DEED OF AGREEMENT FOR AZIMIO ONE KENYA

A DEED OF AGREEMENT IN RESPECT OF THE AZIMIO ONE KENYA ; BEING A COALITION POLITICAL PARTY , FOCUSED ON FOSTERING NATIONAL UNITY , INCLUSIVITY AND PROSPERITY

DATED THIS 12TH DAY OF MARCH 2022

PREAMBLE

We , the undersigned Parties to this Agreement,  CONSCIOUS of our duty to the Almighty God and to the Peoples of the Republic of Kenya :

DETERMINED to protect , implement and promote the Constitution of the Republic of Kenya :

RESOLUTE in our desire to foster National unity and prosperity of the people of Kenya, while ever perfecting the Cohesion of our Nation and Peoples :

COMMITTED to empowering Kenyans through devolved and decentralized governance :

MINDFUL of our duty to restore professionalism and public confidence in the Nation's institutions :

DETERMINED to enable our Nation play her role as a member of the East African Community , regional organizations , the African Union , the United Nations and multilateral institutions :

PROUD and RESPECTFUL of the Ethnic , Racial , Cultural and Religious diversity of the Peoples of Kenya :

INFORMED by the need for Honest , Transparent and Accountable political leadership in our beloved Nation :

CONSCIOUS of the need to build unity among the political leadership as a foundation for peaceful and stable nation :

just Nation

INSPIRED by the indomitable Spirit of the Peoples of Kenya to build underpinned by the RULE OF LAW rather than the RULE OF PERSONS :

APPRECIATING the inherent right of the peoples of Kenya to participate in free and fair elections , free of any form of violence , as the cornerstone of our democracy :

ACKNOWLEDGING that as the country prepares to hold a General Election on 9th August 2022 , the Peoples of Kenya are yearning for an electoral process and outcome characterized by sober contemplation and debate on key national challenges among them corruption , respect for dissent and views of others , peaceful campaigns , a stable post election economic environment , and a united , inclusive , fair and prosperous government :

BUILDING on the foundation laid by our forebears and inspired by the common desire to build on their positive legacies :

DETERMINED to form the government following the General Elections to be held in August, 2022 :

NOW THEREFORE we undertake in this Agreement to bring the Parties together to ensure an outcome in the said election that will fulfill the wishes of the Peoples of Kenya and guarantee them a Government that will continue to pursue the endeavours towards national unity .

2

ARTICLE 1 : NAME OF THE COALTION PARTY

( 1 ) The name of the Party shall be the AZIMIO ONE KENYA ( hereinafter referred to as " the Coalition Party " ) .

( 2 ) The registered office of the Party shall be at Nairobi , or at such alternative address as may be appointed by the National Coalition Executive Committee .

ARTICLE 2 : OBJECTIVES OF THE COALITION PARTY

( 1 ) To mobilize the Peoples of Kenya to participate in peaceful , free and fair elections ;

( 2 ) To form an inclusive Government anchored in the Constitution and laws of Kenya following the 2022 General Elections ;

( 3 ) Promote , protect , and defend the Constitution of Kenya 2010 ;

( 4 ) To forge and demand a culture of zero tolerance to corruption in Kenya by refreshing and by fuller enforcing all anti - corruption laws and strengthening the institutions entrusted with the war on corruption ;

( 5 ) To promote and foster national unity , inclusivity , reconciliation and healing ;

( 6 ) To foster fair and equitable distribution of national resources and balanced development ;

( 7 ) Uphold , guard and respect the dignity of all individuals and communities ;

( 8 ) To enhance equality of opportunity for all citizens ;

( 9 ) To respect and promote the right of all persons including minorities and marginalized groups to participate in the political process ;

( 10 ) To promote the peaceful co - existence , security and safety of all the people of Kenya ;

( 11 ) To create an internationally competitive nation by creating a conducive environment for economic investment and technological innovation ; and

( 12 ) To place greater focus on consultation and citizen participation .

