The High court has certified as urgent a petition filed by Azimio coalition challenging the appointment of a judicial commission to probe the Shakahola deaths.
Justice Hedwig Ong’undi directed the petition to be served on all respondents by May 11. The responses to the case are to be filed by May 18.
The matter will be mentioned on May 22 to confirm compliance and further directions.
Azimio argues that the move by President William Ruto is unconstitutional as it amounts to usurpation of powers vested in other state organs by the Constitution.
But the Justice Jessie Lessit-led Commission was already sworn-in on Tuesday evening.
The eight member team vowed to diligently carry out their duties. High court Presiding Judge Eric Ogola presided over the swearing-in.
The members of the Commission are Lady Justice Mary Kasango, Eric Gumbo, Bishop Catherine Mutua and Jonathan Lodompui. The others are Frank Njenga, Wanyama Musiambo and Albert Musasia.
Oliver Karori and Rachel Maina are the Commission's joint secretaries.
The team will also be served by Kioko Kilukumi as its lead counsel who will be assisted by Vivian Nyambeki and Bahati Mwamuye.
The mandate of the Commission of Inquiry is to mainly inquire into the deaths, torture and inhumane and degrading treatment of members of the Good News International Church at Kilifi's Shakahola Forest.
"The team will establish the circumstances under which the deaths and inhumane torture occurred," Ruto said in the gazette notice that announced the formation of the commission.
Azimio in its documents claims that President William Ruto is undermining 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 (NIS) to seek to investigate the intelligence lapses in the saga.
The opposition outfit explains that only the NIS is responsible for security intelligence.
It further 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.