150 rival MPs join hands to end electoral agency stalemate

More than 150 MPs from across the political divide are set to meet on Tuesday in an effort to resolve the electoral commission stalemate.

The meeting, to be held at Nairobi’s Lilian Towers, a stone’s throw from the Independent Electoral and Boundaries Commission (IEBC) headquarters at Anniversary Towers, is the culmination of several informal meetings that have taken place in recent days.

The MPs signed up to back the initiative by six lawmakers—Kabando Wa Kabando (Mukurweini, TNA), David Ochieng (Ugenya, ODM), Hellen Sambili (Mogotio, Kanu), Sakwa Bunyasi (Nambale, UDF), Mary Emase (Teso south, URP) and Ibrahim Elmi (Tarbaj, ODM)—to reconstitute the IEBC in a move that could ease rising tension in the country.

The initiative comes as Cord said it would continue its weekly protests tomorrow.

Several MPs told Sunday Nation that they had already reached out to President Uhuru Kenyatta, his Deputy William Ruto, National Assembly Majority Leader Aden Duale and Opposition leaders Raila Odinga, Moses Wetang’ula, and Musalia Mudavadi to persuade them to abandon their hardline positions and agree to a negotiated approach.

Some politicians who had earlier been rigid on the subject like Ruaraka MP Tom Kajwang’ (ODM), Kitutu Masaba MP Timothy Bosire (ODM) and Jubilee’s Kimani Ngunjiri (Bahati, TNA) have reportedly joined the caucus that initially started with 50 legislators. This suggests the readiness of the House to take the bull by the horns and chart a path out of the stalemate.

“We respect our party positions but we are also leaders in our own right. We are lawmakers and history will judge us harshly if we sit aside and watch as things go wrong,” said Marakwet East MP Kangongo Bowen (URP).

The MPs have held a series of consultations in Nairobi with a view to roping in more members before inviting stakeholders from outside Parliament.

“The country belongs to all of us, whether in government or opposition. We must find a way out of this quagmire. The only way to achieve a level paying ground next year is through a bipartisan approach and hardening positions will not help. There is no other way,” said Mr Bosire, who is also the ODM Treasurer.

The MPs’ aim is to establish a select committee that has support from both the government and opposition and with a broader mandate that the National Assembly’s Justice and Legal Affairs committee that Cord has rejected outright.

Despite the tough talk, it appears the two main coalitions want the IEBC leadership out of office before next year’s General Election but the contention is how to go about it, with each fighting for what it feels would guarantee it victory at the ballot.

“There will be no country for us to lead if we fight and disintegrate it. We must sit down and agree on a way out,” Mr Ochieng’ said.

The IEBC crisis could therefore be an ego contest since Cord voiced its intention to send the commissioners home first and its rivals may not want to be seen as playing catch up.

Of major importance to the MPs is to secure the support of Mr Kenyatta, Mr Ruto, Mr Odinga, Mr Musyoka, Mr Wetang’ula, Mr Mudavadi and Kanu chairman Gideon Moi. The leaders are considered to wield immense support among their party MPs in the National Assembly and Senate.

“The fear is that the push could hit a brick wall. Our leaders are bound to ask where our allegiance lies in this or what our motivation is. We are, however, confident we will convince them that our interest is the country. Not region. Not tribe. Not party,” Mr Bowen said.

While Mr Odinga insists an extra-parliamentary political process with membership from the political divide is the best way to address differences on the composition of the IEBC, President Kenyatta insists the law must be followed and any change must be through Parliament.

The group of MPs say theirs is a hybrid formula that appeals to both sides.

Mr Kangongo says should they have their way, they could amend the law to introduce a transition clause and allow the current commissioners to exit by early next year.

“The import of this is that we may also change the election date to December or March of the subsequent year to allow the new team time to prepare for the elections,” he says.

On Thursday evening, the Sunday Nation has learnt, members of the caucus met Deputy President Ruto at his Harambee House offices. At the end of the two-hour discussion, an MP who was among the 25 present said Mr Ruto gave an undertaking to brief the President.

They have also met Mr Odinga and Mr Mudavadi.

In all the meetings, the MPs said they urged the politicians that it was time to seek solutions, not grandstanding.

Those in Parliament who could play a crucial role in pushing any proposed changes to allow broader representation in the commission like Majority Leaders Kithure Kindiki (Senate) and Aden Duale (National assembly), Speakers Justin Muturi (National Assembly) and Ekwe Ethuro (Senate) have all received letters explaining the group’s mission.

Some in the top leadership of the House have, however, been accused of taking hardline positions when they should have been better placed as mediators.

“The objective of the caucus will be to promote and enhance cohesion, ethnic diversity, unity, peace and harmony in Kenyan politics. The ultimate goal is to facilitate a conducive environment for peaceful, credible and transparent elections in 2017,” the letter to Mr Muturi says. They also ask him to formally recognise the forum as a parliamentary caucus and accord it financial support.
Mr Wetang’ula and Mr Duale have received similar letters.

Acknowledging the influence of the President’s fixer Njee Muturi, the solicitor-general, the group also directly sought his support. Those in the know say no government-sponsored Bill passes in Parliament without his influence. It is not uncommon to find him lobbying during such debates in the House.

Unless they receive support from the Jubilee and Cord leadership, this could be the first time a significant number of members of the 11th Parliament defies their commanders when transacting House business, an almost impossibility in a polarised political landscape like Kenya’s.

Ugunja MP Opiyo Wandayi (ODM) claims State House was keen to influence the ongoing debate on electoral reforms.

“The electoral reforms that we have been agitating for must be undertaken through an all-inclusive process. The latest attempt by a cabal of MPs to move this agenda forward, though laudable, is highly suspicious. For sure, history has a way of repeating itself. I vividly remember the way deals were cut in the final months of 1997 under the auspices of IPPG (Inter-Parties Parliamentary Group), and ending up scuttling the more broad-based Ufungamano initiative,” he said.

Mr Wandayi said he was “utterly opposed to this State House-driven so-called parliamentary process”.

“The IEBC commissioners must leave office without further delay. This should be followed by an all-inclusive people’s dialogue outside Parliament to agree on the way forward. Any other process is doomed to fail with disastrous consequences to the country,” he said.

To dispel such talk that they could be holding brief for any of the key political players, Mr Kabando told Sunday Nation that members had offered to meet the expenses incurred during meetings.
“Each one has volunteered to contribute Sh15,000 to help run our operations,” he said.

The establishment is keen to effect any changes to the composition of the IEBC in a process steered by the Justice and Legal Affairs Committee chaired by Ainabkoi MP Samuel Chepkong’a (URP), a staunch supporter of the Deputy President.

In the initiative by the Chepkong’a team, a proposal to have the Public Service Commission, which is an appendage of the Executive, nominate one commissioner alongside other entities like political parties has already vexed the opposition who have vowed to reject it.

Cord in particular is toying with the option of withdrawing its 13 members from the committee to paralyse its operations should it insist on leading the process.

The uncompromising positions taken by Cord and Jubilee have no helped matters. Last week, Mr Odinga announced five names of people from his side he wants to sit down with those from Jubilee to negotiate how to establish an electoral commission that draws its representatives from political parties, religious bodies and civil society. The opposition claims that as currently constituted, the IEBC is inclined towards Jubilee and cannot oversee next year’s polls.