Azimio la Umoja leader Raila Odinga has moved to court to sue President William Ruto over appointing a commission of inquiry to probe the Shakahola deaths.
In a petition filed at the High Court on Monday May 8, Raila argues that President Ruto usurped his authority over the National Assembly, which was constitutionally permitted to constitute the aforementioned panel of investigation.
“We reiterate that only the Judicial Service Commission is empowered by the constitution to recruit qualified persons to serve in tribunals. The president has no powers to make any determination of the constitution of a court or an independent tribunal nor who sits in judgment in court or independent tribunal,” the court documents read in part.
The former Prime Minister asked the High Court to overturn Ruto’s appointment of the Commission of Inquiry investigating the Shakahola massacre.
The ODM leader also claimed that the appointment of Lady Justice Jessie Lesit as the chairperson of the Commission undermined the Judiciary.
He further requested for interpretation of the Constitution, saying that the Head of State violated the Constitution and contributed to tilting the impartiality of judicial officers who may be seduced by the appointments and so offer favorable decisions on instances involving the executive.
File image of President William Ruto
President Ruto had on Friday last week named members of the Shakahola commission on Inquiry that will be led by Lady Justice Lessit
The members include Lady Justice (Rtd) Mary Muhanji Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, Frank Njenga, Wanyama Musiambu and Albert Musasia.
Oliver Kipchumba Karori and Rachel Maina will be joint secretaries while lawyer Kioko Kilukumi will be the lead counsel.
Vivian Janet Nyambeki and Bahati Mwamuye will be assisting counsel.
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