Shakahola cult deaths probe team suspended

The Judicial Commission of Inquiry set up by President William Ruto to investigate the Shakahola cult deaths has been stopped in its tracks indefinitely. by the High Court

Justice Lawrence Mugambi ordered that the status quo remains in place pending his ruling on a request by Azimio la Umoja Coalition leader Raila Odinga to quash the President’s decision to appoint the commission.

The Milimani court judge will deliver the ruling on Monday next week.

“Since the court is dealing with a question of serious consideration. I thus order in the meantime the status quo remain until Monday next week,” Justice Mugambi ruled.

This means the commission chaired by Justice Jessie Lessit will not start work.

Members were sworn in earlier this month and were set to commence the probe into circumstances surrounding the mass deaths linked to Pastor Paul Mackenzie of Good News International Church.

Presenting the case, lawyer Paul Mwangi for Raila, told the court that President Ruto acted in total violation of the Constitution in picking members of the commission to probe Mackenzie’s church and other religions groups.

He said that members of the commission should have been picked by the Judicial Service Commission with the assistance of Chief Justice Martha Koome.

Mwangi faulted the commission membership saying the presiding judge will be exposed and subjected to ridicule at the close of the inquiry.

Citing the 2003 Goldenberg Inquiry, Mwangi informed the court that the then appellate judge Samuel Bosire ended up being kicked out of the Judiciary upon conclusion of the probe.

He asked Justice Mugambi to protect the reputation of the commission by quashing their gazettement notice and appointments by Ruto.

Mwangi further blasted the appointment of Justice Lessit saying she will draw double salary both from the Judiciary and the Executive.

“The position of Justice Lessit compromises the Judiciary. She can now be paid by the Executive directly while at the same time sitting in the Judiciary,” Mwangi argued.

The lawyer further claimed that top officials of the Judiciary were opposed to the establishment of the commission.

Mwangi said there were two agencies which were probing the Shakahola deaths, one being a Senate committee and the police.

Bill of Rights

Azimio said the decision by the Executive to establish a commission was bad intentioned and was aimed at wasting public funds and facilitating a cover up.

“The Senate has already commenced its hearings and we expect the commission to also conduct same hearings and make a judgment. The police have also started  investigations. Even when the constitutionally mandated bodies are working, the question is why the office of the President has taken these duties,” said Mwangi.

But defending the commission’s appointment, the Attorney General, through Emmanuel Bitta, said the President is, under the Bill of Rights, endowed with powers to protect the lives of Kenyans.

He added that the actions by the President were lawful.

He asked the court to dismiss the Azimio petition for lack of merit.

The Kenya National Commission on Human Rights (KNCHR) agreed with Raila that the formation of the commission undermined its mandate.

DPP wants out

“We are currently investigating human rights violations surrounding Shakahola issue. Allowing a commission of inquiry to proceed will be undermining our mandate.

“Therefore we support suspension of the proceedings until the matter is heard and determined,” KNCHR informed the court.

The office of the Director of Public Prosecutions (ODPP)  urged the court to be struck out from the case on grounds that it was illegally sued.

“I pray that you strike us out as respondents in the matter. The DPP enjoys decisional independence whether or not to charge. The powers of the DPP cannot be usurped. The process is slightly different from the investigations by the police. The criminal investigative process is well underway. However, none of our officers are part of the commission. We do not understand why we were enjoined as respondents,” the public prosecutor told the judge.