The handling of National Dialogue Committee (NADCO) report after approval by both houses of Parliament has exposed mistrust, contradictions and double speak that unite President William Ruto and Opposition Chief Raila Odinga.
What was initially a unity pact bringing together Kenya Kwanza and Azimio La Umoja is slowly developing cracks painting a picture of a deal built on quick sand.
Dark clouds have gathered over the ‘soft handshake’ even before the ink dries.
At the center of the disagreement is the recent legal headwind striking at the soul of the NADCO report.
The high court in Kiambu last week granted orders barring National Assembly and the Senate from proceeding with the process of debating and adopting the NADCO report pending the hearing and determination of the case.
The petition was filed by activist Michael Muchemi.
Opposition is also seeing the lull in the joint committee considering the NADCO report as another conspiracy to derail the implementation o the agreements.
According to Political Analyst Martin Andati, there was never any intention to implement the NADCO report from day one.
“There was no intention of doing anything about NADCO, the whole issue was to buy time and get Kenyans out of the streets which they did very well,” Andati told the Star.
“Nobody will bother about the implementation of the report because they achieved what they wanted. Kenyans are out of the streets, Raila has secured his interest he is going to AU he cannot turn around to call for demonstrations.”
Azimio have publicly accused the government of sponsoring court cases to derail the implementation of the report that amongst others recommends far reaching measures on the electoral body.
ODM Secretary General Edwin Sifuna accused state of sponsoring the court cases against the negotiated document.
“We note with concern what appear to be coordinated attempts to derail the implementation of the NADCO report,” Sifuna said after ODM Central Management Committee meeting chauired by Raila.
“It is becoming apparent that some if not all of these court cases are state sponsored.”
“If indeed elements in the regime are having a second thought regarding proposals they signed onto of their own volition, they should come out clearly to say so instead of sponsoring these cases.”
Kenya Kwanza has denied the accusations.
Wiper Leader and Kalonzo Musyoka and his DAP-K counterpart Eugene Wamalwa were the first to claim sabotage of the report last week.
Speaking hours after the Kiambu court made the ruling, Kalonzo called out the administration for double speak linking Ruto administration to the court case.
"High Court orders stopping the implementation of the National Dialogue Committee (NADCO) Report is State Sponsored. This is a deliberate scheme to go against what was agreed on at the Bomas of Kenya. The Kenya Kwanza regime has never had goodwill and faith and this is the problem in Kenya; the politics of lies all the time. This State Sponsored court action must stop," Kalonzo said.
But according to Governance expert Javas Bigambo, the too many centers of power in Azimio is another opposition’s undoing in dealing with Ruto.
“There are very many centers of power within Azimio that stopped nthem from having a united direction and interest, Karua , Kalonzo and ODM thinks they are the hearts of Atimio,” Bigambo told the Star.
“These difference centers of power and centers of energy are stretching the opposition beyond its capacity to hold, which means that they cannot strategically think.”
National Assembly Majority Leader Kimani Ichung’wah has however dismissed the sabotage claims explaining the ruling coalition is dealing in good faith and no dangerous card is under the table.
The Kikuyu MP Ichung’wah reaffirmed Kenya Kwanza’s goodwill to have the report implemented noting some crucial bills especially on the restructuring of the Independent Electoral and Boundaries Commission have already been published.
“I want to confirm that we have the goodwill to pass the NADCO report in the manner it was passed. There should be no worry about it,” he said.
He told off a section of leaders who have raised concerns about some of the bills saying the sections which have been stopped by the court have nothing to do with Kenya Kwanza.
“What other goodwill do we need when we in Kenya Kwanza signed the report? President Ruto and CS Linturi have given us subsidised fertiliser and now the prices of flour range between Sh103 to Sh120 downwards from Sh210,” said the MP.
The Kikuyu MP vowed to battle it out in the court.
“We shall face all challenges that have been raised by the courts and address them in the right manner in the courts…not at throwing words at each other, not pointing fingers at each other of not having goodwill or acting in bad faith,” he said.
Nadco – which ended weeks of deadly street protests – was committed to the National Assembly’s Justice and Legal Affairs Committee and Senate’s Justice, Legal Affairs and Human Rights Committee on March 6.
The joint team was given 45 days to deliberate and issue recommendations on how to handle the National Dialogue Committee report
But with 32 days the joint team has only managed climate setting meeting and two meetings to deliberate on the issue failed to take off due to quorum hitch.
“I am a member of JLAC of the National Assembly. Three meetings have been called and I attended all but we are yet to take off substantively," Rarieda MP Otiende Amollo told the Star.
“I thought there was a general appreciation that time was of the essence. I still maintain the position that time is of the essence. I am not sure that I am getting that sense of urgency from the co-chairs of the meeting.”
A meeting scheduled for March 13 was aborted after the committee failed to raise a quorum. Only members of the National Assembly turned up.
Another meeting scheduled one week later, March 20, also ended in a huff lasting a record five minutes.
Bigambo while admitting a potential crisis management with the NADCO talks said Azimio did not think through what they were getting into.
“Azimio is walking into a political fog that they did not foresee, they were thrilled about the political circumstance of a joint Committee that NADCO was for a political settlement,” Bigmabo said.
“They were not sincere about an economic settlement; their short-lived excitement about political settlement was a face-off with an opponent who defeated them in the General election.”
“They had undermined William Ruto and his political dexterity in managing the political situation.”
