President William Ruto’s Shakahola inquiry commission has been dismissed and termed unconstitutional by court.
This ruling follows a petition by the Azimio la Umoja to challenge powers of the President to set up a commission to do an inquiry on the Shakahola massacre that left approximately four hundred people dead and others missing.
In a statement, lawyer Paul Mwangi and longtime aide of former Prime Minister Raila Odinga confirmed the court ruling.
Justice Lawrence Mugambi of the constitutional court made this ruling indicating that Ruto’s move to establish Commission of Inquiry on Shakahola was unconstitutional.
“The decision of the president establishing the commission of inquiry into the Shakahola tragedy is unconstitutional. Section 3 of the Commission of Inquiry Act of 1962 that gives the President powers to do so is unconstitutional,” ruled Lawrence.
Ruto ‘s Commission Dismissed as Unconstitutional
Additionally, the judge confirmed that the president cannot use general powers conferred to him by the Act to displace specific powers of independent bodies and offices.
Also Read: SDA Church Clarifies Connection with Shakahola Cult After NTV Expose
According to the court, Ruto’s move to establish the commission was undermining the independence of the commissions and offices established by the constitution.
In addition, lawyer Paul Mwangi stated that only the Kenya National Commission Human Rights supported the Petition.
The Commission of Inquiry comprised of Justice May Kasango, Dr Frank Njenga, Eric Gumbo,Bishop Catherine Mutua, Dr Jonathan Lodompui , Wanyama Musiambu , Albert Musasia and was chaired by retired Court of Appeal Justice Jessie Lesiit.
The commission was tasked with preparing a report and submitting its recommendations to President Ruto within six months of its formation. This report was expected to identify individuals and organizations involved in the massacre and suggest specific actions against them.
Paul Mackenzie Prosecuted
Previously, controversial pastor Paul Mackenzie of the Good News Life International Church in Malindi, Kilifi County, was arrested as the prime suspect in the misleading cult that resulted in hundreds of deaths and numerous missing persons.
Additionally, on Friday, April 28, the Directorate of Criminal Investigations (DCI) presented evidence aiming to link Pastor Ezekiel Odero of New Life International Church to the mass burials in Shakahola Forest.
Earlier this year, government pathologist Johansen Oduor announced the commencement of the second phase of body exhumations to ensure that missing bodies are found and identified by their families.
Also Read: Johansen Oduor Reveals Date Govt Will Release Shakahola Bodies
He further stated that bodies identified from the initial phase of the exhumation exercise in Shakahola Forest would be released to their families in March.
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