Azimio Sue Ruto
A commission of inquiry into the Shakahola tragedy has been stopped by a court order thanks to the Azimio group, who claim the action is unlawful.
The coalition claims in a petition to the High Court that President William Ruto’s selection of the eight-person team violates the Constitution and usurps the authority granted to other state organs.
Azimio Sue Ruto
The opposition coalition asserts that Dr. Ruto is enabling his personal nominees to challenge the legitimacy and authority of state institutions and other constitutionally mandated bodies.
President Ruto established the committee last week to look into the murders, torture, and cruel and inhumane treatment of victims connected to the Good News International Church in Kilifi. The group’s chair is Court of Appeal judge Jessie Lesiit.
The commission will presumably determine the circumstances behind the killings, torture, and other cruel or inhumane treatment.
Azimio La Umoja, however, contends that the panel of investigation, which will be sworn in later today, was chosen in violation of the law.
“The petitioner states that the action of the 1st respondent in constituting the Commission of Inquiry interferes with the independence of the Judiciary under Article 161 of the Constitution of Kenya which provides that ‘in the exercise of judicial authority, the Judiciary shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority’.” The petition was filed by lawyer Paul Mwangi.
The appeal continues by stating that because Chief Justice Martha Koome was not consulted prior to the appointment, and because Justice Lesiit will be working under the direction and jurisdiction of the High Court, the nomination of Justice Lesiit as head of the panel exposes the judiciary to disgrace.
Furthermore, Justice Lesiit will have to compromise her independence because she will be working under the President’s guidance, who will also decide how much she will be paid and what expenses she will be entitled to.