ARTICLE 3 : GUIDING VALUES AND PRINCIPLES

The Coalition shall be governed by the following values and principles ;

( 1 )

Integrity , transparency , accountability and accessibility in leadership ; Mutual trust and respect ;

( 2 )

( 3 )

National unity and inclusiveness ;

( 4 )

Patriotism ;

( 5 )

Public consultation and participation in decision making ;

( 6 )

Democracy , Constitutionalism and Rule of Law ;

( 7 )

Human rights , dignity and freedom ;

( 8 )

Equality and equity , including affirmative action for persons with disabilities , women , marginalized groups and communities ;

( 9 )

Empowerment of the youth ;

3

( 10 ) Good stewardship of national resources ;

( 11 ) Devolved governance ;

( 12 ) Inclusive governance , equitable , sustainable development and social justice ;

( 13 ) Free , vigorous media and vibrant civil society and freedom of information ;

( 14 ) Zero tolerance to corruption ;

( 15 ) Free , fair and credible elections ; and

( 16 ) Professionalism and meritocracy in public administration .

( 17 ) Gender equality and equity including the full implementation of the two thirds gender rule in the Constitution .

( 18 ) Decision making by consultation , consensus , and by voting as a last resort .

( 19 ) Dispute resolution through negotiation , mediation or arbitration .

ARTICLE 4 : POLICIES , VISION AND MISSION

The policy , vision and mission policy of the Coalition are anchored on : -

( i ) Implementing our Constitutional framework to strengthen devolution including sharing and transfer of more functions and resources to County Governments .

( ii ) Realizing the equality principles and goals entrenched in Article 27 of the Constitution .

( iii ) Realizing social and economic rights as enshrined in Article 43 of the Constitution ,including ensuring equitable sharing of national and local resources throughout Kenya .

( iv ) Wealth and job creation

( v ) universal suffrage based on full representation and equality of the vote

The Coalition parties shall progressively but expeditiously align their respective parties 'constitutions and manifestos to the vision and policies set out in this article .

POLICIES

The Parties have agreed on the following five policies as the basic pillars of their Coalition .

( 1 ) Utu

The Parties will pursue policies that promote the common humanity of all Kenyans and that nurture the respect and dignity of each and every citizen .

( 2 ) Undugu

The Parties will promote the comradeship and fellowship among the peoples of Kenya to enable them to work together with their leadership towards a common destiny .

( 3 ) Usawa

The Parties will assert equality and equity among Kenyans from all economic and social classes in their access to public services and also to economic opportunities in life .

( 4 ) Umoja

The Parties will foster unity among the different linguistic , religious , racial , national , ethnic groups and communities to work towards establishment of a cohesive nation of all the peoples of Kenya .

4

( 5 ) Uzalishaji

The Parties will promote technological innovation , economic investment and job creation in pursuit of the national dream that plenty be found within our borders .

VISION

Our Vision shall be a just , inclusive , and prosperous Kenya

MISSION

Our Mission shall be to offer leadership that is inclusive , responsive to the citizens ' needs and bound by the rule of law .

ARTICLE 5 : ORGANS OF THE COALITION

The organs of the Coalition Party shall consist of :

( 1 ) The Party Leader and Deputy Party Leader

( 2 ) The Coalition Council ;

( 3 ) The National Coalition Executive Committee ;

( 4 ) The National Secretariat headed by Executive Director ;

( 5 ) The Coalition Parliamentary Group ;

( 6 ) The County Coalition Caucus ;

( 7 ) The National Disciplinary Committee ;

( 8 ) The Dispute Resolution Panel ; and

( 9 ) Such other organs as may be established pursuant to this Agreement .

ARTICLE 6 : COMPOSITION AND DUTIES OF THE ORGANS

( 1 ) In the composition of its organs , the Coalition Party shall ensure that its structures and organs adhere to the constitutional principles and values in relation to the inclusion of women , youth , persons with disabilities , marginalized communities and groups .

