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Disagreements as Ruto, Raila teams differ on 2022 election audit

 Kalonzo Musyoka

Wiper Party leader Kalonzo Musyoka (left) confers with National Assembly Majority leader Kimani Ichung'wah  during the National Dialogue Committee proceedings at Bomas of Kenya on September 28, 2023.

Photo credit: Wilfred Nyangaresi | Nation Media Group

What you need to know:

  • Kenya Kwanza team says audit of election results must cover all elective seats.
  • The bipartisan talks team is expected to hold talks on the cost of living on Tuesday.

The talks team formed by President William Ruto and opposition Azimio la Umoja One Kenya coalition leader Raila Odinga goes to Nakuru for a week-long retreat a standoff over contentious items.

The Nation has been informed that the 10-member National Dialogue Committee is divided on the scope of the audit of the August 9, 2022 presidential election.

The poll audit is being demanded by the opposition team.

President Ruto’s Kenya Kwanza has agreed to the demand but on condition that the audit be extended to all elective seats.

The criteria of picking two additional members to the Independent Electoral and Boundaries Commission (IEBC) selection panel is also contested by the two camps.

The talks team had agreed to increase the membership from seven to nine.

The law provides that the selection team comprises a man and a woman nominated by the Parliamentary Service Commission (PSC), two persons picked by the Inter-Religious Council of Kenya and one each by the Law Society of Kenya (LSK), Public Service Commission (PSC) and the Political Parties Liaison Committee (PPLC).

Also threatening to throw a spanner in the works is the minority leadership dispute in the National Assembly.

The opposition accuses Speaker Moses Wetang’ula of frustrating the efforts to implement changes to its parliamentary leadership, citing the row in the removal of nominated MP Sabina Chege as Deputy Minority Whip.

Azimio la Umoja One Kenya had settled on Embakasi West MP Mark Mwenje as Ms Chege’s replacement, but the decision has not been implemented because of a court case.

According to the schedule, the dialogue committee would subject some of the contested issues, including audit of the election results, cost of living, IEBC restructuring, to negotiations.

What lies ahead for talks as Ruto, Raila clash over US envoy

“Good afternoon Mheshimiwa. The National Dialogue Committee is scheduled to hold a working retreat starting October 22 to 27 at the Sarova Woodlands Hotel in Nakuru,” a text message sent to one of the members of the team and seen by the Nation says.

“Transport has been arranged. The vehicles will be departing Parliament at 3pm on October 22, 2023.”

The team will discuss the synopsis of submissions by the public and review the memoranda and stakeholder submissions among other issues on Monday morning.

In the afternoon, the team chaired by Wiper Party leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wah will subject the audit of the presidential election for negotiations.

The technical team is expected to make a presentation to the committee, spelling out suggestions on the possible frameworks and scope of the audit.

The members will later have 30 minutes for plenary.

A member of the talks team told the Sunday Nation that the committee has had general agreements but is yet to delve into specifics.

The member who spoke off record, said Kenya Kwanza has complicated the issue by demanding that the audit be extended to all the elective positions.

“The ruling Kenya Kwanza coalition insists that the audit be extended to the other seats. We have no problem with that so long as a credible audit firm is contracted,” the opposition alliance member said.

“We have made it clear that the audit should cover the process as well as the outcome. We want to know what was fed to the server and what came out. We also want to know the role of election officers in the process.”

The team will hold talks on the cost of living on Tuesday, according to the schedule.

Azimio unsuccessfully demanded interim measures in containing the rising cost of living.

The cost of living has been exacerbated by the constant increase in prices of petroleum products, now retailing at more than Sh200 a litre.

The team has listed fidelity to political parties and multiparty democracy for negotiations on Wednesday.

Disagreements are expected due to the standoff in the National Assembly over minority leadership.

Mr Odinga’s Orange Democratic Movement (ODM) has also raised issues with frustration in its efforts to punish rebel lawmakers.

The party says President Ruto’s continued dialiance with the rebels shows lack of commitment by the ruling alliance.

ODM chairman John Mbadi said the opposition team hopes the ruling alliance stops protecting the rebels once the agreement is made.

“We expect them to bite the bullet and stop meddling in the affairs of other parties. The dialogue must affirm fidelity and respect to political parties,” Mr Mbadi said.

“We expect anyone who violates the Political Parties Act to seek for fresh mandate once this agreement is approved by Parliament.”

The ODM rebels are Kisumu Senator Tom Ojienda, and MPs Mark Nyamita (Uriri), Elisha Odhiambo (Gem), Gideon Ochanda (Bondo), Paul Abuor (Rongo), Phelix Odiwuor “Jalang’o” (Langata) and Caroli Omondi (Suba South).

Jubilee Secretary-General, Jeremiah Kioni, yesterday threatened to pull out of the talks if the minority leadership row is not resolved.

“It is the Speaker who refused to implement the decision of Azimio. He played around with the issue until they were able to obtain a court order in the wee hours. We are not going to take this anymore,” Mr Kioni said.

He added that Mr Mr Wetang’ula “is helping facilitate Sabina” at the expense of implementing a court order to have her replaced.

“They have not overturned the ruling but hope to get one by Monday,” Mr Kioni said.