The High Court has invalidated a gazette notice issued on May 4, 2023, by President William Ruto, which established a commission of inquiry into the Shakahola Tragedy.

Justice Lawrence Mugambi ruled that the President’s action undermined the powers of other constitutional bodies and state organs. He emphasized that the President can only exercise powers and responsibilities specifically granted to him, and cannot assume powers designated to other branches or independent offices.

The case, filed by Azimio last year, named the President, the National Intelligence Service (NIS), the Director of Public Prosecutions (DPP), and the Speaker of the National Assembly, among others, as respondents.

Azimio argued that forming the commission undermined the NIS’s authority to investigate intelligence lapses related to the tragedy, asserting that only the NIS is responsible for security intelligence. They also contended that only Parliament can establish a subordinate court or independent tribunal through legislation.

President Ruto had appointed Justice Jessie Lessit to lead the commission. However, Justice Mugambi found Section 3 of the Commission of Inquiry Act, which allows the President to appoint a judge without restriction, to be unconstitutional. He agreed with Azimio’s argument that this provision threatens judicial independence and violates the principle of separation of powers.

Despite Head of Public Service Felix Kosgei’s affidavit claiming that the President consulted with the Chief Justice before appointing Justice Lessit, Mugambi noted that Section 3 of the Act does not mandate such consultation.

The commission’s mandate was to investigate the deaths, torture, and inhumane treatment of members of the Good News International Church, and to examine the factors leading to the rise of such extremist religious institutions. This prompted Azimio’s petition, resulting in the court’s decision to quash the commission’s establishment.