In an affidavit by Wiper party leader Kalonzo Musyoka, who co-heads the delegation, says that the petition is speculative, incompetent and unmerited.
According to Kalonzo, the petition is an abuse of court process and the court should not grant any orders sought, adding that the petitioners are merely seeking to disrupt an ongoing parliamentary process and prohibiting parliament from discharging its constitutional mandate.
“It’s misleading for the petitioners to suggest to seek to have the court issue court orders to direct parliament and the Dialogue Committee on its mandate and what it ought to consider or not,” reads the affidavit.
Kalonzo has also dismissed the allegations that the committee is misusing public funds, arguing that no audit has been provided by the petitioners to demonstrate misuse or wastage of any public funds and resources as alleged.
“Public interests outweigh the petitioner’s private interests and the public interests tilt in favor of the respondents,” reads court papers.
Kalonzo has asked the court to dismiss the petition.
In the case filed on September 29, three petitioners moved to court to challenge the ongoing bi-partisan talks being undertaken by the NDC, claiming that the entire process is unconstitutional.
The three, Issa Elanyi Chamao, Patrick Karani Ekirapa and Paul Ngweywo Kirui, argue that there was no public participation in the establishment of the committee, adding that the dialogue process is majorly dominated by the political elite who want to push for constitutional reforms to satisfy their personal political interests.
