Tana River Senator Danson Mungatana has explained why he is against the National Dialogue team initiated by President William Ruto and Opposition leader Raila Odinga.
According to the senator, the talks are not premised in the constitution and are therefore illegal.
He insisted that the Constitution of Kenya clearly states steps one should take whenever they feel an election did not meet the required standard for dispute resolution and that is the courts.
He said once the courts make a decision, one is expected to play his opposition role, and that is what should be happening.
"The premise against which these talks were created, I personally don't agree with the whole discussion because it is not provided for within the constitution," Mungatana said.
"This thing they are creating now is something that is not within the constitution. But politics being politics, it is being done."
The Senator noted that such talks, in mature democracies can happen between political parties without going through the legislature.
He added that they can happen anywhere, as long as the political divides have an agreement.
"It is political party to political party. Those discussions can happen anytime, anywhere and they can agree on something, which can then be fed to members of parliament and senators to have it established properly in law," he added.
Mungatana's remarks come after the talks teams through parliament adopted the National Dialogue Committee (NDC) and sent the same to the Senate for adoption.
The Senate is set to hold a special sitting to adopt the NDC.
The NDC is led by National Assembly majority leader Kimani Ichung'wah from the Kenya Kwanza side and Wiper leader Kalonzo Musyoka from the Azimio side.
The NDC is expected to recommend appropriate legal and policy reforms on issues affecting Kenyans in line with the constitution and respecting functional and institutional integrity of state organs.
Kenya Kwanza had initially raised reconstitution of the IEBC, implementation of two-thirds gender rule, the entrenchment of the Constituency Development Fund and the establishment, entrenchment of the Office of the Leader of the Opposition and embedment of the Office of Prime Cabinet Secretary as the items for discussion.
Azimio named the cost of living, audit of the 2022 presidential election results, restructuring and reconstitution of the IEBC. It also wants interference with political parties by the executive discussed.
