President William Ruto and Azimio leader Raila Odinga have suffered a setback in their quest to implement the National Dialogue Committee report.
This follows a High Court sitting in Kiambu which suspended the implementation of the report pending the hearing of a suit filed by activist Michael Muchemi.
The activist argued that the implementation of the report and giving the parliament authority to process the content of the report would plunge the country into a constitutional crisis.
"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 Dora Chepkwony stated.
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Muchemi, in his argument before the Kiambu court, indicated 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.
Specifically, he noted that issues arising from Presidential Elections cannot be solved through the report dealing a blow to Raila and Ruto.
He 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.
"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 told the Court.
Following his suit, the court 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.
