Wiper party leader Stephen Kalonzo Musyoka on Tuesday made public an agreement between him and ODM leader Raila Odinga on the 2017 and 2022 General Elections.
The former Vice President told journalists in Karen, Nairobi, that the aim of revealing the contents of the Memorandum of Understanding (MoU) is to pave way for an ‘honest conversation’ ahead of the August polls.
Musyoka indicated that the former Prime Minister had breached their agreement by launching a presidential bid, instead of supporting him as per the deal.
Our news desk got a hold of the two-page document signed by the duo and lawyers Kivutha Kibwana and Makau Mutua.
In the deal inked three months to the August 2017 polls, Musyoka agreed to be Odinga’s running mate.
The duo ran for the presidency under the defunct National Super Alliance (NASA) which was founded in January 2017 by Amani National Congress (ANC) party leader Musalia Mudavadi. Notably, there is no mention of Mudavadi or any other co-principal in the deal between Musyoka and Odinga.
Other parties that formed NASA include Ford Kenya and Chama Cha Mashinani led by Moses Wetangula and Isaac Rutto respectively.
Further, Odinga, who is referred to as principal ‘H’ in the agreement, agreed to serve for a five-year term and endorse Musyoka (principal ‘Q’) for the presidency this year.
“Principal H agrees that after three years in the presidency, he shall delegate substantial national duties to Principal Q and largely concentrate on international duties,” the agreement signed on April 30, 2017 reads.
It adds, “The delegation of substantial national duties to Q by H after three years shall not be made public as part of the signed agreement.”
Odinga also committed to sharing campaign resources, especially funds, with Musyoka for the duration of the 2017 elections.
The principals also agreed to launch nationwide campaigns, especially in Nyanza, Western, Eastern, Rift Valley and Coast regions to explain the pact to the people.
“This will assure that the pact is not a private understanding between H and Q but a social contract between H and Q, on the one hand, and the people of Kenya, on the other,” the agreement reads.
Both Musyoka and Odinga were bound to the agreement in both the 2017 and 2022 elections.
The leaders agreed the agreement would remain valid whether NASA won or lost the elections.
“This agreement will remain valid until the 2022 elections whether or not NASA wins the 2017 presidential elections,” the agreement reads.
Mutua, an ardent supporter of Odinga, was tasked with overseeing the implementation of the agreement.
“This agreement shall be executed in quadruplicate with one original copy for Mr. Odinga, one original copy for Mr. Musyoka, one original copy for Prof Kivutha Kibwana, and one original copy for Prof Makau Mutua. Prof Mutua’s original copy shall be the final, true, authentic, and dispositive copy of this agreement in case of a dispute. Prof Mutua will be the sole depository for this agreement,” it adds.
“This agreement shall only be publicly divulged with the consent and concurrence of all the parties, to wit, Mr. Odinga, Mr. Musyoka, Prof Kibwana, and Prof Mutua. Except that Prof Mutua shall have the exclusive right and duty to publicly disclose the agreement in the event Principal H or Principal Q, or both, cause an irreparable material breach of this agreement. An “irreparable material breach” shall mean a repudiation, reneging, a violation, or an ouster in any way of any of the Articles of Agreement hereunder.”
In his address today, Musyoka faulted Mutua for the breach of the agreement.
He said efforts to reach the US-based lawyer to convene a meeting with Odinga to address the latest dispute had proved futile.
“This was a secret agreement but the person who was to release it is already in breach of it,” said Musyoka.
“I have tried in vain to have Makau Mutua call a meeting with Raila.”
While Musyoka expressed interest in working with Odinga ahead of the August polls, he insisted that the former premier should honour the pre-election deal.
The Wiper boss, who has since joined One Kenya Alliance (OKA), is expected to sign a new pact with Odinga’s Azimio la Umoja Movement soon. The latter has the blessings of President Uhuru Kenyatta.