All the key posts have already been filled, and even if ODM members were to enter the new government, it would only be in a peripheral role.
There has been no progress made on opposition demands for an interim government and new elections.
A spokesman for Odinga said Thursday that there was hope that something could come out of the talks, but that it was still too early to be optimistic or pessimistic.
“We want a peaceful resolution,” he said.
No details have, however, been released as to the content of the talks or possible steps towards an agreement.
Kibaki was declared winner of the Dec 27 presidential polls three days after they were held. Odinga and his supporters have, however, charged the incumbent with widespread vote rigging and refused to concede defeat.
International observers have also highlighted discrepancies in the voting process and cast doubt on the veracity of the result.
Subsequent violence pitting supporters of each side against each other has engulfed parts of Kenya.
Kenya’s Human Rights Commission also Thursday announced the opening of a judicial case against the country’s Electoral Commission.