Monday, May 22, 2023 –Court has today halted any further sittings by a commission recently constituted by President William Ruto on Shakahola.
In a verdict reached on Monday May 22 by Justice Lawrence Mugambi, it was directed that the ongoing probe by the Presidential commission stops until Monday May 29 when further directives will be issued.
The court wants to establish whether the Jessie Lessit-led Commission is legal or not owing to the fact that there is an active ruling on such commissions of inquiry in Kenya.
Moreover, according to Azimio la Umoja Lawyer Paul Mwangi, Justice Jessie Lessit should be excluded from the proceedings because she was leading an illegal outfit and yet she is an active Judicial member.
“She cannot be paid by the executive director while at the same time, she sits in the Judiciary,” he stated.
On behalf of government, in response, Attorney General Justin Muturi noted that in the course of the proceedings, none of the Commission members were confined.
The Azimio wing argues that the formation of the Lessit-led commission was unconstitutional and the president had no power to command its formation.
On May 6, Opposition leader Raila Odinga threatened to move to court to challenge the formation of any commission of inquiry into the Shakohola deaths.
He said investigations into the massacre cannot be done by a government whose officers are believed to be accomplices in the mass killings.
Raila added that it is unconstitutional for President William Ruto to purport to appoint a judicial commission of inquiry to look into the matter.