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High Court Judge Lawrence Mugambi issued an order suspending the decision of President William Ruto to establish the Commission of Inquiry to probe the Shakahola deaths.
Mugambi said it would not be in the public interest for the Commission to start its sittings when Kenyans know the Senate and the National Police are probing the Shakahola deaths.
All these bodies, the Judge notes, are using public resources.
He said it would not be prudent to allow the Commission to start existing amid legal contentions that it will hijack other constitutional institutions’ mandates.
Last week the Judge had directed that a status quo be maintained by all parties pending the ruling of the court today in which he has given a conservatory order stopping the commission from sitting.
Azimio coalition filed the case in court accusing President William Ruto of undermining the authority of the Senate considering that it had already formed an ad-hoc committee chaired by Senator Danson Mungatana.
The coalition said the formation of the inquiry is usurping and undermining the authority of the National Intelligence Service to seek to investigate the intelligence lapses in the saga. It explains that only the NIS is responsible for security intelligence.
It asserts that only Parliament can establish a subordinate court or an independent tribunal through an Act of Parliament.
The Commission is led by Court of Appeal Judge Jessie Lessit.
The members of the commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui. The others are Frank Njenga, Wanyama Musiambu and Albert Musasia.
Ruto appointed the commission of inquiry into the deaths of more than 200 people believed to have starved themselves to death early this month.
The commission of inquiry, announced by presidential spokesman Hussein Mohamed, was to examine whether administrative or intelligence lapses contributed to the deaths.
Mohamed said Ruto had also appointed a task force to review regulations governing religious organisations. BY THE STAR