- In the meantime, Justice Lawrence Mugambi said parties should maintain the status quo ahead of the ruling date.
- This means the commission which is yet to start its sittings will have to wait for the court's ruling.
Image: PCS
The High Court will on Monday next week rule on whether it will stop the judicial commission appointed by President William Ruto to probe the Shakahola deaths.
In the meantime, Justice Lawrence Mugambi said parties should maintain the status quo ahead of the ruling date.
This means the commission which is yet to start its sittings will have to wait for the court's ruling.
On Monday, Lawyer Paul Mwangi representing Azimio took issue with Justice Jessie Lessit heading the commission.
He said her position in the Commission compromises the Judiciary.
"She can now be paid by the executive director while at the same time sitting in the Judiciary," he said.
The Attorney General (AG) on the other hand said none of the Commission members have been enjoined in the proceedings.
Emmanuel Bitta told the court it is only fair to allow them to respond to the issues raised by Azimio before any orders are issued.
The National Assembly which is the third Respondent in the case shared the sentiments of the AG.
Two weeks ago, the High Court certified as urgent the petition filed by the Azimio coalition challenging the appointment of the judicial commission.
Azimio in its Court papers argues the move by President William Ruto is unconstitutional as it amounts to usurpation of powers vested in other state organs by the constitution.
The Justice Jessie Lessit-led commission has already been sworn in. The 8-member team vowed to diligently carry out their duties.
The members of the commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui.
The others are Frank Njenga, Wanyama Musiambu and Albert Musasia.
The commission will also have joint secretaries Oliver Karori and Rachel Maina.
It will also have Kioko Kilukumi as its lead counsel, assisted by Vivian Nyambeki and Bahati Mwamuye.
The mandate of the commission of inquiry will be mainly to inquire into the deaths, torture, and inhumane and degrading treatments of members of the Good News International Church.
"The team will establish the circumstances under which the deaths and inhumane torture occurred," the gazette notice said.
Azimio in its documents claims that President William Ruto is undermining the authority of the Senate considering that it had already formed an ad-hoc committee chaired by Senator Danson Mungatana whose mandate is of the same ‘shade and colour as the purported commission of inquiry mandates’.
The coalition says the formation of the inquiry is usurping and undermining the authority of the National Intelligence Service to seek to investigate the intelligence lapses in the saga.
It explains that only the NIS is responsible for security intelligence.
It asserts that only Parliament can establish a subordinate court or an independent tribunal through an Act of Parliament.
They want the court to declare that the President acted in contravention of the constitution by forming the Inquiry.