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Monday, May 29, 2023 –Blow to Government after the High Court sitting in Nairobi made orders stopping recently constituted Commission of Inquiry into Shakahola massacre.
On Monday May 29, the court suspended the Jessie Lessit-led commission from continuing with the exercise which it described as illegal.
Justice Lawrence Mugambi ruled that the Azimio coalition has tabled pertinent concerns that required attention first before the exercise at Shakahola could continue.
In his Monday noon ruling, Justice Mugambi reminded government that it was illogical to send more than three teams to investigate a single matter.
For instance, he listed the Police, Senate and the Kenya National Human Rights Commission KNHCR who were already looking into the death cases at Shakahola.
And speaking on financial implications to the tax payer, Judge Mugambi noted that public money would go into a waste by running an outfit whose role had been duplicated.
That the Lessit Commission was going to use more public funds for their months-long activities whose outcome remains unknown.
“It is in the public interest to allow the Commission of Inquiry to start its sitting at the expense of the public before the resolution of the constitutional challenges presented. My answer is that it is not,” the Judge ruled.
Therefore, Mugambi ruled that no further sittings by the commission should take place until final judgement is made on the matter.
In the matter, Azimio’s lawyer Paul Mwangi wanted Justice Jessie Lessit excluded from the proceedings arguing that she also sits in the Judicial Commission, and therefore, could be compromised as she had been selected to lead the commission whose formation and composition the coalition had opposed.