Petitioners Challenge National Dialogue Committee’s Constitutional Authority in Kenya

Three individuals, Issa Chamao, Paul Kirui, and Patrick Ekirapa, have approached the court challenging the constitutionality of a ten-member national dialogue committee. The petitioners assert that the exclusive power to amend the Constitution should not be vested solely in politicians, as they fear this could pave the way for potential misuse.

According to the petition, filed through Peter Wanyama advocates in the constitutional and human rights division of the Milimani courts, the trio is concerned that politicians, given their history, might prioritize their personal agendas over the nation’s interests. They argue that any proposed amendments to the Constitution must genuinely reflect the collective will of the Kenyan people, achieved through a comprehensive and inclusive consultation process in line with the Constitution’s standards.

Furthermore, the petitioners contend that the national dialogue committee is overstepping its bounds in attempting to modify the 2010 constitution. They are urging the judiciary to halt the committee’s proceedings immediately and mandate the parliament to craft a legislative framework that can assess constitutional inquiries currently overseen by the national dialogue committee.

They reference Article 256 of the Kenyan Constitution, which establishes the authority for constitutional amendments through parliamentary mechanisms. By extension, Articles 1(2) and 1(3) entrust the sovereign power to the Parliament. Based on this, the petitioners argue that Parliament cannot transfer this immense responsibility to entities like the National Dialogue Committee or any external body.

The petition also emphasizes Parliament’s fiscal duties as per Article 201 of the Constitution. They express concerns about the financial implications of the National Dialogue Committee’s operations, estimating that it could consume up to Kshs. 100 million from public coffers for what they deem as “illegal sittings.”

Furthermore, the petitioners draw upon Article 2(2) of the Constitution, which states that state authority can only be exercised if explicitly sanctioned by the constitution. They argue that the committee’s actions border on illegitimacy.

Additionally, the petitioners request the court to ensure the swift execution of the constitution, specifically regarding the constitution of the IEBC (Independent Electoral and Boundaries Commission), so that crucial commission activities are not impeded. They believe that this move would facilitate the timely establishment of the IEBC, allowing ample time for preparations for the 2027 general elections through a comprehensive consultation process.

It’s noteworthy to mention that the dialogue committee, which is addressing grievances the opposition has against the ruling party, has commenced its activities. Following a framework agreement inked on August 30, the committee was given a span of 60 days to conduct discussions and submit its findings to Parliament.

The committee consists of representatives from two major political factions: the Kenya Kwanza Alliance Party and the Azimio Coalition. The former includes delegates like majority leader Kimani Ichungw’ah, Embu Governor Cecily Mbarire, and Kericho Senator Aaron Cheruiyot, among others. In contrast, the Azimio Coalition boasts of leaders such as wiper leader Kalonzo Musyoka, leader of minority Party Opiyo Wandayi, and Nyamira senator Okong’o Mogeni, to name a few.