• On May 5, President Ruto appointed a commission of inquiry into the Shakohola deaths through a gazette notice.
• The members of the commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui.
Azimio La Umoja Leader Raila Odinga has moved to court seeking to sue the state over the formation of the Commission of Inquiry into Shakahola deaths.
In the petition seen by The Star, Raila, through his lawyer, Paul Mwangi says the appointment of members of the commission is illegal and unconstitutional.
"Commission of Inquiry called 'Commission of Inquiry Into the Shakahola Tragedy' is a usurpation by the President of the Sovereignty of the People of Kenya by attempting to donate powers duly donated by the Constitution of Kenya to Constitutional Institutions," the petition read.
The petition also states that by forming the Commission of Inquiry into the Shakahola tragedy, Ruto is undermining the authority of the National Intelligence Service under Article 242 of the Constitution of Kenya.
"The formation of the Commission of Inquiry Into the Shakahola Tragedy is a usurpation of the powers and undermining of the authority of the Senate which has already commissioned an ad-hoc Committee to investigate the Shakahola Massacre whose mandates have been duplicated," the petition stated.
Raila also says Ruto is interfering with the independence of the Judiciary by appointing the commission, adding that it is only Parliament that can establish a subordinate court or an independent tribunal through an act of Parliament.
"The president has no powers to make any determination of the constitution of a court or an independent tribunal nor who sits in judgement in court or independent tribunal,” he said.
On May 5, President Ruto appointed a commission of inquiry into the Shakohola deaths through a gazette notice.
The head of state said Lady Justice Jessie Lessit will chair the commission, together with sevens others.
The members of the commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui.
Others are Frank Njenga, Wanyama Musiambu and Albert Musasia.
The commission will also have joint secretaries Oliver Karori and Rachel Maina. It will also have Kioko Kilukumi as its lead counsel, assisted by Vivian Nyambeki and Bahati Mwamuye.
The mandate of the commission of inquiry will be mainly to inquire into the deaths, torture, and inhumane and degrading treatments of members of the Good News International Church.
"The team will establish the circumstances under which the deaths and inhumane torture occurred," the gazette notice said.