, who is chairing the commission.
“It is notified for the general information of the public that His Excellency Hon. William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces has appointed— Abdullatif Essajee Khaderbhai, Hassan Ahmednur Baricha, as Commissioners of the Commission of Inquiry into the Shakahola Tragedy established vide Gazette Notice No. 5660 of 2023,” the gazette notice read.
Other roles of the Commission of Inquiry include establishing the circumstances under which these incidents occurred and identifying the persons and organizations who bear the greatest responsibility for the Shakahola tragedy.
The commission will also recommend specific actions that should be taken against them, including admonition, regulatory actions, reparations, or recommendations for criminal investigation.
In addition, the commission will inquire into the legal, institutional, administrative, security, and intelligence lapses that may have contributed to the occurrence of the Shakahola tragedy.
It will recommend legal, administrative, or other forms of accountability action against any public official whose actions or omissions are established to have willfully or negligently contributed to the occurrence of the tragedy.
