The rival coalitions yesterday scrambled to craft a roadmap to implement the political settlement between President William Ruto and opposition leader Raila Odinga with priority on constitution of the bipartisan committee.
Last night, the two sides were locked in separate meetings to pick their representatives to the team that will formulate the terms of references, including how to unlock the stalemate over the recruitment of electoral commissioners.
An ally of Mr Odinga said the President’s camp rejected any discussion on the opening of poll servers to audit last year’s presidential election but were open to talks on other grievances, including reconstitution of IEBC, lowering cost of living and poaching of opposition lawmakers.
“Servers may be the make or break of the planned talks,” said the source, even as the parties raced to lay the groundwork for dialogue after opposition protests saw three killed, dozens injured and business disrupted.
Reinstatement of four electoral commissioners forced out of office on accusations that they attempted to block Dr Ruto’s path to victory is another demand by Mr Odinga’s Azimio la Umoja One Kenya Coalition, which has threatened a resumption of protests in a week if the talks are not fruitful.
The Nation learnt that Prof Makau Mutua represented Mr Odinga at the talks with Kenya Kwanza that brokered the truce and drafted the statement.
Yesterday, unconfirmed reports however stated that President Ruto and Mr Odinga had a telephone conversation on Saturday night that was followed up with a meeting on Sunday that also involved former President Uhuru Kenyatta. But some sources in government and opposition disputed these meetings.
According to a government operative, the President’s side rejected the call for a round table discussion with Mr Odinga. Another issue that President Ruto and his deputy Rigathi Gachagua rejected was the compromise for a hybrid government. It was not immediately clear from what quarter this proposal had come from given Mr Odinga’s camp has insisted it was not interested in joining the Kenya Kwanza government.
The government’s argument was that the Azimio council—which Mr Kenyatta chaired before he left power and on which Mr Odinga, Mr Kalonzo Musyoka and Ms Martha Karua sit—should back creation of an office of official opposition leader in Parliament to exercise more political authority.
To signal the urgency of the matter, President Ruto yesterday hosted Kenya Kwanza parliamentary leadership at State House, Nairobi.
“We have asked the parliamentary leadership of both Houses to consider our proposal for a bipartisan approach to addressing the matters raised by the opposition as a priority,” President Ruto said after the meeting. “We are convinced the issues shall be conclusively handled by Parliament in order to allow us focus on our economic transformation programme.”
Consequently, Mr Odinga’s camp also began the consultative process following his counter proposals on Sunday and is today expected to suggest names to the committee.
“We are meeting to make a decision on the composition of the committee and shall definitely give a statement once we are done,” DAP-K leader Eugene Wamalwa told the Nation.
National Assembly Majority Leader Kimani Ichung’wa yesterday disclosed that whereas his side was also yet to decide on the names of members to sit on the committee, they were ready for the talks as a matter of priority.
“We have agreed on how we will work towards establishing a framework to realise consideration of the proposals and counter proposals from the opposition,” Mr Ichung’wa said.
The bipartisan approach, he noted, would probably include an ad-hoc committee since there is no standing committee that would look at the issues in the proposal and counter proposal by Mr Odinga.
“Therefore, it will not be up to the House leadership to decide on what happens on the proposals. The House leadership in consultation with our party leaders will give the framework and composition of the adhoc committee (s) to handle the underlying issues.
National Assembly Minority Leader Opiyo Wandayi said the Azimio team will stick to its counter proposals made by Mr Odinga on Sunday.
“Our leader made a statement yesterday which was clear and unequivocal. We are neither adding nor subtracting anything from it. So we stick by that,” Mr Wandayi said.
The elephant in the room rests with how the ongoing selection process of the electoral commissioners shall be handled. It is a legal mechanism that is self-propelling.
Last week, the selection panel closed the window for applications from Kenyans seeking to be members of the IEBC. It is now in the process of long listing before shortlisting individuals for interviews.
But Mr Wandayi insisted that the panel has now been overtaken by events, something that could lead to litigations.
“It is no longer relevant. That panel is now overtaken by events,” Mr Wandayi quipped.
But Mr Ichung’wa noted that the panel was established pursuant to amendments to the IEBC Act and the law will have to be followed to handle it.
“As at when we will agree on the route to take, it will definitely have an implication on the work of this selection panel. But I think the panel is not acting under the guidance of parliamentary leadership. When that time comes, if whatever will be agreed on will affect their work, then we shall engage with them formally,” he said.
National Assembly Minority Whip Junet Mohamed said the Azimio leadership in the two Houses will have a meeting today to deliberate on who sits in the bipartisan committee.
“The names will be proposed and agreed on and later tabled in the two Houses for concurrence. Once the names from the two sides have been approved, work will start immediately,” the Suna East MP said.
Attorney-General Justin Muturi said it is a good thing for people to come to the table and have a discourse for the sake of the people.
“It is good that everybody hears the other in a structured way and in an atmosphere that is not tension packed. It is the case of putting our best foot forward for the benefit of Kenyans, who we work for and not our own personal interests. Since it is a Kenyan problem, let’s not bring in foreigners because they may not understand the nitty-gritty of our issues,” Mr Muturi stated.
Vihiga Senator Godfrey Osotsi has suggested that the bipartisan committee should be chaired by an international expert, noting that Parliament could have trust challenges.
“For us, we would prefer a bipartisan arrangement outside Parliament chaired by an agreed international expert. We have the challenge of Parliament having been hijacked through auctioning of MPs so no one trusts Parliament,” Mr Osotsi told the Nation.
Another source in Mr Odinga’s camp said the committee should be structured akin to the 2008 committee that drew the National Accord that led to a truce between Mr Odinga and former President Mwai Kibaki.
“It should reflect the National Accord and have whatever has been agreed taken to Parliament only for adoption,” said Mr Osotsi.
At the same time, Mr Ichung’wa said the bipartisan approach to address issues raised by Azimio should not be misconstrued to mean President Ruto and Mr Odinga were headed for a Handshake.
“The move gives the government an opportunity to listen to the opposition in a structured manner with a view to addressing pertinent issues affecting Kenyans. It is an act of statesmanship,” said Mr Ichung’wa
The United States government also weighed in on the decision by the President and Mr Odinga to have their teams hold talks.
“We welcome the agreement by President Ruto and former PM Raila Odinga to establish a bipartisan process to find solutions that benefit all Kenyans,” US Ambassador to Kenya Meg Whitman said.
Reporting by Justus Ochieng, David Mwere and Roselyn Obala
