BY SAM ALFAN.
President William Ruto has suffered a setback after the High Court invalidated the Tribunal he appointed to probe the Shakahola tragedy.
High Court Judge Lawrence Mugambi said the President overstepped his mandate by assigning duties to the tribunal that rightly belonged to constitutional bodies.
The Judge issued an order to quash the Kenya Gazette notice No 5660 published on May 4, last year that purported to establish the Commission of Inquiry into the Shakahola tragedy. The tribunal was to be chaired by Appellate Judge Jessie Lesiit.
“A declaration is hereby issued that to the extent that Section 3 of the Commission of Inquiry Act gives the President unrestrained discretionary power to appoint a serving Judge to the Commission of Inquiry undermines the principle of separation of powers and is a threat to the independence of their Judiciary,” Justice Mugambi said.
The Judge dismissed an assertion by the Head of Public Service, Felix Kosgey, that President Ruto had consulted Chief Justice Martha Koome before appointing Justice Lesiit to head the tribunal. “The scheme of things signified by Section 3 of the Commissions of Inquiry Act has no place in the present constitutional dispensation,” Justice Mugambi pointed out in the 70-page judgment.
The Judge allowed the petition lodged by Azimio La Umoja One Kenya Coalition on May 8, last year following public uproar of the shocking Shakahola tragedy.
“I am satisfied that the President assigned the Commission of Inquiry into the Shakahola tragedy a mandate that the Constitution specifically set aside for independent constitutional bodies and offices. The President has no authority to do so,” the Judge said.
“It is the finding of this court that Section 3 of the Commissions of Inquiry Act is a relic of the imperial presidency, is not aligned with the current constitutional values and principle on separation of powers and independence of the Judiciary. It is unconstitutional, null and void,” the Judge said.
By establishing a tribunal with parallel mandate, the Judge reasoned, the Head of State had virtually undermined power and authority guaranteed to independent public bodies.
Paul McKenzie Nthenge, the key suspect in the Shakahola deaths, was arrested on April 15, last year. The police launched investigations after members of the public volunteered information.
Interior Cabinet Secretary, Kithure Kindiki, by Kenya Gazette notice No 52 and 53, declared the expansive Chakama Ranch an operation zone. Public access was restricted and search and rescue efforts were launched by the police.
The Senate reacted by setting up an ad hoc committee on April 27, las year to investigate proliferation of religious organizations. Senate Speaker Amason Kingi accompanied the Committee, led by Senator Danson Mungatana, to the Chakama Ranch on April 30.
