Wiper party leader Kalonzo Musyoka (left) and National Assembly Majority Leader Kimani Ichung’wah during the signing of the bipartisan talks framework agreement on August 29,2023.
Lawmakers will on Thursday begin debate on the National Dialogue Committee (Nadco) report even as opposition leader Raila Odinga is taken in circles by the government over reconstitution of the electoral commission.
President William Ruto’s allies have revealed a scheme to use the bipartisan report as a bait to blackmail Mr Odinga into backing some of the controversial government policies, including the Housing Levy.
The President’s allies are seeking to ride on the recent High Court ruling that directed the Independent Electoral and Boundaries Commission (IEBC) selection panel to ignore the Nadco report and proceed with hiring of the electoral commissioners to frustrate Mr Odinga’s demand for the involvement of Azimio la Umoja One Kenya in the exercise.
On Tuesday, the House Business Committee of the National Assembly scheduled the debate on the Nadco report, but some Kenya Kwanza MPs indicated that they will only back the report on condition that the opposition MPs also back the Affordable Housing Bill, 2023.
“These (Azimio MPs) are the same individuals who vociferously protested when the government hinted at disobedience of court orders. Now, these Azimio characters threaten to disown the reconstitution of IEBC, despite the courts they champion having approved the reconstitution process,” said Kiambu Senator Karungo Thang’wa.
“I will lobby like-minded senators and MPs not to discuss or permit the tabling of the Nadco report until, firstly, the IEBC selection panel is allowed to proceed with its mandate and, secondly, the affordable housing programme is reactivated,” he added.
Mr Odinga and his allies have made their rejection of the Housing Levy public. The coalition’s efforts to have it scrapped during the talks were rejected by the Kenya Kwanza side led by National Assembly Majority Leader Kimani Ichung’wah.
On IEBC, the Nadco report recommended reconstitution of the panel by expanding its membership from the current seven to nine. But in a recent press statement, the panel chaired by Nelson Makanda said it will proceed with the recruitment following the court ruling. The team has since held a meeting with National Assembly Speaker Moses Wetang’ula in search of funds to facilitate their activities.
According to Azimio, President Ruto has to consult Mr Odinga before having the final list of nominees submitted to Parliament for vetting.
“There are those issues that we agreed and in fact on that (IEBC) we agreed on the principle of consultation with the leaderships of our coalitions. William Ruto and Raila Odinga will have to sit and agree on names of individuals to serve as commissioners. That was a very important achievement for us,” Wiper leader Kalonzo Musyoka, who led the Azimio team in the talks, told the Nation in an earlier interview.
But Kenya Kwanza has dismissed this assertion.
Senate Majority Whip Boni Khalwale was cryptic, saying the opposition is paying for their political miscalculations. He argued that when Parliament made a decision to form the selection panel, members of Azimio walked out of debate instead of sitting through the session to push their interests.
Instead, the senator said, the opposition opted to participate in Nadco, which has proven to be a “waste of public resources and Kenyans hopes”.
“The more things change, the more they remain the same. Let's face it, Azimio should be serious and should make up their mind on at least one thing,” said the Kakamega senator.
National Assembly Deputy Speaker Gladys Shollei said the existing selection panel was constituted pursuant to the law.
“Unless you amend the law, actually the panel should proceed as is. There are urgent matters that need to be dealt with. Saying that the decision of who becomes the chairperson must be made between Raila and Ruto is wishful thinking,” said Ms Shollei.
She added: “We moved away from a politically instigated constitution of IEBC to a neutral one. We don’t want to go back to the situation which precipitated the 2007 post-election chaos after many political players were involved in the picking of the commissioners.”
But Azimio has strongly rejected this position.
“We will not allow Kenya Kwanza to unilaterally nominate IEBC commissioners yet we had talked and agreed that Raila and Ruto to agree on who will be the chairperson of the commission,” said Mr Musyoka on Friday while addressing mourners in Kitui.
This latest development rekindles past frustrations during similar negotiations with past presidents. Just like in past post-election talks in which he made concessions only to be shortchanged, Mr Odinga has once again been left vulnerable.
The development further gives credence to previous remarks by some of his current and former allies portraying him as a weak negotiator.
President Ruto yielded only to the demand for a bipartisan reconstitution of IEBC. Mr Odinga’s other demands on lowering cost of living were all rejected, with the President having his way in nearly all his demands, including creation of the Office of the Leader of Official Opposition and entrenchment of the Office of Prime Cabinet Secretary.
Mr Odinga’s close ally and National Assembly Minority leader Opiyo Wandayi has since warned Kenya Kwanza against having the selection panel go on with recruitment. He said the coalition was aware of some underhand push to have the panel proceed with the exercise.
He warned of another round of street protests should the commission be reconstituted outside the Nadco framework.
