The High Court has suspended the implementation of the National Dialogue Committee (NADCO) report pending the determination of a case filed by an activist. National Dialogue Committee co-chairs Kimani Ichungwa and Kalonzo Musyoka sign the bipartisan talk agreement. Muchemi argued that the Supreme Court has exclusive rights to determine disputes related to the election of the head state as provided under Article(3)163(a) of the constitution. In her ruling, Lady Justice Dora Chepkwony certified the petition by Micheal Muchemi as urgent and granted orders restraining the National Assembly and Senate. “Upon considering the grounds on the face of the application together with the affidavit sworn it is hereby ordered that the application be and is hereby certified as urgent and that the application be and is hereby allowed. This means that the process that began in parliament to implement the report stops forthwith,” Lady Justice Chepkwony ruled. She ordered Muchemi to serve parliament and Attorney General Justin Muturi with the court papers for an inter-partes hearing on Tuesday, April 16. Subscribe to watch new videos Why is Muchemi against NADCO report According to Muchemi, the report is a direct challenge to the Kenyan Constitution as it seeks to conduct an election audit outside the law. He observed that the audit goes against established procedures, creating uncertainty and negatively impacting electoral preparations, reforms and voter education. In his petitions, the activist urged the courts to have the chapter on auditing the 2022 Presidential Election completely removed from the report. “That in light of these issues, it is imperative that Chapter Two (para 203-263) of the Report of the 1st Respondent, proposing an audit of the 2022 Presidential Elections, be expunged from the Report for being unconstitutional,” he said. Muchemi warned that unless the court intervenes and addresses the concerns, the constitution may be amended through an illegal process.
by Didacus Malowa
