ODM secretary general Edwin Sifuna. /FILE
President William Ruto chaired UDA’s NEC on Wednesday evening at State House, Nairobi, just two days after ODM party leader Oburu Oginga chaired his party’s CMC meeting in Vipingo, Kilifi county.
“The NEC noted the decision of the ODM party central management committee to initiate structured negotiations with the UDA party, in the Kenya Kwanza coalition, to strengthen the ongoing political partnership and negotiate a coalition agreement ahead of the 2027 general elections,” a communiqué issued after the NEC meeting stated.
Section 10 (1) of the Political Parties Act states that two or more political parties may form a coalition or a coalition political parties before or after an election, and shall deposit the coalition agreement with the registrar.
Upon entering into a formal deal, section 10 (3) of the Act states that a coalition agreement entered into after an election shall be deposited with the registrar within 21 days of the signing of the coalition agreement.
The Third Schedule of the Act provides that a coalition agreement shall adhere to the rules and procedures of the political parties relating to the formation of coalitions.
This means that it must comply with both the ODM and UDA internal party constitution.
A coalition agreement shall be sanctioned by the governing body of the political parties entering into the coalition and shall be in writing and duly executed by authorized national party officials.
ODM secretary general Edwin Sifuna, a fierce critic of the broad-based government, is expected to thus play a key role in the process due to his mandate as the party spokesperson and in line with the law.
A cross-section of ODM leaders have called for the removal of the Nairobi senator, who enjoys the support of senior figures, including the widow of late party leader, Mama Ida Odinga.
Sifuna skipped Monday’s meeting that mandated Oburu to initiate coalition talks with Ruto’s UDA with reports indicating that his move was informed by reports of goons who were planning to humiliate him.
Oburu said after the meeting that the outspoken SG was absent with apology.
According to ODM insiders, any attempt to isolate Sifuna, may derail the coalition talks as he plays a critical role in terms of not only being the custodian of party seal and documents, but also communicating and depositing any agreement with the registrar.
According the ODM constitution, the secretary general has depository and custodial role of all party documents and is tasked with corresponding and consulting with the Registrar of Political Parties on behalf of the party as the authorised principal officer of the party.
“And so it was always my view, and it remains so, that beyond what Raila had negotiated, it behoves those of us who remain alive to now negotiate and chart a way forward based on the broad-based arrangement and based on a strong party," Rariada MP Otiende Amollo said.
Amollo appeared to appeal to his party to handle the internal divisions carefully to avoid any further fallout that may end up weakening the party.
"It is always my wish that we as a party strengthen ourselves by desisting from cannibalisation, by attacking each other and strengthen ourselves by using the party organ for meetings and for discussions and ultimately agreeing on a way forward," he said.
"I am quite happy that, led by our party leader, Oburu Oginga, those three are coming to fruition," the Rarieda MP said on Monday.
The two parties - UDA and ODM - may first have to exit the existing coaction, especially with ODM being the main partner in the Azimio La Umoja Coalition.
In exiting the current coalition, ODM's National Executive Committee, the party's top decision-making organ, has to meet and approve the decision to form such alliances and coalitions as shall be determined by two-thirds of the committee in line with Article 10 of ODM's constitution.
“Instruments of such coalition, affiliations and alliances shall be executed and deposited with the Registrar of Political Parties. The secretary general shall keep custody of all such instruments,” Article 10.0.2 of the ODM constitution states.
If ODM and UDA succeed in crafting and successfully deposit the coalition deal, there are also likely to be other ripple effects such as the re-organisation of parliamentary and county assemblies’ leadership roles.
The move to sign and formalise a coaction will mean that ODM may face legal challenges pushing them to surrender the minority leadership of both the Senate and National Assembly.
The new coalition, which will now be crafted by a team of experts to be appointed by the two parties, becomes valid once its deposited with the Registrar of Political Parties within 21 days of it being signed.
Ruto and Oburu are eying April this year as the latest date to formalise the deal that seeks to strengthen the President's 2027 re-election bid.
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