( 2 ) Members appointed to the Coalitions ' organs must meet the requirements of chapter six of the Constitution of Kenya .

( 3 ) The composition and duties of the Coalition Party organs shall be as follows :

( A ) THE COALITION COUNCIL

( 1 ) There is established the Coalition Council which shall be the political leadership

organ of the Coalition .

( 2 ) The Coalition Council shall comprise of seven ( 7 ) members appointed by the party leaders of the Coalition constituent parties. Each of the three caucuses, shall appoint two members of the council .

The first Chairperson of the Coalition council shall be agreed upon by the inaugural members of the Coalition Council .

5

( 3 ) The Coalition Council shall meet once in every Three ( 3 ) months , or when necessary , as determined by the Council Chairperson .

( 4 ) Coalition partners may at any time form a caucus for purposes of easing their representation in the Coalition Council . In such an eventuality the Coalition partners shall deposit with the Coalition Council any resolutions made and agreements entered into regarding the formation of such a caucus .

The inaugural caucuses of the coalition are the Jubilee caucus , the ODM caucus and the OKA

caucus .

( 5 ) The Coalition Council shall :

( i ) Be charged with the governance of the Coalition Party .

( ii ) Give policy direction for the Coalition ;

( iii ) To formulate the principles for the organization of Government to ensure equity , fairness and transparency among Coalition partners .

( iv ) Be responsible for admitting other members on such terms as may be decided ;

( v ) Make its own rules of procedure or in the absence of such , the rules provided under provisions of this agreement shall be applicable ;

( vi ) Authorize the execution of all coalition instruments ;

( B ) NATIONAL COALITION EXECUTIVE COMMITTEE

( 1 ) There is established the National Coalition Executive Committee .

( 2 ) The roles and functions of the members of the National Coalition Executive Committee shall be prescribed by the Coalition Council .

( 3 ) The membership of the National Coalition Executive Committee shall comprise the following members appointed by the Coalition Council :

( a ) The National Chairperson ;

( b ) The National Vice - Chairperson ;

( c ) The National Secretary General ;

( d ) National Deputy Secretary General ;

( e ) The National Treasurer ;

( f ) National Deputy Treasurer ;

( g ) The National Organizing Secretary ;

( h ) National Deputy Organizing Secretary ; and

( i ) Executive Director , as an ex - officio member .

( 4 ) The National Coalition Executive Committee shall :

( a ) Supervise the administrative machinery of the Coalition at all levels

( b ) Ensure that Coalition policies are adhered to in both Houses of Parliament and in the County Assemblies .

( c ) Report its activities to the Coalition Council .

( d ) Appoint the Executive Director and other members of the Secretariat , provided that the Executive Director shall be appointed in consultation with the Coalition Council .

( e ) Approve the budgets and work plans of the National Secretariat .

( f ) Formulate policy for consideration by the Coalition Council .

( g ) Propagate Coalition ideology and policies .

( h ) Advise the Coalition Council in the performance of their functions under this

Agreement .

( i )Either directly or through the Secretariat , implement the decisions of the Coalition Council .

( j )Coordinate fundraising and publicity of the Coalition Party .

( k )With the sanction of the Coalition Council , prescribe rules and regulations for the efficient management of the Coalition from time to time ; and

( 1 )

Exercising any other such powers and perform such other functions as are conferred upon it by this Agreement

( 5 ) The National Coalition Executive Committee shall meet at least once every three months or as frequently as the circumstances may dictate .

( 6 ) The National Coalition Executive Committee shall make its own rules of procedure .

( 7 ) The National Coalition Executive Committee may establish and delegate to a Committee of the National Coalition Executive Committee such of its powers and duties as it may deem necessary , provided that , except with the written authority of the National Coalition Executive Committee , no act of a Committee shall be binding on the NCMB until it has been approved by the National Coalition Executive Committee .

