High Court Judge Lawrence Mugambi issued an order temporarily suspending President William Ruto’s decision to establish a Commission of Inquiry to investigate the Shakahola massacre.
Mugambi stated that it would not be in the public interest for the Commission to convene when Kenyans are aware that the Senate and the National Police are investigating the Shakahola deaths.
The Judge observes that all of these bodies are using public funds.
He stated that it would be irresponsible to enable the Commission to begin operations in the face of legal claims that it will usurp the missions of other constitutional institutions.
Last week, the Judge requested that all parties preserve the status quo till the court’s verdict today, in which he issued a conservatory order prohibiting the panel from meeting.
The Azimio coalition filed the lawsuit in court, alleging that President William Ruto undermined the Senate’s power, despite the fact that the Senate had previously created an ad hoc committee directed by Senator Danson Mungatana.
The formation of the investigation, according to the coalition, usurps and undermines the National Intelligence Service’s power to probe the intelligence failings in the case. It states that only the NIS is in charge of security intelligence.
It maintains that only Parliament, through an Act of Parliament, can establish a subordinate court or an independent tribunal.
