The High Court on Monday, May 22, stopped any further sittings by the commission appointed by President William Ruto to probe Shakahola deaths.
Justice Lawrence Mugambi stated that a ruling would be made on Monday, May 29, to determine if the commission should stop its duties ordering the members not to engage in any activity or make any decisions until then.
The lawyer representing the Azimio coalition Paul Mwangi further wanted Justice Jessie Lessit excluded from the proceedings.
He argued that Lessit was compromised as she had been selected to lead the commission whose formation and composition the coalition was opposed to.
"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.
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.
Exhumation of bodies in the Shakahola forest was suspended to allow pathologists to conduct autopsies with the death toll hitting 235 by May 18.
"The search for and rescue of survivors within Shakahola Forest and The Chakama Ranch generally will continue uninterrupted and will be extended into the edges of the neighbouring Tsavo East National Park in the coming days using ground and drone search," Interior Cabinet Secretary (CS) Kithure Kindiki stated.
