Cord leaders yesterday flatly rejected a parliamentary route to resolve the IEBC impasse that has led to violence and bloodshed.
Details emerged as Jubilee nominated 11 members, including controversial Gatundu South MP Moses Kuria, to spearhead its side of IEBC talks.
The opposition led by Raila Odinga retorted with a resounding "no" to talks within parliamentary rules. The two speakers must have no role, it said.
However, President Uhuru Kenyatta maintained his stand any dialogue must be within the law, signalling a protracted battle.
Last evening, Cord leaders headed by Raila said there was no deal yet. They named Senator James Orengo and Ford Kenya secretary Eseli Simiyu as their representatives to a "small" team that will hold preliminary discussions with Jubilee.
"No deal until there's a deal," Raila said.
Last night, State House said it was not aware of preliminary talks involving Raila's new, two-person team.
Cord says protests will resume on Monday unless there's a deal.
It wants all nine commissioners out, saying they are biased in favour of Jubilee, cannot conduct free and fair elections and face integrity issues.
“It is regrettable media is reporting I have stood down. the truth is the position I hold today is the same position I held yesterday…The dialogue that will be held will be purely about the institution and not about Uhuru discussing with Raila,” the President said yesterday.
But during negotiations with religious leaders at Raila’s Nairobi office, the Cord brigade expressed fears Jubilee will use its parliamentary tyranny of numbers to frustrate the reform process and thwart them.
Cord said the Joint Select Committee should have a maximum seven members from both sides of the divide and two joint secretaries, neither parliamentarians nor parliamentary staff.
The Star has established Raila and his team told clerics the committee's mandate cannot be restricted to removing commissioners. They want it to cover sweeping electoral reforms guaranteeing credible elections in 2017.
The opposition said the team should draw up its own terms of reference and not be subject to Parliament's Standing Orders, as Uhuru wants
“A parliamentary committee cannot be controlled, as outsider MPs will walk in as friends of the committee and disrupt the process. We have seen it before,” a Cord insider said, explaining why the State House proposal was rejected.
On Wednesday, Uhuru said a committee of both houses will be set up according to their Standing Orders.
“The committee mandate will be strictly and exclusively the matter of IEBC,” Uhuru said at State House. He was flanked by DP William Ruto, whom Cord accuses of scuttling a previous deal.
Cord wants the committee to conclude work in four weeks and submit recommendations to both coalition leaders for endorsement.
The final agreed document tabled in Parliament, Cord says, must be “tamper proof” — not amended by either house of the Jubilee-controlled legislature.
Yesterday morning, US Ambassador Robert Godec and his UK counterpart Nic Hailey spoke at length with Raila at his private office, signaling international pressure for compromise.
Wiper leader Kalonzo Musyoka and his Ford Kenya counterpart Moses Wetang'ula attended.
Meanwhile, Jubilee held its Parliamentary Group meeting.
Jubilee nominees to the team include Elgeyo Marakwet Senator Kipchumba Murkomen, nominated Senator Beatrice Elachi, Meru Senator Kiraitu Murungi, nominated Senator Fatuma Dullo and Runyenjes MP Cecily Mbarire.
Others are Naomi Shaban (Taita Taveta), Jimmy Angweyi (Kitutu Chache North), Ben Washiali (Mumias East), Mohammed Mahmoud (Mandera West) and Soipan Tuya (Narok).
Moses Kuria is known for his incendiary words and faces charges of incitement.
Last week, Cord nominated Senators Orengo (Siaya ODM) and Johnstone Muthama (Machakos Wiper), MPs Eseli Simiyu (Tongare, Ford Kenya), Mishi Mboko (Mombasa ODM) and Junet Mohamed (Suna East ODM).
Cord also named Paul Mwangi and Grace Katasi joint secretaries.
After meeting with Cord and with no agreement in sight, the Inter-Religious Council of Kenya sought a fresh appointment with Uhuru to communicate Cord demands.
Sources told the Star Cord CEONorman Magaya was notifying police of next week's anti-IEBC protests.
“If no agreement is reached before Monday, demos are on,” a Cord official said, despite clerics' pleas.
“We propose Cord call off demonstrations, mobilise MPs to support and participate in the Joint Parliamentary Select Committee,” they said in a memorandum.
It indicates Uhuru endorsed proposals to amend the IEBC Act to facilitate reconstitution of the electoral agency.
This would mean paying commissioners all perks for the remainder of their term before they leave.
However, Cord says commissioners, including chairman Issack Hassan — who face investigations in the ChickenGate scandal — should not be compensated by taxpayers.
In a press conference, NCCK Secretary General Peter Karanja said there are signs of hope in the dialogue process but admitted a deal was elusive.
"We are happy contentious issues are reducing dramatically," Karanja said at Raila's Capitol Hill Centre office.
On Tuesday, the government announced a "total ban" on anti-IEBC demonstrations following Monday’s violent protests.
One person was shot dead in Kisumu and many others suffered serious injuries, including gunshot wounds. On the previous Monday, three people were shot dead.
The ban is unlawful, Cord said.
“Clearly, [Interior CS Joseph] Nkaissery is living in the past. His utterances smack of an old colonial order laden with impunity. He is out of touch with our new dispensation,” Magaya said.
In a statement to newsrooms, majority leader Aden Duale announced Jubilee will go on retreat within a week to "harmonise" its position on issues for the joint committee
Jubilee committee members have 30 days to report to Parliament, Duale said. The aim is not to interfere with the date of the election.