( C ) THE NATIONAL SECRETARIAT

( 1 ) There is established a National Secretariat which shall be comprised of such directorates as shall be determined by the National Coalition Executive Committee.

( 2 ) The aforesaid directorates may be reconstituted and the directors re - assigned responsibilities .

( 3 ) The National Secretariat shall be headed by the Executive Director and shall manage the day - to - day affairs of the Coalition Party , co - ordinate and implement actions and decisions of Organs of the Coalition and do anything connected therewith for the achievement of all or any of the objectives of the Coalition , and shall :

( a )

Draw agenda for the meetings of the organs of the Coalition Party and organize the realization of those meetings ;

( b )

Coordinate the activities the Coalition Party County Caucus in order to ensure the strengthening and popularization of the Coalition at the grassroots level , and ensure that the reports from the field are attended to promptly and the Groups and Offices are adequately guided ;

( c ) Provide administrative and secretarial services to the organs of the Coalition Party ;

( d ) Co - ordination of the activities of all organs of the Coalition Party ;

( e ) Maintain a national register of members of the Coalition Party ;

( f ) Undertake procurement on behalf of the Coalition Party under the direction of the National Coalition Executive Committee ;

( g ) Carry out such other functions as may be assigned to it by the Coalition Council and the National Coalition Executive Committee ;

( h ) Perform such other functions as provided under this Coalition Agreement .

( 4 ) The Coalition Partners shall provide to the National Secretariat such information

and support as may be necessary for the proper functioning of the National Secretariat .

( D ) THE COALITION PARTY PARLIAMENTARY GROUP

( 1 ) There shall be established a Coalition Parliamentary Group immediately after the August , 2022 General Elections .

( 2 ) The Coalition Party Parliamentary Group shall comprise :

( a )

All Members of Parliament as shall have been elected or nominated on the ticket of the constituent parties to the Coalition ;

( b )

Coalition Political Party's elected and nominated Members of Parliament ; and Members of the East African Legislative Assembly drawn from the Coalition .

( c )

( 3 ) The leadership of the Coalition Party Parliamentary Group shall be as determined by the Coalition Council .

( 4 ) The duties of the Coalition Party Parliamentary Group shall include espousing, advancing and defending Coalition Party policies and programmes within Parliament and shall , at all times , whether jointly or severally exercise due diligence in the discharge of their parliamentary duties .

( 5 ) The Coalition Party Parliamentary Group shall make its own rules and regulations to govern the conduct of its meetings and deliberations provided that such rules shall be laid before the National Coalition Executive Committee for approval .

( E ) THE COALITION COUNTY CAUCUS

( 1 ) There shall be established the Coalition County Caucus immediately after the August, 2022 General Elections .

( 2 ) The Coalition County Caucus shall comprise of :

( a )

All members of the County Assembly as shall have been elected or nominated on the ticket of the constituent parties to the Coalition ;

( b )

Coalition Political Party Elected and Nominated Members of County Assembly .

( 3 ) The leadership of the Coalition Party County Assemblies Group shall be as determined by the Coalition Council .

( 4 ) The duties of Coalition County Caucus shall include propagating , advancing and defending Coalition Party policies and programs within their respective County Assemblies and shall , at all times , whether jointly or severally exercise due diligence in the discharge of their duties .

ARTICLE 7 : COALITION SEAL , SYMBOL , FLAG AND SLOGAN

1 ) The Coalition Seal

( 1 ) The Coalition shall have a seal .

( 2 ) The Seal shall be kept in the custody of the Executive Director and shall be affixed on documents or other items duly approved by the National Coalition Executive Committee .

( 3 ) The Seal shall be authenticated by the signature of the Executive Director and in his / her absence that of another person duly authorized in writing by the National Coalition

Executive Committee .

( 4 ) When authenticated as provided in clause 1 ( c ) of this Article , the affixation of the seal on the document approved as provided in clause 1 ( b ) of this Article , shall be presumed to have been duly authorized and the contents of the document so affixed shall , as against third parties , be binding on the Coalition .

