Leaders split over Raila, opposition role

The National Dialogue Committee (Nadco) report is making a major comeback in the country’s political landscape, sparking widespread controversy and speculation.

The push to implement the report has gained momentum following former Prime Minister Raila Odinga’s unsuccessful bid for the African Union Commission (AUC) chairmanship. Some leaders argue that his expertise in governance and democracy should not go to waste.

Nandi Senator Samson Cherargei has been vocal in advocating Raila to be granted the position of Prime Minister, a role he has held before. He also called for amendments to the Constitution 2010 to create new positions as outlined in the Nadco report.

According to Cherargei, Nadco report created positions including that of the leader of opposition, which accommodate those who lose in an election and better anchored in law.

“I think this is the right time to fully implement the Nadco report,” he said during a  Senate session.

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He also said there is push to have official opposition leader, adding that there is already a seat where people who lose in 2027, will be automatically funded.

“We will give them an office, official cars, ensure they either seat in the Senate or the National Assembly and that is the Nadco report we are proposing so no one will lose,” he said.

“We want people to stop talking from funerals, we want them to come to the floor of the House and critic the Government,” the Senator added.

He reiterated his stance that with the implementation of Nadco, Raila should be granted the position of Prime Minister to help expand the broad-based government and ensure national stability.

Point of order

However, Nyandarua Senator John Methu, rising on a point of order, challenged his Nandi counterpart to clarify the basis of his argument that Raila should assume the role.

“I have read the Nadco report page by page. Where does it state that Raila should be Prime Minister? The report may propose the position, but nowhere does it mention Raila. I don’t believe it was formulated to integrate him into government,” Methu said.

In response, Cherargei stated, “I did not claim the Nadco report mentions Raila’s name, but as a leader, I believe he should serve this nation in any capacity. We need to fully implement the Nadco report and expand inclusivity.”

As the push to amend the Constitution under Article 256 or 257—whether through a popular or parliamentary initiative—gains momentum, Cherargei suggested that Raila could serve as the Prime Cabinet Secretary as part of a broader reorganisation of the government in the future.However, Makueni Senator Dan Maanzo has argued that implementing such changes would require a referendum before any decisions can be finalized.

“The proposal by Nadco to create the Official Leader of the Opposition and the office of Prime Minister can only be effected after a referendum, as it seeks to alter the structure of governance and the functions of the National Assembly,” Maanzo stated.

He further cautioned, “This is a route that could lead to the misuse of taxpayers’ money. As it stands, every initiative driven by this government is likely to flop, and the referendum could be one of them.”

The Nadco report recommends establishing the office of the Leader of the Opposition, to be occupied by the individual leading the largest party or coalition that secured the second-highest number of votes in the most recent presidential election.

The leader could also be the person designated to hold that office in accordance with a coalition agreement, assisted by two deputies.

“The committee recommends that the constitution be amended to provide the remuneration and benefits payable to the leader of opposition and deputy leaders of the opposition shall be a charge on the consolidated fund. Additionally, provide that Parliament enact legislation to give further effect to amendments of the constitution,” the report states.

Currently, the Constitution, in Article 108, provides for a leader of majority and minority parties respectively. The leader could also be the person designated to hold the office under a coalition agreement, assisted by two deputies.

“The committee recommends amending the Constitution to ensure the remuneration and benefits of the leader of opposition and their deputies are charged to the Consolidated Fund. Additionally, Parliament should enact legislation to give effect to these constitutional amendments,” the report states.