The proviso that any contentious issues arising from the ongoing talks between the ruling Kenya Kwanza and the opposition will be decided by Parliament could be a poisoned chalice for Azimio.
The Star has established that the framework agreement adopted by both sides of the political divide gives Parliament the last say on the report of the ten-member committee, especially on areas where there is no consensus.
This means President William Ruto could still use his parliamentary majority to bulldoze his way to the disadvantage of the Opposition chief Raila Odinga's Azimio brigade.
A senior Azimio leader well versed with the ongoing talks described Clause 36 of the agreement as “a hot potato” that might be invoked to the detriment of the Opposition.
The official, who spoke in confidence, argued that once any report is brought to Parliament the House becomes superior and can easily effect any changes it deems fit
“Even on the agreed issues, why do they think the House might not actually vote them out? What is to prevent it?” the official posed.
The framework agreement provides that once the National Dialogue Committee headed by former Vice President Kalonzo Musyoka and Majority Leader Kimani Ichung'wah finalises its work, the report will be tabled in Parliament.
While the committee ring fenced issues they have agreed on from any amendments by Parliament, the same is lacking for unresolved issues.
This technically gives Parliament the mandate to make a decision.
“Where the committee reaches a consensus on an issue in consultation with the coalition structures, the relevant part of the final report and proposals shall be ring fenced from amendment,” the agreement states.
“The final and the proposals of the committee shall contain a list of agreed issues and those not agreed upon.”
Kenya Kwanza currently enjoys a near super majority in the both Houses of Parliament and can easily mobilise to amend the report in their own fashion.
Gatundu South MP Gabriel Kagombe on Thursday told the Star that MPs will not only determine the contentious issues but will debate and make necessary adjustments.
The Kenya Kwanza lawmaker maintained Parliament cannot be muzzled and being the voice of the people will have the final word on the report.
“Nobody can muzzle Parliament and tell us not to discuss issues. You cannot say there are people who have powers that can tell Parliament there are issues they cannot touch,” Kagombe said.
“Parliament will have the last word on this. Parliament will have a final word on this thing take it from me,"he emphasised.
The details emerged just a day after the two camps agreed that any coalition is free to table for talks any issue they deem important.
This essentially opened the door for the Raila camp to present issues such as the cost of living and the auditing of the 2022 presidential polls that the Ruto team had initially vowed would not be discussed.
However, it now means the issues could be shot down in the floor of Parliament by the Ruto troops.
The two sides will also discuss how new IEBC commissioners will be hired.
There are 179 MPs allied to Kenya Kwanza in the National Assembly compared to 157 MPs allied to Azimio.
However, recently Ruto has raided the opposition coalition poaching dozens of MPs to his side, expanding his tally to 231 MPs in the National Assembly.
In the senate, Ruto’s coalition controls more than half of the 69 senators.
Observers are now warning the wording of the document may work against Azimio given its dwindling numbers in the two Houses following realignments that followed the 2022 General Election.
Governance expert Javas Bigambo averred that the bipartisan talks are all meant to contain the opposition chief and have him out of the streets for the longest time.
The Ruto-Raila talks are being pushed by the international community that saw fFormer Nigerian President Olesegun Obasanjo pitch tent in Kenya for days.
Kenya has been teetering on the brink for months as the opposition mobilised their supporters on the streets to push the government to reduce the cost of living.
Bigambo said the framework agreement is not only a plus for Ruto but a good instrument that will serve the President's interests.
“I think the quick and unexpected agreement on the five agenda items is a plus for Kenya Kwanza because it was a quick way of containing Raila Odinga and Azimio because they had possibly anticipated some resistance from the side of Kenya Kwanza. They have not seen that resistance as all their issues have been accepted for negotiations,” Bigambo said on phone.
“The dialogue team agreeing on the agenda is part of the strategy on the part of the government to contain Raila Odinga.”
Kiambu Senator Karungo wa Thang’wa told the Star that the House will treat the committee’s final report just like any other parliamentary cCommittee report.
Ordinarily, Parliament debates and make changes to all reports by its various committees.
“It is like an ad hoc committee of the House. They must bring a report and it will be up to Parliament to adopt the report or not,” Thang’wa said.
But Vihiga Senator Godfrey Osotsi downplayed the matter, saying the House has many mechanisms of reaching consensus on unresolved issues.
The ODM senator said Parliament can even subject the sticking issues to public participation to get a middle ground.
“Parliament has internal mechanisms for consensus, maybe where there is no consensus they will come back to the House for more discussions to gain the consensus that is required,” he said.
“Maybe through public participation, those mechanisms are available.”