Court Suspends Implementation Of National Dialogue Committee Report


Court Suspends Implementation Of National Dialogue Committee Report

A High Court in Kiambu has halted the enactment of the National Dialogue Committee report awaiting the outcome of a petition filed by activist Michael Muchemi.

The petitioner informed the courts that any attempts to have parliament process the NADCO report would result in an unprecedented constitutional crisis.

Lady Justice Dora Chepkwony issued orders postponing the implementation of the report currently before parliament.


Petitioner Muchemi told the high court that the NADCO’s presentation and submission of the report as is to the national assembly is a direct threat to the rule of law in Kenya by seeking to conduct an election audit outside of the constitutional framework.

The petitioner went on to tell the high court that the Supreme Court of Kenya has exclusive authority to hear and decide disputes involving presidential elections, and that its decision is definitive. Any audit at this point cannot change or reverse the Supreme Court’s decision through a constitutional or legal process.

The court’s docket, in particular, states:  “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.”

Petitioner Muchemi goes on to say that it is in the interests of justice to impose temporary conservatory orders prohibiting the national assembly and the senate from adopting Chapter 2 of the NADCO report, which would result in a further violation of Kenya’s constitution.

In the above, Lady Justice Chepkwony stated:  “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.”

Parties have since been asked to file their respective written replies within seven days of the exchange of responses, and the application will be heard inter-party on April 16, 2024.

President William Ruto and Azimio Leader Raila Odinga had earlier this month urged immediate adoption of the NADCO findings.

In Other News: Lawyer Danstan Omari Raises Alarm Over Rashid Echesa’s Deteriorating Health While In Police Custody

Court Suspends Implementation Of National Dialogue Committee Report



Read more

Join our WhatsApp channel and be part of the community.

To join, simply click the link icon provided on our website.