Azimio la Umoja leader Raila Odinga has threatened to move to court to stop the move by President William Ruto to constitute a Commission of Inquiry into the deaths in Shakahola.
Ruto on Friday through a gazette notice constituted a commission of Inquiry to dig facts about the death and burial of more than 112 people whose bodies were buried at Shakahola Forest.
The commission is led by Lady Justice Jessie Lessit.
Speaking at a burial ceremony in Kilifi South Constituency, Kilifi County Raila said the new Constitution allows only Parliament to establish a subordinate court or an independent tribunal through an Act of Parliament.
The opposition leader further said only the Judicial Service Commission can determine who to serve in such a tribunal, saying the President no longer has powers to make such decisions.
“The President no longer has power to make any determination of the constitution of a court or an independent tribunal nor who sits in judgement in such court or independent tribunal . The concept of a Judicial Commission of Inquiry appointment by the President is unconstitutional in Kenya since 2010” he said.
The commission of inquiry on the Shakahola massacre will establish the circumstances in which they occurred, inquire legal, institutional, administrative, security and intelligence lapses that contributed to the tragedy and recommend specific action against those found culpable for the offenses.
The President further instituted a taskforce to review the legal regulatory framework governing religious organizations in Kenya.
Meanwhile, the government Saturday resumed exhuming bodies from the Shakahola forest.
Three female adults were rescued bringing the number of survivors to 61.
