Talks between Kenya Kwanza Alliance and Azimio la Umoja-One Kenya coalition party could begin this week as the ruling coalition selects its representatives to a 14-member committee.
Azimio has already picked seven lawmakers that will engage in discussions on the ongoing recruitment of commissioners to the electoral commission, among other issues it listed on Thursday.
President William Ruto has been adamant that only Parliament can address the opposition's concerns on the Independent Electoral and Boundaries Commission (IEBC), even as he essentially plays down Azimio's other concerns - the high cost of living and an audit of the election servers.
On the other hand, the Raila Odinga-led opposition is concerned that parliamentary engagements may not be the most inclusive, even as he argued that parliamentary rules would bind them.
As he fronted a route similar to the one that birthed the 2008 National Accord, Raila proposed to have Parliament as the final stage of the engagements, whose job would be to pass the resolutions.
His suggestion of a process similar to the "national accord" rang alarm bells, since the process birthed the office of prime minister and two deputies, created under the National Accord and Reconciliation Act. The Act saw former President Mwai Kibaki share power with Raila, who became prime minister.
Allies of Ruto opposed the proposal as soon as it was made, arguing that Raila was only interested in having a share of the government, claims he has consistently denied.
The Azimio leader has insisted that the talks should be expanded beyond "the constricts of Parliament in order to achieve intended goals," as read in a statement by Wiper Leader Kalonzo Musyoka on Thursday. The opposition started off by expanding their list of demands that were not part of his initial list of demands.
"We have already made the first move by constituting our team. Any comment on other matters can come later," National Assembly Minority Leader Opiyo Wandayi said.
The opposition is not the only one seeking that the process be expanded. On Saturday, retired soldiers opposed the exclusion of other stakeholders, arguing that Parliament was already one-sided, even as they opposed national accord-like talks.
"We have a Parliament that is clearly biased. We suggest a multi-sectoral approach because Kenya belongs to all of us and also considering that the issues raised by the opposition go beyond politics," said Richard Mbukua, the chairperson of Kenya Veterans for Peace.
A section of clerics, too, had earlier sought to be included in the talks, making somewhat similar arguments as the military veterans.
"This is our country and everyone has a stake in it. The more inclusive (the talks are), the better," said Chris Kinyanjui, the secretary-general of the National Council of Churches of Kenya at a joint press briefing of Christian and Muslim clerics last week.
As the opposition threatened a return to the streets at the slightest hint of a "lack of seriousness" from the government, the president's condition for talks has been that it must be driven by the legislature, where he enjoys a majority.
Ruto's argument, and that of his Kenya Kwanza allies, has been that Parliament is the right institution to address Azimio's concerns, previously terming other means "extra-constitutional", as he called for the respect of institutions.
Constitutional lawyer Bobby Mkangi argued that Parliament was the best place to address the concerns, given they fall within their mandate and the heavy investment by taxpayers in the institution.
"Parliament is representative of the people. I was concerned that MPs had let Kenyans down by not engaging and addressing what took Kenyans to the streets," Mkangi said. "We should optimally engage the institutions we created. I believe we can even engage the Judiciary on the matter of the cost of living, I think under Article 43 on social and economic rights."
In an interview with Spice FM on Tuesday, National Assembly Majority Leader Kimani Ichung'wa said that the process should not be "left to politicians", proposing the inclusion of Kenyans through robust public participation.
"The public interest must and should override everything else," Ichung'wa said.
Beyond public participation, Mkangi says that other players can be involved in the committee deliberations through "consultation".
"But that would depend on the agenda," said Mkangi, who argued that the stalemate between Ruto and Raila does not warrant engagements that mirror the 2008 national accord, saying that the two situations are not comparable.
