Court declines to expunge Ipoa, PSC from Shakahola case

Rescuers carry bodies retrieved from Shakahola forest in Kilifi County on June 16, this year. [Kelvin Karani, Standard]

The High Court on Friday declined to expunge two government agencies from a case filed to challenge the formation of a commission to probe Shakahola deaths.

Deaths of 427 people have been linked to controversial preacher Paul Makenzi, of Good News International Church, who is said to have lured his members into starving to death in the name of religious fasting.

Court rejected a plea by the Independent Police Oversight Authority (Ipoa) and Public Service Commission (PSC) to be removed from the case filed by Azimio.

Justice Lawrence Mugambi said it would be premature to remove Ipoa and PSC as the case filed by the opposition focuses on an alleged breach of the powers granted to them.

Azimio lawyers Paul Mwangi and Wangui Njoroge said it would be in vain to have Court of Appeal judge Jessie Lesiit-led commission proceed with sittings before a ruling is made.

Mwangi said taxpayers' money will have been spent before the court determines whether the commission should proceed or not.

Kenya National Commission on Human Rights backed Azimio in opposing the formation of the commission. KNHCR's lawyer Abdikadir Osman said the Shakahola probe would be usurping its powers to probe human rights violations and torture.

Azimio said allowing Justice Lesiit to sit in the commission will expose her to personal liability whenever the actions of the commission are questioned.