'It is illegal,' Court told as petition filed to stop National Dialogue Committee talks at Bomas

'It is illegal,' Court told as petition filed to stop National Dialogue Committee talks at Bomas

National Dialogue Committee chairpersons Kimani Ichngwa Kalonzo Musyoka. PHOTO| COURTESY

Three petitioners have moved to court to challenge the ongoing bi-partisan talks being undertaken by the National Dialogue Committee (NDC), claiming that the entire process is unconstitutional.

The petitioners argue that there was no public participation in the establishment of the committee, adding that the dialogue process happening at Bomas of Kenya is majorly dominated by the political elite who want to push for constitutional reforms to satisfy their personal political interests.

The three Kenyans, Issa Elanyi Chamao, Patrick Karani Ekirapa and Paul Ngweywo Kirui argue that the National Committee co-chaired Majority Leader Kimani Ichngwa na Azimio coalition Co-Principal Kalonzo Musyoka is exercising authority not delegated by the Constitution or statute.

“There was no public participation to enable ordinary Kenyans to understand and fully participate in the process. This is also evidenced by the way the Committee has restrictively framed the issues of concern without allowing room for other issues from Kenyans," reads the petition.

According to the petitioners, the public will lose at least Ksh.100 million in paying for the expenses of the committee and its members.

“Committee is already incurring public funds in its sittings, remuneration of the technical teams, consideration of the memoranda, conducting the public hearings and the compilation of the Report. It is reported that it will incur up to Ksh.100 million of public funds in the illegal sittings,” reads the court documents.

The petitioners want the court to stop the operations of the Committee and issue a structural interdict order that requires Parliament to enact legislation to guide consideration of constitutional questions that are before the National Dialogue Committee.

They argue that the committee attempts to consider issues for the amendment of the Constitution and relegated its core mandate of considering the high cost of living to the periphery.

They argue that if the National Dialogue Committee is not restrained, then public resources will be wasted in a process that they argue is void and unconstitutional.

Through lawyer Peter Wanyama, the three also want the court to certify the matter as urgent and matter be referred to the Chief Justice for empanelment of a three-judge bench.


Bomas of Kenya National Dialogue Committee

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