( 5 ) The Seal may be redesigned as circumstances and interests of the Coalition may dictate, PROVIDED that sufficient Public Notice shall be given of such redesignation and any documents previously sealed shall continue to be valid as against the Coalition .

2 ) The Coalition Symbol

The Coalition party's symbol shall be as prescribed by the National Coalition Executive Committee .

3 ) The Coalition Flag

( 1 ) The Coalition shall have a flag whose design and colours shall be shall be as prescribed by the National Coalition Executive Committee .

( 2 ) Coalition Officials , Officers and members shall hoist and fly the Coalition flag at all Coalition establishments , functions , and activities PROVIDED that such hoisting and flying shall be subservient to that of the National Flag and the Presidential Standard .

4 ) Party Slogan

The slogan of the Coalition shall be " Azimio : One Kenya " or such other formulation as may be agreed by the Coalition Council .

ARTICLE 8 : DECISION MAKING

( 1 ) Without prejudice to any provisions herein , meetings of the various organs of the Coalition shall be presided over as provided hereunder :

( a ) The Coalition Council shall be convened and chaired by the Coalition Party leader or ; In the absence or inability of the Coalition Party Leader , the Coalition Deputy Party Leader in consultation with the Coalition Council ;

( b ) The National Coalition Executive Committee shall be convened and chaired by the National Chairperson and in the absence or inability of the Chairperson , by the ViceChairperson . In the absence of the Chairperson and the Vice - Chairperson , the Committee shall appoint one of their own to chair .

( c ) The Coalition Parliamentary and County Assembly Group meetings shall be convened and presided over by the Coalition Party Leader or any other person as may be designated by the Party Leader .

( 2 ) Resolutions shall be passed by consensus PROVIDED that where there is no consensus , the following procedure shall apply : -

( a ) At meetings of any of the organs and committees that may be established under this agreement , contested matters shall be determined by voting .

( b ) In the event of an equality of votes at any meeting , the Chairperson shall have a casting vote .

( 3 ) The Coalition policy proposals will be initiated and proposed by the National Coalition Executive Committee for consideration and adoption by the Coalition Council .

( 4 ) Any of the Coalition Party meetings referred to above may be held at a designated venue or virtually as circumstances may dictate .

( 5 ) Unless otherwise agreed by the convening organ or specified under this agreement , any meeting shall be convened with a notice period of not less than seven days , or such shorter period if determined by the Chairperson .

ARTICLE 9 : NOMINATION AND ELECTIONS MANAGEMENT

( 1 ) The Coalition Party shall establish the following election management bodies : -

( a ) A Coalition Elections Board comprising five ( 5 ) members that shall be charged with the responsibility of overseeing the Coalition Party's participation in the elections .

( b ) A Coalition Elections Appeals Board comprising seven ( 7 ) members that shall be charged with the responsibility of hearing and determining the Coalition election disputes .

( 2 ) The Coalition Council shall appoint the members of the Coalition Elections Board and the Coalition Elections Appeals Board .

( 3 ) The jurisdiction of the Elections Board and the Coalition Elections Appeal Board shall be limited to candidates of the Coalition and Coalition matters , and shall not override competent bodies of the constituent parties .

ARTICLE 10 : ELECTIONS AND NOMINATIONS

10

The Nomination of Candidates for Election shall be in accordance with the Nomination Rules prescribed by the National Coalition Executive Committee .

ARTICLE 11 : ORGANIZATION OF GOVERNMENT

( 1 ) The parties to this Coalition Agreement shall form a Coalition Government .

( 2 ) Organization of government in the Coalition Government will be governed by the following principles :

( a ) National aspiration for an inclusive , democratic and participatory governance as enshrined in the Constitution of Kenya .

( b ) Equality and equity , including affirmative action among the Coalition partners .

( c ) Utmost good faith among the Coalition partners .

