The High Court declared the establishment of the Shakahola Massacre Inquiry Commission illegal.
This decision followed a lawsuit filed by the Azimio La Umoja One Kenya coalition, which argued against the commission, highlighting concerns over the separation of powers.
They contended that President William Ruto’s appointment of a sitting judge to the commission undermined this principle.
Justice Lawrence Mugambi’s judgment stated, “The decision made by the President on May 4, 2023, as published in Kenya Gazette No. 5660, to establish the Commission of Inquiry into the Shakahola Tragedy and to confer powers akin to those of independent constitutional commissions and offices is unconstitutional, null, and void.”
“The court declared that Section 3 of the Commission of Inquiry Act, which allows the President unchecked authority to appoint a sitting Judge to a Commission of Inquiry, undermines the separation of powers and poses a threat to judicial independence. As a result, this provision is deemed unconstitutional and invalid,” the statement continued.
Last year in May, President William Ruto appointed an eight-member inquiry commission, chaired by High Court Judge Lady Justice Jessie Lesiit, through a gazette notice.
Also included in the commission were Lady Justice (Rtd.) Mary MuhanjiKasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, Frank Njenga, WanyamaMusiambu, and Albert Musasia.
The Shakahola cult, led by Paul Mackenzie, tragically claimed the lives of 448 of its adherents, who succumbed to starvation in their quest to meet Jesus.
