A commission President William Ruto appointed to probe the Shakahola massacre was on Tuesday, May 9, sworn into office despite protestations by former Prime Minister Raila Odinga.
The Commission of Enquiry, led by Lady Justice Jessie Lessit, was also expected to start its sittings on Wednesday, May 10, after the swearing-in ceremony.
While taking the oath, the Lessit-led commission vowed to carry out its mandate diligently and unearth the scandal.
The ceremony was a blow to the Azimio la Umoja leader, who had filed a suit against the Head of State on Tuesday, May 9, arguing that he had illegally appointed the team.
In court papers, the opposition leader argued that Ruto had usurped Parliament's powers by making the appointments. He claimed that the August House was the only one legally allowed to form the said commission of inquiry.
Raila, as a result, sought the court to quash President Ruto's appointment of the Commission of Inquiry.
“We reiterate that only the Constitution empowers the Judicial Service Commission 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,” Raila argued in court papers filed by his lawyer, Paul Mwangi.
The former Prime Minister also argued that the Head of State contradicted the Constitution and contributed towards tilting the impartiality of judicial officers who may be enticed by the appointments, thereby giving favourable rulings on cases targeting the Executive.
Ruto Makes Appointments
The Head of State appointed the Commission of Enquiry on Friday, May 5, and tasked them with unravelling the truth behind the Shakahola tragedy.
He directed the committee to inquire into the death, torture, and inhumane and degrading treatment of members and other persons linked to the Church led by Pastor Paul Mackenzie.
Other committee members sworn in alongside Lessit included Lady Justice (Rtd.) Mary Muhanji Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui (Dr.), Frank Njenga (Dr.), Wanyama Musiambu and Albert Musasia.
The Joint Secretaries were Oliver Kipchumba Karori, Rachel Maina, while the Lead Counsel was Kioko Kilukumi.
Ruto also appointed Assisting Counsel Vivian Janet Nyambeki and Bahati Mwamuye to provide legal advice to the Commission of Inquiry.
So far, over 130 bodies have been recovered from the infamous forest, with exhumation exercises expected to continue.
