The court has set a hearing on Monday of an application by Azimio to prevent the commencement of sittings by the commission of inquiry into the Shakahola cult murders.
Judge Lawrence Mugambi of the High Court asked parties involved in the case filed last week to prepare for the hearing set for May 22.
Azimio argued that President William Ruto’s appointment of the eight-member team is illegal and amounts to a usurpation of powers vested in other state organs by the Constitution.
“That leave is granted to the petitioners to file further affidavit, if need be,” the judge said.
The coalition further stated that the commission limits the Inspector General’s right to carry out the investigations without taking orders from anyone.
Ruto appointed the commission of inquiry on May 4 to investigate more into the deaths of the victims involved in a cult linked to the Good News International Church in Kilifi- linked to pastor Paul Mackenzie.
“That section 3 of the Commission of Inquiry Act of unconstitutional and the entire Act is null and void as it gives the President power to determine who will carry out judicial duties,” Azimio leader Raila Odinga says in affidavit.
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Lawyer Paul Mwangi says Parliament can establish a subordinate court or an independent tribunal by an Act of Parliament and the Judiciary is empowered by the Constitution to recruit qualified persons to serve in the courts.
“The precedent that will be set by not declaring the Commissions of Inquiry Act unconstitutional is that the President will now and in the future be able to entice sitting judges of the judiciary with appointments to commissions of inquiry and other executive appointments and thereby influence judges with perks that will create bias in such judges when they sit in judgement on actions of the executive in cases that come before them,” Mr Mwangi said.