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Fate of the National Dialogue Committee (Nadco) hangs in the balance following High Court decision to stop implementation of the report after a petitioner raised concerns regarding its contents.

Yesterday, the Orange party leader Raila Odinga led his team in dismissing the court orders. He criticised the Judiciary for being controlled by the Executive and contravening the Nadco report, terming it unconstitutional.

“We have heard that the High Court ordered suspension of implementation of the National Dialogue Committee report. This is a clear indication that the Judiciary is being controlled by powerful Executive personnel who do not have good will for its citizens. This is a deliberate scheme to go against what was agreed on at the Bomas,” Raila said.

His sentiments came even as insiders within ODM said the court’s decision could see the entire process stopped, which is dangerous for the country.

The insiders who did not want to be named, accused powerful individuals in Government of being behind filing of the petition. “This decision is very dangerous. It will have serious effects because this entire process is likely to be stopped,” a source who sought anonymity said.

He added: “We know some people in the Executive all long have been unhappy with this process and we are sure they are the ones behind it. Soon and very soon we will be giving further details on this.”

On Sunday, Wiper leader Kalonzo Musyoka faulted the High Court for halting implementation of the Nadco report. Kalonzo, who was also Nadco co-chair, termed the orders by Lady Justice Dora Chepkwony as State-sponsored. “This is a deliberate scheme to go against what was agreed on at the Bomas.

The Kenya Kwanza regime has never had goodwill and faith and this is the problem. This State-sponsored court action must stop,” Kalonzo said.

Decision of the court comes hardly a month after the Azimio la Umoja coalition yesterday named three people to sit in the panel that will audit the 2022 presidential election. Azimio nominated former Attorney-General Amos Wako to head the Opposition team as well as former nominated Senator Judith Pareno and forensic investigator Julius Njiriani to join him as member.

Panel is supposed to have six-member, three nominated by the Kenya Kwanza side and three by the Opposition.

Kenya Kwanza is yet to make public names of persons to sit in the panel
The names were given to National Assembly Speaker Moses Wetang’ula by Leader of Minority Opiyo Wandayi.

Reputable firm

Wandayi, in the letter, asked Wetang’ula to speed up the process of setting up the team that will scrutinise results of the 2022 presidential election.

Panel is jointly required to appoint a reputable firm or a consortium of firms to undertake the exercise and in case there is no agreement on the joint appointment, each side of the panel shall appoint a reputable firm to undertake the evaluation and coordinate the process.

“I have written to the Speaker conveying the names of the three persons who will be our members in the panel. Now pursuant to the said report (Pg.73 par 263(a)) I wish on the behalf of the Azimio la Umoja One Kenya Coalition to appoint the following persons to the Panel for the Evaluation of the 2022 Electoral Process: Hon Amos Wako, EGH-Team leader, Hon Judith Pareno, Julius K. Njiraini. Kindly facilitate the inauguration of the full panel for a speedy execution of its mandate,” Wandayi said.

On Thursday last week, a High Court sitting in Kiambu suspended implementation of the report pending hearing and determination of a case following the petition. Petitioner told the court that any attempts to have Parliament process contents of the Nadco report would plunge the country into an unprecedented constitutional crisis.

Lady Justice Dora Chepkwony issued orders suspending implementation of the report that is before Parliament after the petitioner claimed the report is a direct challenge to the rule of law as it seeks to conduct an election audit outside the constitutional framework.

“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 the process that began in Parliament to implement the report stops forthwith,” Chepkwony.

The Nadco report states that the evaluation of elections is important in ensuring that voting systems operate accurately, that election officials comply with laws, regulations and internal policies, identify weaknesses and set benchmarks for future performance.

In addition, it states that the audit will help build confidence in the election administration process and credibility of the results and electoral management body.