Ruto-Raila Teams Make First Breakthrough On IEBC Reforms

"Therefore even as they progress their work, they take note that it is part of the issues we are engaging on. I am sure when we begin to engage stakeholders, those are among stakeholders most likely we shall talk to."

Azimio's Kalonzo weighed in on his part by revealing that the seven-member panel that is responsible for recruiting an entirely new leadership structure consisting of the Chairperson and six Commissioners of IEBC may also hear from them over the course of the talks.

The Wiper Leader however argued that the reconstitution of the IEBC cannot be excluded from the issues to be discussed in the talks as the Raila Odinga-led coalition has had one of its biggest clashes with the commission over electoral injustice in the country which they have constantly accused IEBC of.

"We have to approach these negotiations with good faith, and that is why we have allowed the Selection Panel to continue with its mandate," Kalonzo concurred with Ichung'wah. 

President William Ruto and Raila back in March offered contradicting statements towards each other regarding the selection panel for the recruitment of the nominees for appointment as the Chairperson and members of the IEBC.

Speaking at Mombasa during the Coast Orange Democratic Movement (ODM) delegates meeting, Raila accused the Head of State of making errors in appointing the seven-member selection panel.

However, speaking during an Interdenominational Thanksgiving service at Kirubia Stadium, Chuka, Tharaka Nithi County, President Ruto affirmed that he was not going to bend the rule of law and the Constitution to satisfy them.

“IEBC selection panel was constituted according to the Constitution. Law Society of Kenya, Political Parties, Religious Groups and Public Service all forwarded names to be included in the selection panel.

“What I did was to Gazette the names that were brought to my desk as dictated by the law, I do not have any preferred candidates in the selection panel because the Constitution does not give the President room to choose anyone,” he answered Raila.

The members of the selection panel included Bethuel Sugut and Novince Euralia Atieno from the Parliamentary Service Commission.

The Political Parties Liaison Committee were represented by its chairman Evans Misati James. The Law Society of Kenya member was Benson Ngugi Njeri of Igeria and Ngugi advocates.

Other members were Charity Kisotu, Nelson Makanda and Fatuma Saman.

In April, while urging Raila to call off the weekly anti-government demonstrations, Ruto agreed to reconstitute the selection panel for the IEBC through a bipartisan parliamentary process, which was one of Raila's demands during the demonstrations.

Paragraph 1 (1) of the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 ("the Act") requires that at least six months before the lapse of the term of the Chairperson or a Member(s) of the Commission the President shall appoint a Selection Panel comprising of seven persons for recruitment of their successor(s) in Office.

Other Issues Agreed On For Discussion

The National Dialogue Committee (NADC) also listed constitutional matters including Article 43 of the constitution, implementation of the "two-thirds gender rule, governance issues, and adequate checks and balances.

NADC also agreed to negotiate boundaries delimitation; and the audit of the 2022 presidential election as well as the National Government Constituencies Development Fund, the National Government Affirmative Action Fund; and the Senate Oversight Fund.

In addition, the committee, led by Ichung'wah and Kalonzo, will discuss the establishment of the office of the Leader of the Official Opposition, the entrenchment of the office of the Secretary to the Cabinet, and interference by political parties and coalitions.

Both Ichung'wah and Kalonzo signed a framework agreement for the dialogue, which resumes on Friday, September 1, 2023.