The government has suffered a blow after the High Court temporarily suspended the Commission of Inquiry into Shakahola deaths.
The Justice Jessi Lessit-led commission will know its fate on Monday when Justice Lawrence Mugambi will deliver a substantive ruling on the case filed by Azimio la Umoja coalition.
Raila, who is challenging the formation of the commission, through his lawyer, Paul Mwangi sued the state saying the appointment of the members of the commission by President William Ruto is illegal and unconstitutional.
The opposition leader accused the Head of State of undermining the authority of the National Intelligence Service under Article 242 of the Constitution of Kenya.
“The formation of the Commission of Inquiry Into the Shakahola Tragedy is a usurpation of the powers and undermining of the authority of the Senate which has already commissioned an ad-hoc Committee to investigate the Shakahola Massacre whose mandates have been duplicated,” the petition stated.
On May 5, President Ruto appointed a commission of inquiry into the Shakohola deaths and religious organisations through a gazette notice.
Lady Justice Jessie Lessit will chair the commission, together with sevens others namely Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua, and Jonathan Lodompui.
Additional reporting by Ruth Wamboi