High Court Tosses Out Petition Challenging National Dialogue Committee

A petition challenging the constitutionality of the National Dialogue Committee (NADCO) has been tossed out by the High Court.

In his ruling, Justice Mugambi determined that the case was premature, citing that the court’s jurisdiction has been sought to apply a ruling on a non-existent dispute.

“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 formed to quell tensions between the opposition and the ruling Kenya Kwanza government after the hotly contested 2022 general election.

Since its formation, the committee, chaired by National Assembly Majority leader Kimani Ichung’wah and Wiper Party leader Kalonzo Musyoka, has faced turbulence, with activist Michael Muchemi arguing that the dialogue committee threatens the country’s rule of law.

In the petition challenging its constitutionality, the petitioners were aggrieved by the fact that Parliament established the committee to gather views that might bring about substantial amendments to the Constitution.

The petitioners also contended that the NADCO committee failed to enact legislation under Article 94 (1), which states 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 concerns that a section of the report calling for an audit of the 2022 General Election results falls outside the constitutional framework, as it cannot overturn the decision made by the Supreme Court.

Further, the petitioner also highlighted that only the Supreme Court has the authority to adjudicate disputes and decide elections.

However, Justice Mugambi quashed all the petitioners’ concerns, stating in the ruling that the committee only intended to gather views generally and that concerns about an amendment to the constitution were speculative.

Following the latest court ruling, Kenyans will now wait anxiously to see the government and opposition’s next move, especially after the shift in the political landscape since Lady Justice Dora Chepkwony initially suspended the NADCO report, which was under consideration by Parliament in April 2024. 

The suspension of the report came with ripple effects, with tensions once again rising between the Kenya Kwanza government and the opposition. Kalonzo was particularly vocal against Ruto’s government as he accused some elements in the Kenya Kwanza regime of devising plans to sabotage the full implementation of the NADCO report through the courts.