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Court halts 2022 elections audit
The push by the Opposition to audit the 2022 presidential polls has been dealt a blow after the court put brakes on the process, endorsed by parliament.
The High Court blocked Parliament from appointing a panel to audit the August 2022 presidential election as proposed by the National Dialogue Committee in its report, pending the determination of a petition filed by a human rights defender.
In a report, Justice Dora Chepkwony certified the case by Francis Muruthi Ndegwa as urgent and granted orders restraining the National Assembly and Senate from implementing Chapter Two of the report, which calls for an audit of the presidential election.
The judge directed Mr Ndegwa to serve parliament and Attorney General Justin Muturi with the court papers for an inter-partes hearing on April 16.
President William Ruto and Azimio la Umoja One Kenya Coalition leader Raila Odinga hammered a deal last year brokered by former Nigerian President Olusegun Obasanjo following the countrywide protests that saw the demonstrations halted and a dialogue committee formed.
The committee co-chaired by National Assembly majority leader Kimani Ichung’wah and former vice president Kalonzo Musyoka was formed in August 2023 to resolve a political crisis occasioned by street demonstrations.
Nadco concluded its report on November 25, 2023 and submitted it to Parliament for consideration.
Last month when parliament resumed its sittings after a long recess, the recommendations of the report were adopted by members and a joint committee of the Justice and Legal Affairs tasked to guide the legislation of the nine Bills. The opposition leadership has however accused the government of lack of good will in the implementation of the report, after two meetings of the joint committee aborted due to quorum hitch and failure to name members to the audit committee.
In his petition, Francis Muruthi Ndegwa said the presentation of the report as it is, poses a direct challenge to the rule of law as it seeks to conduct an election audit outside the constitutional framework. He added that the procedures will create uncertainty and negatively impact electoral preparations, reforms, and voter education.
However, Raila has maintained that auditing of the elections will cure future electoral malpractices and give closure.
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