Judge Lawrence Mugambi of the High Court issued an injunction restraining President William Ruto's intention to form the Commission of Investigations to look into the killings of the Shakahola people.
According to Mugambi, it wouldn't be considered in the public interest for the Commission to convene when Kenyans are aware that the Senate and the National Police are looking into the killings of Shakahola.
The judge points out that each of these organisations uses public funds.
According to him, it would not be wise for the Commission to begin operations in the face of legal claims that it will usurp the authority of other constitutional institutions.
Last week, the judge issued an order directing all parties to stick to the present situation until the court's decision today, in which he issued an injunction order prohibiting the commission from meeting.
The Azimio coalition filed the lawsuit in court and accused President William Ruto of undermining the Senate's authority given that the Senate had previously established an ad hoc committee with Senator Danson Mungatana as its chair.
The National Intelligence Service's authority to look into the intelligence gaffes in the story, according to the coalition, is being usurped and undermined by the formation of the probe. It emphasises that security intelligence is solely the NIS's responsibility.
It claims that only Parliament has the authority to create an independent tribunal or a subsidiary court by an Act of Parliament.
Judge Jessie Lessit of the Court of Appeals is in charge of the Commission.
Jonathan Lodompui, Eric Gumbo, Bishop Catherine Mutua, and Lady Justice Mary Kasango are the other members of the commission. The other three are Albert Musasia, Wanyama Musiambu, and Frank Njenga.
Early this month, Ruto established a panel of investigators to investigate the deaths of more than 200 people who are thought to have starved to death.
Hussein Mohamed, the presidential spokesman, disclosed the commission of inquiry to determine whether or not institutional or intelligence failures played a role in the fatalities.
Mohamed claimed that President Ruto had also appointed a task committee to assess laws affecting religious institutions.
