Tuesday, May 9, 2023 – Azimio Leader Raila Odinga has made good his threat after he sued President William Ruto over his decision to appoint a Commission of Inquiry into the Shakahola Massacre.
In a petition filed at the High Court, the Azimio la Umoja coalition argued Ruto had usurped the powers of Parliament, which was legally allowed to form the said commission of inquiry.
Through his coalition, Raila argued that only Parliament had the legal and constitutional mandate to establish a commission of inquiry to investigate the Shakahola Massacre.
He therefore prayed that the High Court quash President Ruto’s appointment of the Commission of Inquiry into the mass deaths at Shakahola Forest.
He also sought the interpretation of the Constitution, noting that the Head of State contradicted the Constitution and contributed towards tilting the impartiality of judicial officers who may be enticed by the appointments and thereby give favourable rulings on cases targeting the executive.
Raila further claimed that the appointment of Lady Justice Jessie Lesit as the chairperson of the Commission of Inquiry into the Shakahola Massacre undermined the Judiciary’s authority as the judge did not have the blessing of either the Chief Justice or the Judicial Service Commission.
Azimio wants the formation of the Commission of Inquiry into the Shakahola Tragedy declared to have undermined the authority of the Judiciary.
It also wants the court to declare the Commissions of Inquiry Act of 1962 (Revised in 2010) unconstitutional, null and void.
While visiting Kilifi on Saturday, Raila threatened to move to court to challenge the formation of a commission of inquiry into the Shakohola deaths.
Accordingly, Raila noted that the 2010 Constitution demanded that a tribunal can only be established through an Act of Parliament and not through a Gazette Notice by the Head of State.
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