Attorney General Muturi Dismisses Raila's Shakahola Case, Says Ruto Cannot be Sued

President William Ruto wants the court to scrap his name from the case earlier filed by Azimio boss Raila Odinga challenging the formed judicial commission tasked with probing the Shakahola cult deaths.  

Attorney General Justin Muturi has fired back at Mr Odinga with an affidavit which communicates that a sitting president is immune to court proceedings. He explained his viewpoint with a case in point, saying that Mr Ruto can exclusively be sued through him. He went ahead to dismiss Raila's case on account that it is not sufficient in explaining why the commission should be deterred from performing their assigned task. 

“We pray that the court strikes out the second respondent in respect to the Supreme Court’s judgment on the immunity of the sitting president,” Muturi said. 

Raila through his lawyer Paul Mwangi, filed a petition accusing the head of state of seizing the powers bestowed to Kenyans through institutions like the Judiciary, Independent Tribunals, the National Police Service and Parliament. He lamented that Mr Ruto's action displays him as the judge, the jury, and the executioner, therefore, curtailing any chance for a fair verdict.   

High Court judge Lawrence Mugambi instructed that the case will be heard on Monday ahead of further issuance of direction concerning the matter. He added that the case will be heard in an open court where each party will be given 15 minutes to respond.

Ruto created the commission chaired by Justice Jessie Lesit on May 4 through a Gazette notice. Other members of the commission include Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui, Frank Njenga, Wanyama Musiambo and Albert Musasia.