High Court Judge Lawrence Mugambi has granted an order suspending President William Ruto's decision to establish the Commission of Inquiry responsible for investigating the Shakahola deaths. Judge Mugambi's ruling highlighted that commencing the Commission's proceedings while the Senate and National Police are already engaged in their own investigations, utilizing public resources, would not be in the best interest of the public.
Furthermore, Judge Mugambi emphasized the potential encroachment upon the mandates of other constitutional institutions if the Commission were allowed to proceed amidst ongoing legal disputes. In a previous directive, the Judge had instructed all parties involved to maintain the status quo until the court's ruling. As a result, he has now issued a conservatory order that effectively puts a halt to any sessions conducted by the Commission.
Following accusations from the Azimio coalition, who claimed that President William Ruto was undermining the authority of the Senate, a case was presented before the court. The coalition pointed out that the Senate had already established an ad-hoc committee chaired by Senator Danson Mungatana, making the President's establishment of the Commission of Inquiry redundant.
According to the coalition, the Commission's creation infringed upon the jurisdiction of the National Intelligence Service (NIS) to investigate intelligence failures related to the Shakahola deaths, asserting that the responsibility for security intelligence lies solely with the NIS.
The coalition further argued that the power to establish a subordinate court or an independent tribunal through an Act of Parliament rested solely with the Parliament itself. Notably, the Commission, headed by Court of Appeal Judge Jessie Lessit, includes members such as Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, Frank Njenga, Wanyama Musiambu, and Albert Musasia.
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President William Ruto had appointed the Commission of Inquiry to investigate the tragic deaths of over 200 individuals suspected of starving themselves to death. The announcement of the Commission was made by presidential spokesman Hussein Mohamed, with its primary objective being to examine any administrative or intelligence failures that may have contributed to the fatalities.
In addition, President Ruto appointed a task force to review the regulations governing religious organizations. This move indicates a broader effort to ensure appropriate measures are in place to prevent similar incidents in the future.
The task force is expected to conduct a comprehensive assessment of existing regulations, proposing necessary revisions or enhancements to strengthen oversight and prevent potential abuses.
