Kalonzo-Led NADCO Saved By High Court Following Petition
The High Court rejected a petition challenging the constitutionality of the National Dialogue Committee (NADCO).
In his decision, Justice Mugambi stated that the case was premature, citing the court’s authority being sought to apply a verdict on a non-existent disagreement.
“The petitioners want the court to determine a non-existent controversy. The court has no business engaging in premature adjudication of disputes. The doctrine of ripeness applies in this case,” Justice Mugambi’s ruling read.
The National Dialogue Committee was established to ease tensions between the opposition and the incumbent Kenya Kwanza administration following the contentious 2022 general election.
Since its inception, the committee, chaired by National Assembly Majority leader Kimani Ichung’wah and Wiper Party leader Kalonzo Musyoka, has met controversy, with activist Michael Muchemi claiming that the dialogue committee endangers the country’s rule of law.
The Supreme Court of Kenya has rejected a petition challenging the constitutionality of the National Dialogue Committee ruling the case premature The committee formed to ease tensions after the 2022 elections continues to spark political debate #SupremeCourt #NationalDialogue pic.twitter.com/BY0hSAWjk8
— Kenya Coverage (@Covera_geKe) December 16, 2024
The petitioners who challenged its constitutionality were upset because Parliament constituted the committee to gather views that could lead to significant modifications to the Constitution.
The petitioners further claimed that the NADCO committee failed to pass legislation in accordance with Article 94 (1), which reads that ‘The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.’
There were also worries that a component of the report calling for an audit of the 2022 General Election results violates the constitutional framework because it cannot reverse the Supreme Court’s judgment.
Furthermore, the petitioner emphasized that only the Supreme Court has the ability to adjudicate conflicts and decide elections.
However, Justice Mugambi dismissed all of the petitioners’ objections, stating in the verdict that the committee’s main intention was to gather broad views and that concerns concerning constitutional amendments were speculative.
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Following the new court verdict, Kenyans will be waiting to see what the government and opposition will do next.
This follows a shift in the political scene since Lady Justice Dora Chepkwony initially halted the NADCO report, which was scheduled for discussion by Parliament in April 2024.
The report’s suspension caused rippling consequences, with tensions between the Kenya Kwanza government and the opposition growing once more.
Kalonzo was particularly vocal against Ruto’s government, accusing some members in the Kenya Kwanza regime of developing measures to sabotage the full implementation of the NADCO report through the courts.
Kalonzo-Led NADCO Saved By High Court Following Petition
