The court will on Monday next week hear the case filed by Azimio la Umoja Coalition leader Raila Odinga against President William Ruto's decision to form a Judicial Commission of Inquiry into the Shakahola tragedy.
Justice L.N Mugambi said the case will be heard in an open court where each party will be granted 15 minutes to respond to highlight its submissions.
"Further directions will be given on May 22, after the hearing of the application," Justice Mugambi ruled on Wednesday.
In his application, Raila argues that Ruto usurped powers vested in Kenyans through constitutional institutions including the Judiciary, Independent Tribunals, the National Police Service and Parliament.
Ruto created the commission on May 4 through a gazette notice after preliminary investigations showed that hundreds of people died mysteriously and were buried in shallow graves in Shakahola Forest in Kilifi.
By Wednesday, the death toll stood at 226 after 15 more bodies were exhumed.
However, Raila argues that by setting up the commission, the President overstepped his mandate.
Other than the police, Judiciary, Ipoa, Parliament, and Public Service Commission, Raila further argues that Ruto's actions undermine the office of the Director of Public Prosecution whose role is to prefer charges against suspects.
The Azimio leader said the Commission of Inquiry Act of 1992, which was revised in 2010 is unconstitutional, null and void as it granted the President powers to determine who will carry out judicial duties.
"Since the Senate has already established an ad hoc committee led by Senator Danson Mungatana whose mandates are identical to those of the purported Commission of Inquiry, this will be an overreach, usurpation of power and undermining of the Senate's authority," Raila said.
In the application filed on May 9 through lawyer Paul Mwangi, Raila asked the court to stop the functionality of the commission on grounds that it would be a fertile ground to jeopardise ongoing trial against the suspects.
"Therefore, it is against the Constitution to have established the Commission of Inquiry and into the Shakahola Tragedy," he said.
Respondents were given 14 days to respond to the application before the May 22 hearing date.
They include the President, Attorney General, Speaker of the National Assembly, the DPP, Police IG, NIS, KNCHR, PSC, Ombudsman and Ipoa.
