Azimio Challenges President Ruto’s Shakahola Commission
Azimio La Umoja Coalition has filed a lawsuitAzimio argues that only Congress can establish a tribunal through a Congressional act.
The coalition argues that the president’s action would compromise the Commission of Inquiry’s independence, as they will report to him. And 9 others for allegedly violating the constitution and usurping the powers and authority of the Judiciary by forming an inquiry commission into the Shakahola tragedy.
Azimio argues that only Congress can establish a tribunal through a Congressional act.
The coalition argues that the president’s action would compromise the Commission of Inquiry’s independence, as they will report to him.
In his prayers, the leader of the Azimio party, Raila Odinga, requests that the president’s action be reversed, arguing that he lacked the constitutional authority to form the commission of inquiry, that the responsibility lay with parliament, and that the Judicial Service Commission should have identified and recruited qualified individuals to serve on the tribunal.
In its pleadings, the coalition asserts that the president violated the law by appointing, nominating, empowering, and mandating individuals at his absolute whim and discretion.
Odinga desires that the Commission of Inquiry Act, which was used by the president to form the commission of inquiry into the Shakahola tragedy, be declared unconstitutional, null, and void, as it violated the constitution and contributed to compromising the impartiality of judicial officers, who may be influenced by the appointments to render favorable rulings in cases targeting the executive.
Odinga argued that the president undermined the authority of the judiciary by appointing lady justice Jessie Lesit as the commission’s chair, as the judge did not have the approval of either the Chief Justice or the Judicial Service Commission.
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In addition to the fact that the commission of inquiry is a lower court than the court on which the judge is required to sit, Lesit will work under the control and direction of the president, which compromises her independence because she will be required to sing to the president’s tune.
In addition, Azimio feared that the presence of lady justice Lesit on the commission. Would affect the administration of justice, as she might preside over a case involving the individuals she was investigating.
Azimio also questioned why the president established the commission of inquiry. When the senate had already established a similar ad hoc committee presided over by Tana River Senator Danson Mungatana.
After being denied access to the burial site in Shakahola. Odinga read a hoax alleging that the government was attempting to control the narrative and conceal details of the investigation.
In addition to usurping the powers of the Judiciary. Azimio accused the president of undermining the authority of the investigative and prosecution agencies. The Public Service Commission, the authority of parliament, and the ombudsman’s office, among others.
Azimio Challenges President Ruto’s Shakahola Commission
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