The National Dialogue Committee report's implementation has been suspended due to a significant lawsuit initiated by activist Michael Muchemi, currently under the jurisdiction of the High Court in Kiambu. 

The petitioner has raised a crucial point in the courts, warning of an unprecedented constitutional crisis that could ensue if parliament were to consider the recommendations outlined in the NADCO report.

Lady Justice Dora Chepkwony issued orders to halt the implementation of the report currently before parliament.

The petitioner, Muchemi, informed the high court that the NADCO's presentation and submission of the report in its current form to the national assembly directly challenges Kenya's legal system by attempting to conduct an election audit outside of the country's constitution.


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The petitioner has made it clear to the high court that the Supreme Court of Kenya holds exclusive jurisdiction over cases related to presidential elections, and its rulings are final. Therefore, no audit can use a constitutional or legal procedure to overturn or modify the Supreme Court's ruling.

The documents before the court note, "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."

Petitioner Muchemi says it is proper to issue temporary conservatory orders prohibiting the national assembly and the senate from implementing chapter two of the NADCO report, as doing so would lead to further violations of Kenya's constitution.


Lady Justice Chepkwony stated as follows: "It is hereby ordered that the application be and is hereby certified as urgent and that the application be and is hereby allowed, having taken into consideration the grounds on the face of the application along with the sworn affidavit. This implies that the legislative process to put the report into action has come to an immediate end."

Since then, the parties have been instructed to submit their written submissions no later than seven days after the responses were exchanged so that the application can be heard inter-parties on April 16, 2024.

Earlier this month, President William Ruto and Azimio Leader Raila Odinga demanded that the NADCO report be implemented as soon as possible.