President William Ruto (left) and former Prime Minister Raila Odinga at State House, Nairobi, on August 27, 2024.
Mr Raila Odinga’s close allies have revealed that he has not had any discussions to occupy a “non-existent” State position even as President William Ruto’s allied MPs push for his inclusion.
The new push for Mr Odinga’s inclusion in government comes days after he failed to clinch the African Union Commission (AUC) chairmanship.
Following Mr Odinga’s defeat in the AUC chairmanship position on February 15, 2025, in Addis Ababa, Ethiopia, President Ruto allied politicians led by Nandi Senator Samson Cherargei and Belgut MP Nelson Koech have been on a charm offensive to get Mr Odinga a job.
But Mr Dennis Onyango, Mr Odinga’s spokesperson, said that his boss is out of the country for “a brief rest following the end of a very gruelling coincidental campaign.”
Orange Democratic Movement leader Raila Odinga (left) and President William Ruto.
“For the last one year, his focus was on the AUC. He hasn't discussed any next steps, least of all trying to occupy a non-existent position of Prime Minister with the end of the AU run. He is now focused on having a break and catching breath,” Mr Onyango said of Mr Odinga, who is on a trip in Dubai.
Mr Odinga’s trip to Dubai immediately after the AUC elections was confirmed by Mr Salim Lone, his long-time confidant and former spokesman.
“The election is over. He was totally relaxed and full of wit, including about the race and the events that preceded its conclusion,” Mr Lone told Nation.Africa on phone.
He added that he had spoken to Mr Odinga: “Indeed, he was at the top of his game, full of insights that few can emulate, given his decades-long political struggles in the trenches and as a leader.”
According to Mr Lone, Mr Odinga had travelled tens of thousands of miles crisscrossing the continent multiple times in “his Odysseus-like journey” to explain to our presidents his bold and transformative plans for reforming the AU Commission if elected.
Prime Minister
Mr Cherargei and Mr Koech have already given a hint of revisiting the National Dialogue Committee (Nadco) report to create a State job for Mr Odinga with the likelihood of the creation of the Prime Minister position in the offing.
President William Ruto (left) and Raila Odinga at the African Union Commission headquarters in Addis Ababa, Ethiopia, on February 15, 2025.
Sources in Mr Odinga’s inner circle, who spoke in confidence, also confirmed that Blue Economy Cabinet Secretary Hassan Joho, Leader of Minority in the National Assembly Junet Mohammed, Kisii Governor Simba Arati, East African Legislative Assembly MP Suleiman Shahbal and Mombasa County Assembly Speaker Khatri Ebrahim accompanied Mr Odinga to Dubai. There was speculation that they could be discussing Mr Odinga’s and ODM’s political future.
Vihiga Senator Godfrey Osotsi, a close ally of Mr Odinga, however, downplayed the Dubai trip saying “nothing major is happening there. Mzee (Mr Odinga) is just resting after a gruelling campaign that took him to more than 50 counties in Africa and held many meetings.”
He added: “Kenyans, Baba and the ODM fraternity expected a win or a loss and we were prepared for both scenarios. Leaders outside ODM should give us a break. ODM is a big political movement to be invited casually and in a demeaning manner by the likes of Cherargei and Koech. Let no one imagine he can direct our party leader on our next move. We are reflecting and consulting and the party will make the right decision for the betterment of Kenya.”
Mr Cherargei went to the extent of suggesting that Mr Odinga be made to occupy the Prime Cabinet Secretary position, in what would likely trigger chain reactions with the camp of Musalia Mudavadi, the current holder of the office.
This comes as a section of Kenyans wondered whether the proposal by President Ruto allied MPs is a ruse to keep Mr Odinga busy “as they buy time” with Nairobi Senator Edwin Sifuna dismissing the initiative.
“We must create the office of Prime Minister and allow Mr Odinga to serve Kenyans in that capacity,” said Mr Cherargei as he called for the full implementation of the Nadco report.
Mr Koech says that Mr Odinga having lost the AUC position for which International Relations experts attributed to President Ruto’s baggage that may have forced the African presidents to shift their preferences to Mr Mahmoud Youssouf of Djibouti, needs a position in government.
“We need to relook at the Nadco report and find out the human resource Mr Odinga can give us as a person,” said Mr Koech adding that any position that would be given to the Azimio leader will serve the country better.
