High Court Rules President Ruto’s Shakahola Commission of Inquiry Illegal
By Esther Waithera
In a significant legal development, the High Court in Kilifi has declared that President William Ruto’s establishment of a commission of inquiry into the Shakahola massacre was unlawful. Justice Lawrence Mugambi ruled that the president exceeded his authority by creating a commission to perform functions reserved for independent constitutional bodies.
On July 12, 2024, Justice Mugambi stated that President Ruto had no legal grounds to delegate court mandates to a newly formed commission, as these responsibilities fall under established independent constitutional commissions and offices. “The president should respect the specific mandate given to the independent offices and commissions under the Constitution. He cannot create extra-constitutional bodies to undertake functions that belong to agencies established by the Constitution,” Mugambi said in his judgment.
The commission, which was appointed by President Ruto on May 4, 2023, and led by Justice Jessie Lesiit, was tasked with investigating the deaths of followers of the Good News International Church in Kilifi County. Pastor Paul Mackenzie, a central figure in the investigation, was arrested on April 15, 2023, following the exhumation of bodies from a forested area in Kilifi.
The court’s decision underscores that the president’s role does not extend to creating ad-hoc bodies for investigative purposes when existing constitutional mechanisms are in place. Justice Mugambi’s ruling highlights the principle that general executive powers cannot override specific constitutional mandates.
Additionally, the Interior Cabinet Secretary Kithure Kindiki had previously declared Chakama Ranch in Kilifi a “disturbed area,” a move associated with the broader security concerns surrounding the Shakahola investigation.
This landmark ruling challenges the extent of presidential authority in creating investigative bodies and reinforces the legal boundaries set by the Constitution.
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