The High Court has ruled that the commission investigating the Shakahola tragedy is illegal, following a legal challenge by Azimio La Umoja One Kenya.
They argued that President William Ruto’s appointment of the commission, which included a judge, violated the principle of separation of powers.
Justice Lawrence Mugambi delivered the court’s decision, stating that the President’s action in establishing the commission was unconstitutional.
The court specifically objected to the provision allowing the President to appoint a judge to such a commission, citing concerns about judicial independence.
President Ruto had appointed an eight-member commission last year, with Lady Justice Jessie Lesiit as its head, through a gazette notice.
The commission’s mandate was to investigate the Shakahola tragedy, in which 448 people died under the leadership of Paul Mackenzie, who claimed they were preparing to meet Jesus.
The ruling marks a significant development in Kenya’s legal landscape, highlighting debates over the limits of executive authority and the independence of the judiciary.
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