Revealed: The 2017-2022 Raila-Kalonzo MoU

ODM leader Raila Odinga shakes hands with Wiper leader Kalonzo Musyoka during Wiper Party National Delegates Congress at Kasarani Indoor Arena on November 25, 2021. [Wilberforce Okwiri, Standard]

Under pressure to clear public perception that he is the spoiler in the much anticipated Azimio la Umoja and OKA coalition, Kalonzo Musyoka has for the first time disclosed the contents of his 2017-2022 MoU with Raila Odinga.

In a document dubbed ‘NASA DEAL’ Kalonzo claims the MoU was a binding agreement between them on how they would share power pact during the said period.

“This memorandum is a binding legal agreement between Raila Odinga (hereinafter Principal H) of Orange Democratic Movement (ODM) and Kalonzo Musyoka (hereinafter Principal Q) of Wiper Democratic Movement (WDM) in the context of the National Super Alliance (NASA), the grand opposition coalition,” reads part of the document seen by The Standard.

Kalonzo said the commitments made in the document were binding him and Raila in both the 2017 and 2022 elections.

"According to the document, the parties agreed that Principal H (Raila Odinga) be NASA's presidential nominee and that Principal Q (Kalonzo Musyoka) will be his running mate,” read the document.

“This agreement will remain valid until the 2022 elections whether or not NASA wins the 2017 presidential elections,” read part of the document.

It also read, “This agreement shall be executed in quadruplicate with one original copy for Mr Musyoka, one original copy for Prof Kivutha Kibwana, and one original for Prof Makau Mutua.”

Kalonzo said as per the agreement, Prof Mutua's original copy was the final, true, authentic, and dispositive copy of the agreement in case of a dispute.

As a result, Prof Mutua was granted exclusive rights and duties to publicly disclose the agreement in the event Raila and Kalonzo or both cause an irreparable material breach to it.

“Prof Mutua will be the sole depository for this agreement. This agreement shall only be publicly divulged with the consent and concurrence of all the parties, to wit, Mr Odinga, Mr Musyoka, Prof Kibwana, and Prof Mutua. Except that Prof Mutua shall have the exclusive right and duty to publicly disclose the agreement in the event Principal H or Principal Q, or both, cause an irreparable material breach of this agreement,” it read.

The document said an "irreparable material breach" shall mean a repudiation, reneging, a violation, or an ouster in any way of any of the Articles of Agreement hereunder.

In the MoU, Raila was to serve as the NASA presidential candidate with Kalonzo as his running mate whereafter, Raila would in public agree to serve one term and endorse Kalonzo for Presidency for the 2022 election.

“Principal H agrees that after three years in the presidency, he shall delegate substantial national duties to Principal Q and largely concentrate on international duties,” the document read.

According to the deal, Raila and Kalonzo agreed that the delegation of substantial national duties to Kalonzo after three years was not to be made public as part of the signed agreement.

As a result, Raila also agreed to share campaign resources, especially funds, with Kalonzo for the duration of the 2017 election.

The duo also agreed to publicly address rallies throughout the country and especially in Nyanza, Western, Eastern, Rift Valley and Coast regions to explain the pact to the people.

“This would assure that the pact is not a private understanding between Raila and Kalonzo but a social contract between them on the one hand, and the people of Kenya, on the other,” the document revealed.

The said agreement was to be effective immediately upon the date of signature by Raila, Kalonzo, Kibwana, and Prof Mutua on April 30, 2017.

Kalonzo while addressing the media this morning, said he was ready to begin fresh negotiations with Raila but he should either abide by the terms of the live binding, legal agreement and thereby emerge as a true, national, regional and indeed continental democratic hero or he chooses to act in utter defiance and denial of the said agreement.

He said he had tried several times to have Prof Makau Mutua convene a meeting between him and Raila in his capacity as the depository of the document but instead, Makau stands in breach of his obligation under the agreement since he has joined Raila's campaign team.

“By accepting the nomination of the Orange Democratic Movement to run as president for the 5th time, I believe my brother Raila Odinga has committed an irreparable material breach of this Agreement….. attending the ODM delegates Conference at which my brother was named a presidential candidate would have meant acquiescence of the impugned breach,” Kalonzo said.

Kalonzo said although he was ready to work with Raila ahead of the August 9, polls, he welcomes President Uhuru Kenyatta to head fresh negotiations since he has the authority and the current head of state.