( d ) Adherence to the terms of the Coalition agreement

ARTICLE 12 : CODE OF CONDUCT

( 1 ) Members of the Coalition Partners shall abide by

( a ) The provisions of Articles 10 and 91 and Chapter Six of the Constitution of Kenya ;

( b ) The provisions of the Political Parties Act 2011 ;

( c ) The provisions of the Elections Act 2011 ;

( d ) The provisions of the Public Officer Ethics Act 2003 ;

( e ) The provisions of the Leadership and Integrity Act 2012 ; and

( f ) The provisions of the Anti - Corruption and Economic Crimes Act , 2003 .

( 2 ) The members of the Coalition hers and any persons appointed by the Coalition to serve in National and County Governments shall comply with the provisions of this Coalition Agreement .

( 3 ) Members of the Coalition partners given executive appointments , leadership positions in legislative bodies and other National and County Government executive appointments, including those in the management of Coalition affairs shall : -

( a ) Discharge their duties in accordance with the framework established by the Constitution of Kenya including Article 10 and Chapter 6 ;

( b ) Conduct themselves with decorum in both their public and private affairs so as not to bring disrepute to the Coalition ; and

( c ) Avoid conflict of interest between their personal interests and those of the public offices which they serve ;

( 4 ) Parties to the Coalition shall : -

( a ) Promote the objectives and policies underlying this Coalition Agreement in the performance of their duties ;

11

( b ) Support policy alternatives formulated by the Coalition in the administration and management of public affairs ;

( c ) Promote patriotism and national unity ;

( d ) Respect , uphold and promote democratic practices through free , fair and credible political party nominations ;

( e ) Be tolerant and inclusive in all their political activities ;

( f ) Respect , uphold and defend the respective Coalition Partner's Constitution ; and

( g ) Promote cooperation in political competition .

( 5 ) Coalition officials and officers shall be expected to immediately sign this Code of Conduct upon appointment to their respective positions .

ARTICLE 13 : NATIONAL DISCPLINARY COMMITTEE

( 1 ) There is established a National Disciplinary Committee .

( 2 ) The National Disciplinary Committee shall be composed of an uneven number of not less than three ( 3 ) and not more than seven ( 7 ) members including the Chairperson AND which membership shall be determined from time to time by the Coalition Council PROVIDED not more than two thirds of the membership shall be of the same gender .

( 3 ) The Chairperson and at least one additional member of the National Disciplinary Committee shall be persons qualified to be judges of the High Court of Kenya and who are in compliance with Chapter Six of the Constitution of Kenya .

( 4 ) The Members of the National Disciplinary Committee shall be appointed from among persons who are :

( a ) Citizens of Kenya of above the age of 18 years ;

( b ) Reputable , knowledgeable competent and impartial ;

( c ) Persons not holding any other office in the party ; and

( d ) Paid up members of the constituent parties

( 5 ) The members of the National Disciplinary Committee shall elect the Deputy Chairperson and who shall be of the opposite gender to the Chairperson .

( 6 ) The National Disciplinary Committee shall have jurisdiction to hear and determine matters relating to or concerning discipline within the party , including enforcement of the Code of Conduct ;

( 7 ) The National Disciplinary Committee shall have the power to impose any penalty provided for in this Agreement .

( 8 ) The decision of the National Disciplinary Committee shall stand until and unless set aside, varied or substituted by the National Coalition Executive Committee .

( 9 ) The National Disciplinary Committee shall make rules , regulations and guidelines governing the procedures to be employed by it .

12

( 10 ) In all cases before the National Disciplinary Committee , every person appearing for a hearing shall be entitled to a fair hearing and be accorded an opportunity to defend themselves and may be represented by an advocate or any other party member .

( 11 ) The National Disciplinary Committee shall report its findings and decisions to the National Coalition Executive Committee for adoption , ratification , variation or substitution .

( 12 ) The jurisdiction of the National Disciplinary Committee shall be limited to matters concerning the Coalition .

