Why OKA deal could scuttle Azimio talks

Commitment to field a presidential candidate, joint candidates in other elective positions and power sharing that reflects portfolio balance in case of poll victory are among clauses in the One Kenya Alliance (OKA) coalition agreement.

The signing of the OKA coalition agreement will, however, complicate talks for a grand coalition with Mr Raila Odinga-led Azimio la Umoja, given the law bars a deal between two coalitions.

Wiper leader Kalonzo Musyoka, Kanu chairman Gideon Moi, Narc-Kenya’s Martha Karua and Cyrus Jirongo of the United Democratic Party (UDP) are scheduled to sign the coalition agreement this week.

They have insisted that their outfit will only join Azimio as a coalition and not as individual parties. This means that the grand coalition will have two main partners — Azimio and OKA.

But even as OKA says it is ready to enter into a coalition deal with Azimio, the Registrar of Political Parties Anne Nderitu yesterday said the law does not allow one coalition to enter into another coalition.

She explained that for such outfits to come together, one has to be collapsed, but there can be combination of names.

Preferred name

OKA principals had proposed Azimio-One Kenya Alliance as their preferred name for the coalition, but their move to craft their own coalition agreement could further rock the plans to work together.

“It is a party that enters into a coalition with another party. It is also not legally correct for a coalition political party to enter into another coalition with a coalition political party.

“This is because a coalition political party is a coalition already. So you cannot enter into another coalition as such. The law only recognises parties entering into either a coalition political party or an ordinary coalition the way we have been having it,” Ms Nderitu told Nation.

She pointed out that those who participate in the signing of coalition agreements are party officials and not coalition officials.

This means that should OKA approve working with Azimio, the officials of its individual parties (Wiper, Kanu, Narc-K and UDP) will make the commitment distinctly and not as OKA.

Ms Nderitu pointed out that “assuming that Azimio already has its own agreement, obviously it has to have a clause stating clearly the coalition party can admit new partners — which they can explore to admit new friends. The agreement must also state how it can be dissolved.”

Two coalitions

Wiper vice-chairman Mutula Kilonzo Jnr agreed that two coalitions cannot merge into one.

“Two coalition parties can get into a coalition and deposit a coalition agreement but not merge into one,” Mr Kilonzo Jnr told Nation yesterday.

The law, he noted, “seems to have made a coalition political party as the last bastion.”

According to the OKA coalition draft document seen by Nation the four principals — Mr Musyoka, Mr Moi, Ms Karua and Mr Jirongo — are set to sign, OKA will produce a presidential flag bearer and running mate.

This means that should they then approach Azimio, the two outfits will have to agree on the modalities of choosing the ultimate flag bearer for the grand coalition.

Mr Odinga’s presidential campaign board chairman Ndiritu Muriithi, however, insists Azimio is set to unveil its flag bearer on Saturday at a National Delegates Convention (NDC) in Nairobi.

The ODM leader had last week announced during his campaigns in Nakuru County that the convention would culminate into a rally at Jacaranda grounds in Nairobi where the Azimio flag bearer would be unveiled.

Power-sharing formula

Article 12 of the OKA coalition agreement states that the parties to the agreement shall form a coalition government with a power-sharing formula governed by four principles.

These are national aspirations for an inclusive, democratic and participatory governance as enshrined in the Constitution, equality and equity, including affirmative action among the coalition partners, utmost good faith among the coalition partners and adherence to the terms of the coalition agreement.

“For purposes of power sharing, this coalition agreement recognises categories of political parties including founding members (Wiper, Kanu, Narc-K and UDP), other parties and/or coalition that the coalition may enter into pre or post-election agreement with,” the document states.

The power sharing in the outfit will be based on founder member status, portfolio balance and equity, election performance and equity base.

The agreement says coalition members shall share various positions in the Executive and leadership positions in the legislature at both levels of government that the coalition is entitled to.

“The constitutional and independent offices will not be subjected to power sharing. The coalition parties will enter into power sharing agreements in each of the counties where more than one coalition party is participating in any of the elective seats in accordance with the power sharing principles enshrined herein,” the document reads.

It adds: “A binding power sharing agreement elaborating the details shall be drafted and executed prior to the general election for 2022. The power sharing agreement shall constitute an addendum to this coalition agreement and the terms and conditions therein shall have full effect as if they are part of this coalition agreement.”

“In the event that the coalition parties do not agree and or execute the power-sharing agreement before the end of March, 2022, then this coalition agreement shall stand terminated and dissolved.”

Postponed signing ceremony

OKA last week postponed the signing ceremony of its coalition agreement to polish some legal issues.

According to the draft agreement, the symbol of the OKA coalition shall be a depiction of a volcanic eruption with constituent party colours which shall also be known as ‘Volcano’.

“The coalition shall have a fraternity salute for public identification and salutation of members among themselves and for general coalition enthusiasm and activism.

“The salute shall be the raising of both hands depicting an erupting volcano and shall be manifested by the stretching out of the hands from down upwards in a systemic manner,” the document says.

Article 6 of the document on the structure and organs of the OKA coalition lists the General Assembly, the Pinnacle, National Coordinating Committee (NCC), National Technical Committee (NTC), the Secretariat, the County Coordinating Committee (CCC), the Coalition Parliamentary Group and the County Assemblies Group, which all have distinct functions.

The Pinnacle shall be the political leadership organ of the coalition and consists of the four OKA principals — Mr Musyoka, Mr Moi, Ms Karua and Mr Jirongo.

The agreement states that the OKA coalition shall field a presidential candidate and will “endeavour to field a single candidate for each parliamentary, gubernatorial and county assembly seat, in accordance with the methods set out as consensus (“electoral pacts”) negotiated between coalition parties on sharing of seats among the coalition parties or consensus arrived at by local caucuses, including community caucuses where such practice already exists or joint coalition party caucuses in other counties opting for this method or a joint primary election by the certified membership register of the coalition parties.”

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