Stalemate as Jubilee threatens to pull out of IEBC talks

The ongoing talks by the Joint Committee of Parliament on the fate of the Independent Electoral and Boundaries Commission (IEBC) could collapse.

Jubilee has threatened to pull out of the talks beginning tomorrow unless three conditions sent to the Coalitions for Reforms and Democracy (CORD) are met in writing.

Elgeyo Marakwet Senator Kipchumba Murkomen, a member of the joint committee, told The Standard on Sunday that Jubilee is unable to proceed with what he described as “malicious and insincere” directions the talks have taken.

“We are in agreement that we shall not proceed with further sittings in the committee until the demands we have made are met in writing. We will not participate in a process whose outcome is predetermined and whose only purpose is to discredit the government and destabilise the country,” said Murkomen.

The Jubilee team wants a written commitment from the leadership of CORD that they will support a peaceful resolution arrived at through a parliamentary process, that the members of the opposition coalition in the joint committee will cease coercing participants into accepting their agenda and a clarification from CORD Principal Raila Odinga that he is indeed interested in negotiations based on good faith.

Murkomen said the list of demands have been sent to the committee leadership and that Jubilee is awaiting a response from CORD.

“Based on the latest behaviour of CORD members in the committee and the public utterances of their leader, we now believe that CORD, and particularly Raila, was never prepared for a peaceful parliamentary process. Raila was caught by surprise, he only conceded to our call for a parliamentary process due to pressure from church leaders and diplomats. We now fear that grounds are being set for Raila to reject the outcome of the committee and that of the 2017 elections so that he can force a nusu mkate arrangement,” said Murkomen.

With just slightly over a year to the general election, the stalemate could have costly repercussions on the preparations for the polls. The stalemate could also give cause to the recurrence of street demonstrations which had a heavy cost on the economy. On Thursday, former Prime Minister Raila Odinga warned that failure to reach an acceptable solution to the IEBC debacle will push CORD back to the streets.

Gatundu South MP Moses Kuria, who is also a member of the committee, said it has become impossible to work towards a peaceful settlement as CORD has erected five stumbling blocks, which he said has sunk the talks into deep levels of malice and deceitfulness.

“It has become clear to us that CORD is no longer interested in the ongoing negotiations. They are using the committee as an appellate court on the 2013 presidential petition by the Supreme Court and are demanding a negotiated settlement for IEBC commissioners yet nobody has shown any wrong done by the electoral commissioners. We know they want the process to fail so they can invoke section 251 of the constitution and have a tribunal established and therefore derail the general election as scheduled.”

“The other stumbling blocks are demonising the electoral register and a demand for the constituency returning officers to announce presidential results as final results ostensibly as a safeguard against cooking of figures. They also want political parties to nominate commissioners and all selection panels for constitutional office holders.”

The Standard on Sunday has established that CORD has rejected the demands, saying the opposition will not respond to them. In what could complicate matters, Gem MP Jakoyo Midiwo said there are clear signs that Jubilee was never interested in the negotiations in the first place.

People’s process

Midiwo further said CORD’s position has been that elections will “never” be held until there is a negotiated electoral process.

“We knew they were not interested in the talks, but we will force them. Tell them the country will never be the same again. We will show them the resolve we have. We have stopped them from buying us. There will never be elections without a process that is properly negotiated,” said the National Assembly Deputy Leader of Minority.

“Things will never be the same. There is nothing like demands, nobody will talk to them. Raila is not a parliamentarian, why do they want him to talk to them? Tell them we would rather fight now but agree on how to live together. The moment they put Kuria there, we knew the talks were going nowhere,” he said.

Kakamega Senator Bonny Khalwale, who is also a member of the joint committee, dismissed Jubilee’s demands, saying: “What is going on is a Kenyan people’s process. It is not a coalition’s affair. Let me confirm to you that we will be there on Monday (tomorrow) and remain strictly faithful to the mandate of the committee.”

Apart from Murkomen, the other Jubilee members in the committee are Senators Kiraitu Murungi (co-chair, Meru),and Beatrice Elachi (Nominated) and MPs Naomi Shaban (Taveta), Mohammed Mohamud (Mandera West) and Jimmy Angwenyi (Kitutu Chache North).

CORD is represented by Senators James Orengo (Siaya), Johnson Muthama (Machakos), Mutula Kilonzo Jnr (Makueni) and MPs Eseli Simiyu (Tongaren), Junet Mohamed (Suna East) and Mishi Mboko (Mombasa County).

In the meantime, Kuria says, preparations for the 2017 polls should continue as scheduled.

“We need commitment in writing that CORD is committed to a just and amicable process that will ensure a free and fair elections. In the meantime, I have requested National Treasury Cabinet Secretary to release all funds due to IEBC immediately to aid the necessary preparations for the general elections scheduled for August next year,” said the MP.