Lethargy hits implementation of Ruto, Raila talks report

Lack of commitment has rocked implementation of President William Ruto and opposition leader Raila Odinga’s talks report amid claims of sabotage.

Nearly six months after the National Dialogue Committee produced its report, little or no progress has been made to actualise the recommendations.

“There is no intention to do anything about Nadco. The whole issue was to buy time and get Kenyans out of the streets, which they did very well,” political analyst Martin Andati said.

In Parliament, eight bills that were fronted by the committee to anchor the recommendations have either stagnated or been withdrawn.

The deadline that the two Speakers of the bicameral Parliament gave the joint committee lapsed.

The joint Justice and Legal Affairs Committee was given 45 days – from March 6 – to deliberate and issue recommendations on how to handle the report.

The deadline has since lapsed, with the team neither seeking an extension nor the Speakers issuing further directions.

The team has postponed its meetings several times, triggering concerns about its seriousness to process the report and the bills.

“Nobody will bother about 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 the AU and cannot turn around and call for demonstrations,” Andati said.

Only one bill, the Independent Electoral and Boundaries Commission (Amendment) Bill, 2023, has been approved by the National Assembly. 

The proposed law introduces changes to the IBEC selection panel and provides the procedure for delimitation of electoral boundaries.

In the Senate, three bills that were introduced were withdrawn after Minority Leader Stewart Madzayo highlighted major errors.

“This being the case, I direct that further consideration of the three aforementioned bills be ceased to facilitate the corrective measures,” Speaker Amason Kingi said.

“For the avoidance of doubt, the Standing Committee on Justice, Legal Affairs and Human Rights is directed to stop any form of public participation and the ongoing receipt of memoranda.”

The bills include Elections Offences (Amendment) Bill, 2024, the Elections (Amendment) Bill, 2024, and the Political Parties (Amendment) Bill, 2024.

Some of the errors could have major implications, including the possible disbandment of Azimio.

“It’s clear. Some people do not want this report implemented. But we must not allow them,” Makueni Senator Dan Maanzo said.

Some of the bills differ significantly from the original ones approved by the Nadco committee chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung'wah.

It's still not clear how such significant errors found their way into the bills and whether they were deliberate.

“This is serious mischief that can burn this country,” Madzayo said.

Other Nadco bills are the Constitution of Kenya (Amendment), Bill, 2023, to anchor various offices, funds and reforms and to extend the term of the Senate.

The bill amends various articles of the Constitution to create and anchor the Senate Oversight Fund, National Government Affirmative Action Fund and National Government Constituency Development Fund.

Others are the Elections (Amendment) Bill, 2023, the Elections Offenses (Amendment), Bill, 2023, and the Ethics and Anti-Corruption Commission (Amendment) Bill, 2023.

Statutory Instruments (Amendments) Bill, 2023, the Political Parties (Amendment) Bill, 2023, and the National Government Coordination (Amendment) Bill, 2023,are also pending before Parliament.

Political analyst Charles Munyui said the slow pace of implementing the report seems to have been agreed upon by Ruto and Raila.

“The fact that something is happening around Raila – AU job bid – seems to have slowed down the pace and reduced the pressure,” he said.

Nadco was formed following a protracted fight—marked with deadly and destructive protests—between the government and the opposition.

The opposition demanded an audit of the 2022 presidential election as well as a reduction in the cost of living.

Last week, the Azimio brigade gave a two-month ultimatum for the passage of the crucial bills to anchor the recommendations of the committee.

The opposition has also publicly accused the government of sponsoring court cases to derail implementation of the report.

“Yesterday's High Court orders stopping the implementation of the National Dialogue Committee (Nadco) report is state-sponsored,” Kalonzo said in March.

Ichung’wah dismissed the claims.

"The National Dialogue Committee did the report and took it to Parliament, where it was passed. The report will be implemented the way it was passed in Parliament (without changes)," he said.

"We have already published bills including the IEBC bill to reconstitute a new commission. Let Kalonzo not be worried. We will deal with the court injunctions. If the court has stopped the implementation of any part of the Nadco report, that has nothing to do with the Kenya Kwanza government.”

ODM secretary general Edwin Sifuna accused the state of sponsoring court cases against the negotiated document.

“We note with concern what appears to be coordinated attempts to derail the implementation of the Nadco report,” he said.

“It is becoming apparent that some, if not all, of these court cases are state-sponsored.”

However, early this month, President Ruto raised concerns about the slow pace at which Parliament was considering the Bills.

“The Nadco report has been hanging somewhere in Parliament. I do not know at which stage the report is but it seems to be moving slowly. Speed it up,” he said.

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