High Court suspends implementation of National Dialogue Committee report.
High Court suspends implementation of National Dialogue Committee report: A high court in Kiambu has stopped the implementation of the NADCO Report pending a hearing and determination of a case filed by activist Michael Muchemi.
According to Petitioner Muchemi, the presentation and submission of the report as is, from the NADCO to the national assembly is a direct challenge to the rule of law in Kenya because it seeks to conduct an election audit which is outside the constitutional provisions.
Muchemi further cited that the Supreme Court of Kenya has exclusive jurisdiction to hear and determine any election dispute related to the office of the president and its decision is final.
Any other audit beyond this point cannot change or reverse the decision of the Supreme Court through a constitutional and legal process.
The petition read, “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.”
Notably, Muchemi outlined that temporary conservatory orders must be issued restraining the national assembly, and the senate from implementing chapter two of the report of the NADCO, contrary to which will result in further breaking of the constitution of Kenya
On her part, Justice Chepkwony ruled: “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.”
Also read KPLC Lists Areas To Experience Blackout on Saturday