Editor's Review

"The president has no powers to make any determination of the constitution of a court."

ODM Leader Raila Odinga has moved to court to challenge President William Ruto's appointment of a commission of inquiry into the Shakahola massacre.  

Through his Lawyer Paul Mwangi,  the ODM leader accused the president of usurping the powers of Parliament in naming the commission. 

“We reiterate that only the Judicial Service Commission is empowered by the constitution to recruit qualified persons to serve in tribunals," court papers seen by Nairobi Leo read in part. 

"The president has no powers to make any determination of the constitution of a court or an independent tribunal nor who sits in judgment in court or independent tribunal.”  

Raila at the same time faulted the president for naming Justice Jessie Lessit the chair of the commission alleging that the appointment lacked the blessing of the judiciary. 

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Justice Jessie Lessit was named chair of the Commission of inquiry. PHOTO | FILE

"The Head of State contradicted the Constitution and contributed towards tilting the impartiality of judicial officers who may be enticed by the appointments and thereby give favourable rulings on cases targeting the executive," Raila argued.

The ODM Leader is accusing the President of usurping the powers and undermining the authority of the Judiciary, the National Police Service, the Director of Public Prosecution, the public service commission, the national assembly, the National Intelligence Service, the Independent Police Oversight Authority,  the Kenya National Commission on Human Rights, the Commission for Administration of Justice and of the Senate.

Raila now wants the appointments of the commission of inquiry quashed.

In a gazette notice, the head of state said Lady Justice Jessie Lessit will chair the commission, together with seven others.

The members of the commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua, and Jonathan Lodompui.

Others are Frank Njenga, Wanyama Musiambu and Albert Musasia.

The commission will also have joint secretaries Oliver Karori and Rachel Maina.

It will also have Kioko Kilukumi as its lead counsel, assisted by Vivian Nyambeki and Bahati Mwamuye.