Azimio Challenges Shakahola Judicial Commission, Says It’s Usurpation of Powers

NAIROBI Kenya May 8 -The Azimio La Umoja has moved to court to challenge the appointment of a judicial commission to probe the Shakahola deaths.

Azimio, through their lawyer Paul Mwangi, said by its formation, constitution and mandating the Commission of Inquiry is a usurpation by the President of the powers of among others the Parliament, Judiciary and the Director of Public Prosecutions (DPP) to his personal nominees.

Mwangi argued that the action in constituting the Commission of Inquiry is interfering with the independence of the Judiciary under Article 161 of the Constitution.

In the exercise of judicial authority, the Judiciary shall be subject only to this Constitution and the lawand shall not be subject to the control or direction of any person or authority

Azimio further said the nominees were identified, nominated, empowered and mandated at the President’s absolute whim and discretion.

At the same time, Mwangi also argued that the formation of the inquiry team created a double jeopardy.

“The President is subjecting all criminal suspects and state and public officers who may be liable for disciplinary action to double jeopardy as the Commission of Inquiry is permitted to find the same persons culpable regardless of the outcomes of the processes authorized by the Constitution and law,” Azimio said in their petition.

The Coalition is seeking orders declaring the decision to form the Commission of Inquiry is a usurpation of the powers and undermining the authorities of the Judiciary, DPP, National Police Service, National Intelligence Service (NIS), Public Service Commission (PSC), Independent Policing Oversight Authority (IPOA), Commission of Administrative Justice (CAJ) and the Kenya National Commission on Human Rights (KNCHR).

On May 5, President Ruto appointed the commission and also appointed a taskforce to review the legal and regulatory framework governing religious organizations.

The committee was established to investigate the circumstances that led to the deaths of the faithful of the Good News International, linked to Pastor Paul Makenzie.

It is also expected to investigate the role played by Makenzie, his pastoral team and the Kilifi County security committee in aiding and abetting the deaths of the church’s followers.

In a gazette notice, the President said Lady Justice Jessie Lessit with chair the commission, together with seven others.

The members are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui, Dr Frank Njenga, Wanyama Musiambu and Albert Musasia.

The commission will also have joint secretaries Oliver Karori and Rachel Maina. Its lead counsel is Kioko Kilukumi assisted by Vivian Nyambeki and Bahati Mwamuye.