A Kiambu court suspended the implementation of the National Dialogue Committee report pending a hearing and determination of a case filed by activist Michael Muchemi.
Muchemi told the courts that any attempts to have Parliament process the contents of the NADCO report would plunge the country into an unprecedented constitutional crisis.
Lady Justice Dora Chepkwony issued orders suspending the implementation of the report that is before parliament.
Muchemi told the high court that the presentation and submission of the report as is, from the NADCO to the national assembly poses a direct challenge to the rule of law in Kenya as it seeks to conduct an election audit outside the constitutional framework.
He further told the high court that the Supreme Court of Kenya has exclusive jurisdiction to hear and determine disputes relating to the elections to the office of the president and its decision is final. Any audit at this point cannot change or reverse the decision of the Supreme Court through a constitutional and legal process.
“If this application is not treated as extremely urgent and certified as such, the underlying constitutional concerns raised in the pleadings below may remain unaddressed.”
Muchemi further adds that it is in the interest of justice that temporary conservatory orders be issued restraining the national assembly, and the senate from implementing chapter two of the report of the NADCO, failure to which will result in further breach of the constitution of Kenya.
In Justice Chepkwony said: “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.”
“That the application be and is hereby allowed in terms of prayers (2), (3), and (4) thereof pending the inter-parties hearing on 16th April 2024.”
She directed parties to file their respective written submissions within seven days of the exchange of responses that the application be heard inter-parties on April 16, 2024.
President William Ruto and Azimio Leader Raila Odinga had earlier this month called for a speedy implementation of the NADCO report without further delay.
The move is likely to take a political angle given the suspicion surrounding the report’s whole process.
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