President William Ruto’s raid of the opposition and picking vocal reforms lieutenants has sparked concerns that will weaken accountability in the ranks and file of government.
The question is who will oversight the government after key members of the opposition were incorporated into the Kenya Kwanza administration.
Ruto, in a far reaching deal with Opposition leader Raila Odinga, appointed key allies of the former Prime Minister into the Cabinet
He named Minority Leader Opiyo Wandayi as Energy CS, two ODM deputy party leaders Hassan Joho (Mining and Blue Economy) and Wycliffe Oparanya (Cooperatives).
Nominated MP John Mbadi, who was named as National Treasury Cabinet Secretary, is the ODM chairman.
The four were among the most the vocal opposition voices.
Reforms crusaders are worried that with Raila’s top vocal lieutenants taking positions in Kenya Kwanza government, Ruto has effectively decimated the opposition.
Suba Churchill, executive director of the Kenya National Civil Society Centre, said the civil society has lost an ally – a strong opposition.
“We believe that a stronger opposition is an ally. That is why we were hesitant about the idea. It destroys accountability,” he said, even as it remains unclear the kind of deal the President and the opposition struck.
Raila’s team is reading from a different script but it is believed there could be more than the events playing out in the public sphere.
Embakasi East MP Babu Owino said, in appointing some of his colleague, the president was out to weaken oversight.
“He [Ruto] has completely refused to listen to the issues raised by Kenyans and instead has raided the opposition to appoint cabinet secretaries in a bid to weaken oversight against his government,” he said.
Key ODM figures such as Siaya Governor James Orengo and Nairobi Senator Edwin Sifuna denied a deal between Raila’s ODM and Kenya Kwanza.
Regardless, political observers hold the two top political figures have gone great lengths to cobble a pact, solidifying their numbers in Parliament.
ODM has the highest count of MPs on the minority side and holds key House leadership positions.
By closing ranks with United Democratic Alliance, it is viewed that President Ruto will have more votes in Parliament.
Ruto’s party already boasts of a near-super majority in the National Assembly and with ODM’s input, they could even change the constitution.
At least 231 MPs are allied to Kenya Kwanza, including 179 elected and others poached from the opposition. With ODM entering the fold, the count could grow to more than 260.
UDA has 137 MPs, meaning Ruto could easily get a head start of 220 votes even before getting votes from his coalition partners Ford Kenya and Amani National Congress.
Wiper leader Kalonzo Musyoka and Jubilee will on the other hand be left with a paltry 72 members should they maintain their stance against joining forces with Ruto.
In the Senate, President Ruto’s coalition controls more than half of the 69 members. With Raila’s entry, the numbers are set to improve.
Eyes will now be cast on the civil society and whether it will have to double its effort to check Kenya Kwanza.
Esther Waringa of the Kenya Transitional Good Governance Initiative said the negative effects of government of national unity is on accountability and governance.
“A coalition formed to promote short term political stability and inclusivity, may dilute accountability mechanisms as power-sharing arrangements can lead to a diffusion of responsibility and accountability,” she said.
The KTGI director said such arrangements open doors for deal cutting, limited oversight and weakened checks and balances thus hindering effective governance.
“Additionally, competing interests within a unity government may prioritise political compromises over the public interest, potentially leading to inefficiency, conflicts of interest and a diminished focus on addressing critical issues and delivering electoral promises,” Waringa said.
For the civil society, a government of national unity may only provide short-term political stability but have adverse effects on checks and balances.
Constitutional lawyer Bobi Mkangi told the Star that while nothing stops the President from appointing Cabinet Secretaries from among ODM members, challenges abound.
“It will be a challenge for the minority side to oversight an administration that they are part of,” he said.
“It all depends on the kind of agreement they have. If they agree to cooperate at the Executive level, they can. They can still have the same formations within the legislature.”
He said a scenario similar to the handshake may play out in Parliament, adding that ODM can only lose minority claim if it enters into a coalition agreement with Kenya Kwanza.
For the pundits, the opposition is dead, as the agreement with Ruto would determine how Raila will operate.
Narc Kenya Martha Karua who was Raila’s running mate in the 2022 presidential election, however, holds that only a part of the opposition was swallowed.
Political commentator Gitile Naituli, a former NCIC commissioner, said there is danger in the face of the mixed signals ODM honchos have kept sending.
“If this deception is allowed to succeed, they will remain, on paper, the official opposition. This will enable them to appoint new people to key parliamentary leadership and committee positions while enjoying everything that come with being part of the government,” he said.
For some observers, the hope is that the realignment may push out Deputy President Rigathi Gachagua who may mount an opposition movement around him.
“The deputy president may feel isolated and form new alliances that will be the voice against any excesses,” Churchill said.