High Court judge Justice Lawrence Mugambi has declared the commission of inquiry into the Shakahola massacre that claimed 448 people illegal.
This follows a petition filed by the Azimio La Umoja One Kenya coalition, which sought to break the commission, citing various factors.
The opposition argued that the commission undermined the spirit of separation of powers because President William Ruto had appointed a sitting judge to it.
”A declaration is issued that the decision of the President of the Republic of Kenya made on the 4th of May, 2023 in the Kenya Gazette No. 5660 establishing the Commission of Inquiry into Shakahola Tragedy and attempting to confer powers of Independent Constitutional Commissions and Offices (the Respondents and the Interested Party herein) to the said Commission of Inquiry is unconstitutional, null and void,” read the judgment in part.
“A declaration is hereby issued that to the extent that Section 3 of the Commission of Inquiry Act gives the President unrestrained discretionary power to appoint a serving Judge to the Commission of Inquiry undermines the principle of separation of powers and is a threat to the independence of the Judiciary and is therefore unconstitutional, null and void.”
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President William Ruto appointed the 8-member commission of inquiry, headed by high court judge Lady Justice Jessie Lesiit, through a gazette notice in May last year.
Others included Lady Justice (Rtd.) Mary Muhanji Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, Frank Njenga, Wanyama Musiambu as well as Albert Musasia.
