The high Court on Monday suspended the Ruto-appointed committed delegated towards the probe into the Shakahola massacre.
A win for Raila, after Justice Lawrence Mugambi ruled that the judicial inquiry committee would be required to use more public funds for their activities, a move that was not in the interest of Kenyans.
Mugambi further said the petition filed by Azimio had raised serious issues forcing the court to intervene.
“The president has no authority to determine the constitution of a court or an independent tribunal or to decide who sits in judgment in a court or an independent tribunal.
“We reiterate that the constitution empowers only the Judicial Service Commission to recruit qualified individuals to serve on tribunals,” the petition read in part.
Also Read: NCBA Fuliza Customers Increased by 16.8m in 2022
“It is in the public interest to allow the Commission of Inquiry to start its sitting at the expense of the public before the resolution of the constitutional challenges presented. My answer is that it is not,” the Judge ruled.
Justice Mugambi further stopped any sittings by the commission until further judgement by court.
The court clarified that there were other bodies already working on the investigations into the Shakahola massacre, including the Police, Senate and the Kenya National Human Rights Commission (KNHCR).
Paul Mwangi, Azimio’s lawyer, requested Justice Jessie Lessit be excluded from the proceedings as she had been appointed to lead the judicial council.
“She cannot be paid by the executive director while at the same time, she sits in the Judiciary,” he stated.
