Fate of bipartisan talks still shaky as rifts persist

National Dialogue Committee co-chairs Kalonzo Musyoka (left) and Kimani Ichung'wah at the Bomas of Kenya, September 2023. [Dennis Kavisu, Standard]

The fate of the ongoing bipartisan talks appears shaky following differences that have persisted since the dialogue began in August.

At a press briefing on Friday, the National Dialogue Committee said they were yet to agree on contentious issues, some of which have previously threatened to derail the talks.

National Assembly Minority Leader Opiyo Wandayi and Embu Governor Cecily Mbarire said they had reached "consensus" on a number of issues, announcing a meeting planned for Wednesday, aimed at ironing the differences as the talks enter their second phase.

By then, the eight-member technical committee is expected to meet and harmonise the contentious issues, a task that has been unsuccessful so far.

The Sunday Standard has reliably learnt that the audit of last year's presidential election is the main sticking point in the talks. Raila Odinga's Azimio la Umoja-One Kenya is adamant that the audit, which involves having servers opened, must precede the recruitment of new electoral commissioners. 

On the other hand, President William Ruto's Kenya Kwanza Alliance still rejects the idea, insisting that the Supreme Court already conducted an audit of sorts. Earlier this week, the president's United Democratic Alliance said they would be open to an audit on the electoral process and not its result.

Other issues such as the respect for political parties are also causing friction within the 10-member committee, with both parties seeming to agree on the entrenchment of the National Government Constituency Development Fund (NG-CDF) in the Constitution.

But there are concerns within Azimio that the NG-CDF would only be possible in a parliamentary system, where the legislature is also in charge of Executive functions, a move that will require a referendum.

Such concerns stem from the Supreme Court's decision that the CDF Act of 2013 was unconstitutional as it infringed on the principle of separation of powers. A later version, the National Government Constituency Development Fund Act of 2015, also faces legal challenges.

The committee prioritised the reconstitution of the Independent Electoral and Boundaries Commission, auditing the presidential election and boundaries delimitation, outstanding constitutional matters, fidelity to political parties, the entrenchment of affirmative action and oversight funds in the Constitution and the establishment of the office of the leader of official opposition and legitimising the office of the prime cabinet secretary.

When they jointly issued the talks' five agenda items last month, inviting public views on the same, Azimio and Kenya Kwanza gave the impression that they had finally let go of their hardline stances before the differences emerged again as the discussions progressed.

"This has been one of the most consultative processes. We seem to have had convergence on a number of issues and we will focus on building consensus on the outstanding issues," Wandayi said.

"We will be working long hours and we are determined to build consensus within the set timelines but we will cross the bridge when we get there... we will also give time and consideration to issues brought before us that were not part of the five items we agreed on," said Mbarire, who added  the contentious issues would be divulged ahead of Wednesday's meeting.

"How can we say there is consensus when we are discussing the cost of living with the fuel prices still rising? How do we talk about respect in political parties when Kenya Kwanza is enjoying a false majority in Parliament? How do we discuss unity when people are dying in Sondu?" posed a source who requested anonymity.

Jubilee Secretary General Jeremiah Kioni was also pessimistic about the talks.