Why implementing NADCO Report will test Raila-Ruto pact

President William Ruto’s newfound ties with Orange Democratic Movement Party Leader Raila Odinga are likely to face a test following strong opposition on a section of the National Dialogue Committee (NADCO) report proposals.

Among the conditions, Odinga gave for his pact with Ruto was full implementation of the NADCO report that he touted as a move meant to foster national unity and cooperation in the country.

Proposals in the report such as the creation of the Office of the Opposition leader and extension of term limits of some offices have already met resistance.

Odinga and his lieutenants are so keen on having the report fully implemented, believing that their call for reforms in the country will be achieved through that action.

Speaking while meeting Kilifi ODM leaders a few days after signing a pact with Ruto, Odinga said the implementation of the report would address the problems facing the country.

“I’m consulting all my party members and getting their views and concerns and we find solutions to the problems bedevilling the country such as the high cost of living, the SHA problems, abductions and devolution struggles and these are the things we want the government to address,” he said.

In his address, Governor Gideon Mung’aro said that counties were still struggling since most devolved functions had been retained at the national level.

“We have had a meeting with our party leader and we have resolved to continue pushing for the implementation of the NADCO report because Kenya is for everyone and we have given our party leader the mandate to lead the course,” he said.

Tall order

Odinga’s demands on the full implementation of the report, which introduces the Leader of Opposition and the Prime Minister offices, may be a tall order, according to a joint report by the National Assembly and Senate.

The report rejected the establishment of the PM office, stating it was not clear how the position would align with the presidential system of government and the functions of the office of the deputy president.

The joint committee, in the report that was received on January 16, maintained that the proposal would alter the country’s governance structure.

The National Assembly’s Committee on Justice and Legal Affairs, and the Senate’s Justice, Legal Affairs and Human Rights Committee also pointed out that the term “minister” was not recognised by the Constitution.

“The President has powers to organise his Cabinet, including designating a Cabinet Secretary as a Prime Cabinet Secretary, without the need for a constitutional amendment. Further enshrining the position in the Constitution would make it mandatory for a President to appoint a Prime Cabinet Secretary which ought to be left to the discretion of the President,” the report reads.

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On the proposal to create the office of the leader of the Opposition and two deputies by amending Article 137 (3), the committee maintained that there was no provision on whether the position would be a public or state office, and in which arm of the government it would be domiciled.

“It is not clear how the positions of the Leader of the Opposition and the two deputies would align with that of the Leader of the Minority party as currently provided for in Article 108 (3) of the Constitution. Introducing such an office would profoundly alter the functions of Parliament and the country’s system of governance and undermine the current presidential system because the Constitution doesn’t envisage a member of the Executive sitting in Parliament as implied in the proposed Nadco leader of the Opposition Bill.”

Legal challenges

At the same time, the legislators said staggering polls so that the President is elected on a separate date from MPs, MCAs as well and Governors “would require a complete overhaul of the Constitution” and therefore create legal, practical and administrative challenges.

Political analysts argue that strategically, the Kenya Kwanza administration may not advocate for a referendum at the moment because it is unpopular due to issues such as abductions, the high cost of living and the Social Health Authority's failures.

“The timing of Raila’s demands on the implementation of NADCO is bad because the government is unpopular and regardless of how impactful the referendum could be, they would say no to protest against the government,” says Dr Charles Nganga of JKUAT.

Political analyst Samuel Owida told The Eastleigh Voice that a lot of things in the MoU between Ruto and Odinga aren’t going to be implemented.

“The public rage against the Ruto administration is real and won’t go down. ODM will be forced to run away from the pact. Implementation of NADCO is not realistic based on time and Kenyans' anger in the referendum would send the UDA-ODM pact packing,” said Owida.

The analyst believes that a walkout by the ODM Party is looming large as 2027 draws closer following public discontentment with president William Ruto’s administration.