Kenya: Raila Sues Ruto, Govt Over Shakhahola Commission of Inquiry

Nairobi — Azimio La Umoja One Kenya Leader Raila Odinga has sued President William Ruto for usurping his powers in the formation of the commission of inquiry on the Shakahola cult massacre.

In a petition filed by his lawyer Paul Mwangi, Odinga said that in the constitution of the commission of inquiry, the President usurped the mandate of separate arms of government and constitutional bodies.

“Commission of Inquiry called “Commission of Inquiry Into the Shakahola Tragedy” is an 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, State Organs and State Officers,” the petition read in part.

The Azimio Leader is seeking orders from the court for the commission of inquiry to be declared unconstitutional for infringing on the mandate of the Director of Public Prosecution (DPP), Independent Policing Oversight Authority (IPOA), Inspector General and Kenya National Human Rights Commission (KNHRC).

“A DECLARATION that Commissions of Inquiry Act of 1962 (Revised in 2010) be declared unconstitutional. A DECLARATION that Section 3 of the Commissions of Inquiry Act of 1962 (Revised in 2010) is in contravention with the Constitution of Kenya 2010 therefore null and void,” he said in court papers filed Tuesday.

Odinga stated that the commission of inquiry was undermining the authority of the Senate given that the Senate has already formed an ad-hoc committee on the matter which will be chaired by Tana River Senator Danstan Mungatana.