Probe into the controversial mass massacre of unknown multitude of people numbering into tens of hundreds at the Shakahola Forest and new suspected scene of crime feared to harbour secret mass graves has suffered a major setback after the High Court issued orders suspending operations of the newly formed Commission of Inquiry for seven days pending a detailed ruling to be issued next week.
The Justice Jessi Lessit-led commission will know its fate on Monday next when Justice Lawrence Mugambi will deliver a substantive ruling on the case filed by the opposition, Azimio One Kenya Coalition.
Opposition leader Raila Odinga sued the government saying the appointment of the members of the commission by president William Ruto is illegal and unconstitutional.
He also accused the president of violating the constitution by usurping powers of other state agencies.
The opposition leader accused the Head of State of 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 reads in part.
Through documents filed in court, Azimio argues that actions by Ruto undermines the command of the Inspector General of police Japhet Koome, who is not only required to carry out investigations but also forbidden from taking orders from anyone regarding who to investigate.
The petition also accuses the president for allegedly empowering his personal nominees to undermine the constitutional mandate and authority of constitutional institutions and state organs.
The president appointed the commission on May 5, 2023 and named Court of Appeal Justice Lesiit as the chairperson, to investigate the deaths, torture, inhuman and degrading treatment of victims linked to the Good News International Church in Kilifi- linked to controversial pastor Paul Nthenge Mackenzie.
Mackenzie alongside 30 others have since been charged.
Besides Justice Lessit, other members of the commission include; Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui.
The others are Frank Njenga, Wanyama Musiambu and Albert Musasia. The commission will also have joint secretaries Oliver Karori and Rachel Maina.
