The bipartisan team tasked with midwifing the peace talks between President William Ruto and Azimio leader Raila Odinga have settled on hybrid route, bringing to an end push and pull over the nature of the dialogue.
The team, co-chaired by Tharaka MP George Murugara and Rarieda lawmaker Otiende Amollo, agreed on Monday to blend both parliamentary and extra-parliamentary processes.
In the new arrangement, the bipartisan team will conduct the talks outside of Parliament, but will from time to time consult the House on need basis.
“We settled on a hybrid process, where we recognised that Parliament may have a role. We agreed that we will engage Parliament where necessary but otherwise the process essentially is outside of Parliament,” Otiende told the Star.
On the table was also the option of formalising the joint committee through an Executive Order as was the case with the Building Bridges Initiative.
The team, however, unanimously dropped the Executive route fearing the process, which might result into fundamental constitutional amendments, could face the same headwinds that saw apex court rule against BBI.
The Supreme Court in 2022 declared the BBI unconstitutional on the account that the process was initiated by then-President Uhuru Kenyatta.
Speaking to the Star on Tuesday, Otiende said the joint committee made tremendous progress and will be resuming on Wednesday.
“We discussed and ruled out the one of Executive Order for a number of reasons including the BBI experience. In so far as this process can end up in some constitutional amendments, we do not want the team to be initiated by the President,” Otiende said.
He added: “It is hybrid that merges both the traditional parliamentary process with the extra-parliamentary process, it was a good compromise between the two teams.”
Nature of talks was one of the sticking issues that divided the committee right in the middle, with the Kenya Kwanza insisting on a pure parliamentary system while the Azimio side was pushing for an extra-parliamentary route.
On Tuesday, the Rarieda MP said the team managed to strike a middle ground on a number of issues exuding confidence of smooth deliberations when they meet on Wednesday.
“We have covered a lot of ground so far, we have agreed and signed framework agreement, we have agreed on the issues, nature of talks. Those are very heavy things,” the Rarieda MP said.
“We have agreed on joint secretaries and how to deal with the letter done by Jubilee and how to seek support whenever we need.”
As the committee resumes talks this morning (Wednesday), top on the table will be interim issues where each side will be raising conservatory issues to be considered as the talks continue.
For instance, Azimio will be pushing for suspension of the ongoing recruitment of the Independent Electoral and Boundaries Commission commissioners to allow for the outcome of the talks.
“When we meet tomorrow (Wednesday), we are starting discussion on interim measures; those are measures to be taken even as the talks are going on," the lawmaker said.
"For instance, one of the issues Azimio is going to raise is the need to suspend the recruitment process of the new Commissioners because both parties have recognised reconstitution of the commission as a key area.”
President Ruto in February nominated Nelson Mukanda to head the seven-member selection panel to recruit the electoral agency commissioners.
Other members of the panel are Bethuel Sugut, Novince Euralia Atieno, Charity S. Kisotu, Evans Misati James, Benson Ngugi Njeri and Fatuma Saman.
The team had placed adverts for the chairperson and six commissioners and was in the process of shortlisting the applicants.
