Azimio La Umoja, led by Raila Odinga, on Monday, May 8, sued President William Ruto over his decision to appoint a Commission of Inquiry into the Shakahola Massacre.
In a petition filed at the High Court, the Azimio la Umoja coalition argued Ruto had usurped his powers upon the Parliament, which was legally allowed to form the said commission of inquiry.
Through his coalition, Raila argued that only Parliament had the legal and constitutional mandate to establish a commission of inquiry to investigate the Shakahola Massacre.
“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 Orange Democratic Movement (ODM) Party Leader, therefore, prayed that the High Court may quash President Ruto's appointment of the Commission of Inquiry into the mass deaths at Shakahola Forest.
He also sought the interpretation of the Constitution, noting that the Head of State contradicted the Constitution and contributed towards tilting the impartiality of judicial officers who may be enticed by the appointments and thereby give favourable rulings on cases targeting the executive.
Raila further claimed that the appointment of Lady Justice Jessie Lesit as the chairperson of the Commission of Inquiry into the Shakahola Massacre undermined the judiciary's authority as the judge did not have the blessing of either the Chief Justice or the Judicial Service Commission.
Summary of the 11 Accusations
1. Usurping of the powers and undermining the authority of the Judiciary
2. Usurping of the powers and undermining the authority of the National Police Service
3. Usurping of the powers and undermining the authority of the Director of Public Prosecution
4. Usurping of the powers and undermining the authority of the Public Service Commission
5. Usurping of the powers and undermining the authority of the National Assembly
6. Usurping of the powers and undermining the authority of the National Intelligence Service
7. Usurping of the powers and undermining the authority of the Independent Police Oversight Authority
8. Usurping of the powers and undermining the authority of the Kenya National Commission on Human Rights
9. Usurping of the powers and undermining the authority of the Commission for Administration of Justice
10. Undermining the Authority of the Senate
11. Creation of Double Jeopardy
Summary of Prayers
Azimio wants the formation of the Commission of Inquiry into the Shakahola Tragedy declared to have undermined the authority of the Judiciary.
It also wants the court to declare the Commissions of Inquiry Act of 1962 (Revised in 2010) unconstitutional, null and void.
While visiting Kilifi on Saturday, May 6, Opposition chief Raila Odinga threatened to move to court to challenge the formation of a commission of inquiry into the Shakohola deaths.
Accordingly, Raila noted that the 2010 Constitution demanded that a tribunal can only be established through an Act of Parliament and not through a Gazette Notice by the Head of State.
The petition before the High Court equally argued that presidential appointment would directly interfere with the commission's independence since they would report back to him.
On Friday, May 5, President Ruto appointed Justice Jessie Lesiit (Chairperson), Justice (Rtd) Mary Kasango, Dr Frank Njenga (psychiatrist), Eric Gumbo, Bishop Catherine Mutua, Dr Jonathan Lodompui, Wanyama Musiambu and Albert Musasia.
The President mandated the commission to inquire into the deaths, torture and inhumane and degrading treatment of members and individuals linked to Pastor Paul Mackenzie-led Good News International Church in Malindi, Kilifi County.
“The commission shall 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 Shakahola tragedy,” part of the Gazette Notice states.
