The government and opposition have struck a compromise to revive stalled bipartisan talks and avert protests planned for today, even as the factions separately closed ranks on contentious proposals.
Yesterday, the Raila Odinga-led Azimio la Umoja One Kenya called off today’s protests after Kenya Kwanza withdrew Eldas MP Adan Keynan from its bipartisan talks team.
In the National Assembly earlier, Azimio and Kenya Kwanza had closed ranks on proposals to change the constitution to create the offices of the Leader of Official Opposition and Prime Minister.
Last evening, Wiper leader Kalonzo Musyoka made the initial offer that they were ready to stand down the demonstrations provided their political rivals ceded to their demands.
“We in Azimio la Umoja One Kenya announce, on a without prejudice basis, that we are prepared to go back to the bipartisan talks with our opposite side in Kenya Kwanza and are prepared to stand down the demonstration scheduled for tomorrow, Thursday, May 4, provided that Kenya Kwanza recuses Adan Keynan from the bipartisan committee and immediately announces his replacement,” he said.
Keynan replaced
In a swift rejoinder, Kenya Kwanza leadership in Parliament responded by removing MP Keynan from the committee. In his place, Saku MP Dido Raso was picked.
“As we have always stated, we are willing to bend backwards for the sake of the progress of the country, national unity, and stability of the nation,” said National Assembly Majority Leader Kimani Ichung’wa.
Rarieda MP Otiende Amollo, the committee’s co-chair, said they are now ready to resume the discussions. “Our objection to Keynan was a matter of principle and we were clear from the word go on this issue,” he said.
ODM Secretary-General Edwin Sifuna, a member of the bipartisan committee, said they welcome the move by Kenya Kwanza.
“Political processes are dynamic and so it is not anything unusual. All in good time, we will know more. Let us leave it at that but the last thing people would want is things that spook, disrupt or undermine a process,” former Laikipia Governor Ndiritu Muriithi said.
Azimio coalition team led by Azimio Negotiation team Chairperson Otiende Amollo (centre) addressing the press after the Kenya Kwanza and Azimio coalition bipartisan talks at Crown Plaza Hotel, Nairobi on April 25, 2023.
While Mr Ichungw’a and Minority Leader Opiyo Wandayi supported calls to establish the opposition leader and prime minister offices, they differed on the route to amend the Constitution to create them.
The two leaders were presenting their views to the National Assembly’s Petitions committee on a petition by Victor Okul to amend the constitution to introduce the offices of Prime Minister, Deputy Prime Minister and Official Leader of Opposition to cure the “winner takes it all” problem blamed for conflict after every election.
Inclusivity, national unity
Mr Ichung’wa in his written submission supported the petition, saying it is timely and will enhance inclusivity and promote national unity by providing greater representation of different regions and communities in government.
“The idea of creating the office of the Leader of Official Opposition above and beyond mere minority parliamentary leadership makes tremendous sense in terms of institutionalising governance, strengthening oversight and deepening democracy,” Mr Ichungwa said.
The Kikuyu MP explained that following the promulgation of the constitution in 2010, candidates seeking to contest the presidential seat are locked out from vying for parliamentary seats.
“This effectively locks out the leader of the minority side from meaningful political participation and they are now left to rely on the minority House leadership to perform the function of oversight,” Mr Ichungw’a said.
From left: Kakamega Senator Boni Khalwale, Bomet Senator Hillary Sigei, Tharaka MP George Murugara and Nominated Senator Essy Okenyuri address journalists after Kenya Kwanza and Azimio bipartisan talks at Crown Plaza Hotel in Nairobi on August 25, 2023.
He pointed out that the creation of the office of the opposition leader will be well placed to provide checks and balances to the government of the day in line with Article 10 of the Constitution.
Mr Wandayi said Azimio is ready to support the creation of the offices only if the changes are subjected to a referendum. The Ugunja MP told the committee that the proposal as contained in the petition alters the composition of Parliament and its functions hence, according to Article 255 of the constitution, which requires a referendum.
“An amendment with such far-reaching proposals must be taken to the people for approval,” Mr Wandayi said.
In his proposal, Mr Wandayi wants the runner-up in a presidential election to sit in Parliament as leader of the opposition. He also told the committee that Parliament can decide to have the leader of the second largest party in the House take up the office.
In his petition, Mr Okul has asked MPs to consider amending the constitution to create the new offices as initially proposed in the Bomas draft.
In December last year, President William Ruto wrote to the Speakers of both the National Assembly and Senate to consider a constitutional amendment to set up the office of the leader of the opposition. The proposal is currently being considered by the Justice and Legal Affairs committee.
Mr Odinga has previously threatened to oppose a Bill seeking to establish the office and termed President Ruto’s proposal hypocritical since he opposed the Building Bridges Initiative that had similar proposals. BY DAILY NATION