Azimio sues Ruto over Shakahola commission of inquiry

Azimio la Umoja leader Raila Odinga yesterday challenge in court President William Ruto decision to form a commission of inquiry on Shakahola cult deaths.

In a petition filed at Milimani Law Courts in Nairobi, he argues that it is unconstitutional for Ruto to appoint a judicial commission of inquiry to look into the matter.

The Azimio leader claims Ruto usurped the role of Parliament, adding that the Executive cannot investigate itself in a matter where its officers have been adversely mentioned.

Through lawyer Paul Mwangi, the coalition states that the decision to form the commission of inquiry is a contravention of constitution.

According to Raila, the new constitution entrenches the doctrine of separation of powers, the exercise of judicial power is only as provided by Article 1 and 159 of the constitution.

Raila states that the president action usurps the judicial powers which have been delegated to only the Judiciary and the independent tribunals under Article 159 of the constitution.

Further, the Azimio leader terms Ruto’s action as interfering with independence of the Judiciary adding that it is only Parliament that can establish a subordinate court or an independent tribunal through act of Parliament.

Neglecting mandate

“ 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 judgement in court or independent tribunal,” he says in court papers.

Raila accused the National Assembly of neglecting its mandate as far as investigations into the Shakahola cult deaths  is concerned.

 President Ruto last week appointed Lady Justice Jessie Lessit to chair the commission of inquiry into the Shakohola Forest cult deaths.

The commission will also inquire into the factors that led to the rise of that particular religious extremist institution and other formations that foster negative religion-based activities.

More than 100 bodies have been recovered from graves in Shakahola forest in Kilifi county, following a cult led by Paul Mackenzie Nthenge, who urged his followers to starve to death to find God.