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 The team President William Ruto picked to investigate the Shakahola mass deaths was yesterday sworn into office amid reports that 20 new graves had been identified.

Yesterday’s swearing in ceremony also took place against the backdrop of protests by Azimio leader Raila Odinga, who on Tuesday moved to court seeking a declaration that the formation of the inquiry commission was unconstitutional and, as such, the team should be disbanded.

Commission members — led by Court of Appeal Judge Jessie Lessit — were sworn in at a ceremony held at the Milimani ceremonial hall and which was presided over by High Court Principal judge Eric Ogola.

Among those present were Attorney General Justin Muturi. The AG is among government officials expected to appear before a House committee today to shed more light on what the government is doing with the regard to what Interior CS Kithure Kindiki described as “a massacre”.

By yesterday, 65 people had been rescued in various parts of the expansive ranch while another 25 had been arrested and were assisting police with investigations.

So far, 113 bodies have been exhumed and subjected to post mortem examination while another 21 graves with an unknown number of bodies were identified. During a visit to the Chakama ranch, where the deaths linked to Pastor Paul Mackenzie’s Good News International Church occurred, Kindiki yesterday said the exhumation was likely to take longer than initially anticipated.

He also revised an earlier order barring journalists from the crime scene, saying one representative would be allowed in each day and would form part of the media briefing team. Access to the exhumation site has been controlled due to the legal and human rights implications involved.

Last week, President Ruto appointed the commission of inquiry and tasked its members with the responsibility of unearthing the truth behind the activities undertaken by Pastor Mackenzie and his church and how they indoctrinated his followers to fast to death.

The inquiry will also investigate persons and organisations who bear the greatest responsibility for the  deaths of more than 110 people in Shakahola horror that occurred in Kilifi County.

One of the clerics already under investigations is Pastor Ezekiel Odero, who was arraigned but was released on bail.

Ezekiel later held a meeting with Raila on Monday after his court appearance. Raila had earlier been denied entry into the Chakama ranch, prompting Kindiki to warn that politicians were not allowed in the area as it was considered a crime scene.

Interference

Yesterday, the Mombasa High Court ordered the police not to interfere with the activities of Pastor Ezekiel or his New Life Prayer Centre and Church in Mavueni. However, his bank accounts will remain frozen until Monday when High Court judge Olga Sewe will rule on the matter.

Besides naming the commission, Ruto also appointed a taskforce to review the legal and regulatory framework governing religious organisations, a move that was yesterday met with protests from Pentecostal church leaders, who said churches were already regulated and warned the government against interfering with their operations.

“The mandate of the Commission of Inquiry shall be to inquire into the matter of the deaths, torture, inhumane and degrading treatment of members and other persons linked to the Good News International Church in Kilifi County,” the appointment notice for the commission of inquiry stated.

Besides the chair, Justice Lesiit, other members are Lady Justice (Rtd) Mary Kasango, politician Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, psychologist Frank Njenga, Wanyama Musiambu and Albert Musasia. Others are lawyer Kioko Kilukumi, Vivian Janet Nyambeki and Bahati Mwamuye. The commission secretaries will be Oliver Kipchumba Karori and Rachel Maina.

Notably, Justice Lessit yesterday urged Kenyans to pray for them as they embark on the task ahead.

“We take the appointment in stride. It is no easy task and we shall do it to the best of our ability even as we take an oath before God,” she said after taking her oath of office.

Justice Ogolla — who presided over the ceremony — noted that the Shakahola massacre left a mark and exposed the vulnerability of Kenyans to religious extremism.

“It has also revealed gaps and weaknesses in our legal institutions and governance systems that allow the atrocities to take place. It is in response to this that the President established the taskforce to inquire into the Shakahola tragedy,” he said.

Raila suit

He urged Kenyans to reflect on their values, beliefs and practices and commit themselves to the values enshrined in the Constitution and hold dear the sanctity and dignity of human life.

“As we mourn our compatriots, including innocent children, let us hold their memory by working to build trust and restore our hope,” he urged.

Raila has moved to court challenging the establishment of the inquiry team. According to him, President Ruto had usurped the powers of among others the Director of Public Prosecutions, the Judiciary and Parliament by naming the team. In the papers, in which he has sued the President in his official capacity, Raila says the Executive cannot investigate a matter in which its officers have been adversely mentioned.

The public has in the past questioned where police and provincial administration officials were and what action they had taken when the cult followers were dying from fasting.

And in suit papers, Azimio lawyer Paul Mwangi has argued that Ruto had hijacked the criminal justice system yet he had no powers to do so. According to him, the decision to form a commission of the inquiry was a contravention of the Constitution and the resultant appointments were, therefore, also unconstitutional.

“The action in constituting the Commission of Inquiry is interfering with the independence of the Judiciary under Article 161 of the Constitution of Kenya, which provides that “In the exercise of judicial authority, the Judiciary shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority”.

But during yesterday’s swearing in ceremony, judge Ogola urged all Kenyans to cooperate with the Commission of Inquiry and support its work in the interest of truth, justice and reconciliation.

The Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organisations will be led by the Rev Mutava Musyimi, a former general-secretary of the National Council of Churches of Kenya (NCCK). The team’s mandate will be to review the current laws and regulations governing religious organisations in the country.

Today, Anglican Church of Kenya bishops are set to address the media on the ongoing saga.