Presidential system
But Senator Sifuna told off Mr Cherargei and Mr Koech saying that only Mr Odinga speaks for himself.
“I can tell you that I am the Secretary-General of ODM but I don’t speak for Mr Odinga. If he wanted something he would speak for himself,” said Mr Sifuna. “Mr Odinga is the last person who wants a constitutional amendment to create a position for him.”
The MPs spoke as those allied to Mr Odinga rejected President Ruto’s proposal to initiate an amendment to the Constitution to create the office of the leader of opposition on account that it undermines the system of government in Kenya having adopted the presidential system.
Lawyers Bob Mkangi and Senior Counsel Charles Kanjama say creating a Prime Minister position will require a constitutional amendment.
They also noted that the kind of amendments Parliament will require to actualise a position for Mr Odinga in the executive will depend on the powers, responsibilities and method of assuming the office.
Mr Mkangi argues that if it is the PM who is like a 'prefect' within the president's imagination of his cabinet's organogram- coordinator, supervisor, overseer, and chairman of committees of the other CSs-then the president may appoint him as one of his CSs but accord him such title and responsibilities.
President William Ruto (left) and former Prime Minister Raila Odinga at the Raila Odinga Stadium in Homa Bay County for this year's Genowa Governor's Cup on December 27, 2024.
“This is as long as they don't breach what the Constitution anticipates for a Cabinet Secretary. Technically he will be a Cabinet secretary but 'more equal' than the rest and with a different title and responsibilities, akin to the current PCS,” said Mr Mkangi.
Mr Mkangi, who was among the legal minds in the Committee of Experts (CoE) that drafted the current Constitution, noted that to create a PM position, the law will have to be amended.
“The Constitution changed the title from Minister to Cabinet Secretary. This must be taken care of first through constitutional amendments to create a Prime Minister position. Alternatively, they may choose to create a Prime Cabinet Secretary without constitutional changes but with enhanced powers,” said Mr Mkangi.
However, Mr Kanjama noted that the position of Prime Cabinet Secretary would be the easiest route with the question of where to accommodate Mr Mudavadi, the elephant in the room.
“It is the route used for Mr Mudavadi. That complies with the CS role in the constitution,” says Mr Kanjama adding; “but a true Prime Minister would need a constitutional amendment,” a position that Mr Mkangi agrees with.
“If it is a Prime Minister in the traditional understanding of the title, then a constitutional amendment, requiring the public to affirm through a referendum is required,” said Mr Mkangi.
Executive authority
“This is because such a change fundamentally affects the way Kenyans structurally designed how their executive authority, hence sovereignty should be exercised. It is only Kenyans through a referendum who can confirm a proposal for amending how their sovereignty is actualized under Article 255 of the constitution,” he said.
But city lawyer David Ochami dismissed President Ruto allied MPs’ proposal to find Mr Odinga a state job a joke.
“If Mr Odinga takes up such a position, if it will ever be created, it will be a catastrophic climb down for a man generations of Kenyans have held in high esteem and a confirmation that President Ruto has neutered and reduced him to dust and a plaything,” said Mr Ochami.
The Nadco report proposed changes to the Political Parties Act, Elections Act, Ethics and Anti-Corruption Act among others, and was adopted by parliament in February 2024.
However, a section of the members of the Justice and Legal Affairs Committee (JLAC) of the National Assembly in a dissenting opinion, rubbished the proposal to create the office of Prime Minister in the constitution.
The JLAC members, Dr Otiende Amollo (Rarieda) and John Makali (Kanduyi), recorded their dissenting views on the proposal arguing that the office does not fit the existing governance structure and will “likely” clash with the office of the Deputy President.
“The system of governance is a presidential system. Article 108 of the constitution provides for party leaders in the National Assembly to include the leader of a minority party who is essentially the leader of the opposition in parliament,” JLAC, chaired by Tharaka MP George Murugara recommends in the report before the House.
A majority of JLAC members did not have a problem establishing the Office of Prime Minister but proposed a name change to ‘Prime Cabinet Secretary’ to conform to the constitution.
“The term ‘Minister’ used in the proposal does not exist in the constitution and should therefore be substituted with ‘Cabinet Secretary’ and the office should be domiciled in Article 152 of the constitution,” the committee recommended.
