The High Court will on Monday next week rule on whether it will stop the judicial commission appointed by President William Ruto to probe the Shakahola deaths.
In the meantime, Justice Lawrence Mugambi said parties should maintain the status quo ahead of the ruling date.
This means the commission which is yet to start its sittings will have to wait for the court’s ruling.
On Monday, Lawyer Paul Mwangi representing Azimio took issue with Justice Jessie Lessit heading the commission.
He said her position in the Commission compromises the Judiciary.
“She can now be paid by the executive director while at the same time sitting in the Judiciary,” he said.
The Attorney General (AG) on the other hand said none of the Commission members have been enjoined in the proceedings.
Emmanuel Bitta told the court it is only fair to allow them to respond to the issues raised by Azimio before any orders are issued.
The National Assembly which is the third Respondent in the case shared the sentiments of the AG.
Two weeks ago, the High Court certified as urgent the petition filed by the Azimio coalition challenging the appointment of the judicial commission.
Azimio in its Court papers argues the move by President William Ruto is unconstitutional as it amounts to usurpation of powers vested in other state organs by the constitution.
The Justice Jessie Lessit-led commission has already been sworn in. The 8-member team vowed to diligently carry out their duties.