President William Ruto has requested that his name be struck from a complaint brought by Azimio leader Raila Odinga challenging the appointment of a judicial commission to investigate Shakahola cult fatalities.

Attorney General Justin Muturi claims in a reply document that a sitting President is exempt from legal actions.

Muturi told the court that the President could only be sued via him, citing a Supreme Court rule.

"We pray that the court dismisses the second respondent in relation to the Supreme Court's decision on the immunity of the sitting president," Muturi added.

The AG dismissed the case, telling High Court judge Lawrence Mugambi that the petition lacked the crucial component of why the Commission should be prevented from carrying out its mandate.

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Raila alleges Ruto seized the rights placed in Kenyans through constitutional institutions such as the Judiciary, Independent Tribunals, the National Police Service, and Parliament in a petition filed by lawyer Paul Mwangi.

He claims that President Ruto has served as a jury, judge, and executioner because his appointments are unlikely to render a fair decision.

The matter will be heard the following Monday.

On Wednesday, Justice Mugambi issued the directive, adding that the case will be heard in open court, with each party given 15 minutes to react and underline its views.

"Further directions will be given on May 22, after the hearing of the application," he ruled.

Respondents were given 14 days before the hearing date to respond to the application.

They are the President, the Attorney General, the Speaker of the National Assembly, the DPP, the Inspector General of Police, the NIS, the KNCHR, the PSC, the Ombudsman, and Ipoa.

Ruto established the Commission through a Gazette notification on May 4.

Justice Jessie Lesit presides over the Commission.

The members are Mary Kasango, Eric Gumbo, Bishop Catherine Mutua, and Jonathan Lodompui. Frank Njenga, Wanyama Musiambo, and Albert Musasia are the others.


The Commission's joint secretaries are Oliver Karori and Rachel Maina.

Kioko Kilukumi will serve as the team's lead counsel, with assistance from Vivian Nyambeki and Bahati Mwamuye.

The Commission of Inquiry's mandate is to primarily investigate the killings, torture, and inhumane and degrading treatment of Good News International Church members in Kilifi's Shakahola Forest.

The group formed will establish the conditions under which the deaths and inhumane torture occurred," Ruto stated in the gazette notification announcing the Commission's formation.

On Wednesday, 15 more bodies were excavated, bringing the total to 226.