Azimio has urged the High Court in Kiambu to lift its orders stopping discussion or implementation of the National Dialogue Committee (Nadco) report.
Azimio’s lawyer Arnold Oginga in the application filed before Justice Dola Chepkwony argued that there was a separate case filed by one Issa Chamai in Milimani court Nairobi over the same issue.
However, Oginga said, the judge in Nairobi declined to issue orders that were being sought. Justice Chepkwony heard that the case in Milimani is still active and is awaiting hearing.
The lawyer argued that there is a likelihood that the courts will issue contradicting orders.
“There is an imminent danger of different courts issuing different orders pertaining to the same subject matter and hence the applicant moves this court on a priority basis seeking intervention,” said Oginga.
In the case, Chamai named Nadco co-chairs Kimani Ichung'wah and Kalonzo Musyoka, and the team members.
Nadco was formed after the Raila Odinga-led Azimio coalition called off street protests last year over the high cost of living and alleged electoral injustices. The Nadco report was forwarded to Raila and President William Ruto after the Azimio and Kenya Kwanza teams reached consensus on various issues.
Following the submission of Nadco report, Azimio appointed former Busia Senator Amos Wako, former Nominated Senator Judith Pareno and a forensic investigation expert Julius Njiraini to the evaluation panel of the 2022 elections process.
However, Justice Chepkwony stopped the implementation of the recommendation for the Independent Electoral and Boundaries Commission (IEBC) to open the servers.
In the case filed by Francis Muruthi Ndegwa, Justice Chepkwony ordered that Parliament should not sit to discuss or adopt paragraphs 203 to 263 of the Nadco report on auditing the 2022 presidential election until the hearing and determination of the application.
At the same time, she ordered that the National Assembly and Senate cannot implement the recommendations on the audit and further barred the Clerks of the two Houses from processing the section on the audit.
“The application be and is hereby certified as urgent. The application be and is hereby allowed in terms of prayers (2), (3), and (4) thereof pending the inter-parties hearing on April 16, 2024,” ruled Justice Chepkwony last Thursday.
Muruthi claimed that the Supreme Court securitized the servers and found that Ruto had won.
He asserted that re-opening the servers for scrutiny would amount to a waste of time and money as no outcome can change or alter the apex court’s ruling.
Muruthi wants the court to expunge the entire section on audit of the 2022 presidential election.
“Therefore, the presentation of the report as is, from the first respondent to the second respondent (Parliament and Nadco) poses a direct challenge to the rule of law in Kenya as it seeks to conduct an election audit outside the constitutional framework. The said audit deviates from established procedures, creating uncertainty and negatively impacting electoral preparations, reforms, and voter education,” he argued.