ARTICLE 14 : MATTERS THAT AMOUNT TO DISCIPLINARY OFFENCES

( 1 ) Disciplinary action shall be instituted against a member in cases of :

( a ) Gross misconduct ;

( b ) Corruption ;

( c ) Misappropriation of Party funds and / or misuse of Party facilities ;

( d ) Disloyalty to the Coalition Party ;

( e ) Allegiance to another political party ;

( f ) Acting or advancing positions in contrary to the party position ;

( g ) Failure , refusal or neglect to carry out directives or instructions of the Party ;

( h ) Failure to make remittance / or pay dues to the Party ;

( i ) Disobedience / disregard of decisions of the party and the organs of the Party ;

( j ) Failure to abide by the Code of Conduct of the Party ;

( k ) Any other act or omission that may bring the party into disrepute .

( 2 ) The Coalition Council may , with justifiable cause , appoint a committee to investigate the affairs of any organ of the party .

( 3 ) The Coalition Council may refer any disciplinary matter to the National Disciplinary Committee .

ARTICLE 15 : PENALTIES FOR DISCIPLINARY MEASURES

( 1 ) In the discharge of its disciplinary mandate the National Disciplinary Committee may :

( a ) Suspend a member ;

( b ) Expel a member ;

( c ) Fine a member ;

( d ) Remove / de - whip a member from committees of Parliament or County Assemblies .

ARTICLE 16 : DISPUTE RESOLUTION

( 1 ) There is established a Dispute Resolution Panel comprising five ( 5 ) members .

( 2 ) The Dispute Resolution Panel shall have jurisdiction to adjudicate on all disputes amongst the Coalition Partners relating to a matter that cannot be resolved by the organs of the Coalition Party .

13

( c ) subject to Article 21.2 below , at the expiry of the term of the Parliament following the General Elections held in August , 2022 .

( 2 ) This Coalition Agreement may be renewed on the same and or such other terms as may be agreed upon by the Parties .

ARTICLE 22 : WITHDRAWAL OF PARTIES

( 1 ) Any Party may withdraw from this Coalition Agreement upon giving 90 Days ' Notice to the Coalition Council of its intention to withdraw from the Coalition Party .

( 2 ) No Party may withdraw from the Coalition Six Months before the August 2022 General Elections or within Three Months after the date of the said General Elections .

ARTICLE 23 : TRANSITIONAL PROVISIONS

Until the convening of the first meeting of the Coalition Council , its functions shall be deemed to have been done by the resolutions of the constituent National Delegates Conferences PROVIDED that the inaugural members of the Coalition Council shall , at the execution of this deed of agreement, be agreed upon by the Party Leaders of Jubilee Party and the Orange Democratic Movement.

ARTICLE 24 : ENFORCEMENT AND SANCTIONS FOR BREACH OF THE AGREEMENT

( 1 ) This Agreement is legally binding and enforceable under the Laws of the Republic of Kenya .

( 2 ) The Parties to this Agreement shall mutually and in utmost good faith uphold and defend this Agreement .

( 3 ) Where any Coalition Partner is aggrieved and asserts that there has been a breach of this Agreement or its performance is frustrated , it shall by a written resolution of its highest decision - making organ refer the matter to the Dispute Resolution Panel.

( 4 ) Where the Dispute Resolution Panel finds that there has been breach of this Agreement

then the Panel shall :

( a ) direct the Coalition Partner in breach to rectify the breach within such time as may be stipulated ; and

( b ) where appropriate , make such determination or impose such other sanctions as it may determine .

( 5 ) In the event that the Coalition Partner in breach does not rectify the breach or honour such directive as was imposed by the Panel within the stipulated time , the Panel may recommend to the Coalition Council the expulsion of such Coalition Partner .

( 6 ) Nothing in this Article shall be construed as precluding the aggrieved Coalition Partner

( s ) from exercising its right to withdraw from the Coalition Party , in accordance