National Accord and Reconciliation Act 2008
Encyclopedia
The National Accord and Reconciliation Act of 2008 is an act of the National Assembly of Kenya
that temporarily re-established the offices of Prime Minister of Kenya
, along with the creation of two deputy prime ministers. This act followed the February 28, 2008 power-sharing agreement between current President Mwai Kibaki
and opposition leader Raila Odinga
, who became the first prime minister of Kenya since 1964, when the constitution of the newly-created Republic abolished the office.
The Prime Minister, while being appointed by the President without the need for prior consultation, shall have a distinct portfolio and will coordinate the reform agenda and supervise ministries. The PM is also accountable to the President and will be immune from civil or criminal prosecution.
Like in most other parliamentary democracies, the prime minister's government will be dependent upon the party majority or power-sharing coalition majority in parliament. It will fall from power if or when:
The Prime Minister can be dismissed from office by majority vote of the Parliament.
In the drafting, the act suggests that the Permanent Secretary in the Prime Minister's office will serve as Secretary to the Cabinet and head of the civil service, which means that this Permanent Secretary will also coordinate the work of other Permanent Secretaries.
In the final draft, and consequent bill, the language of the Act did not dictate that the PS in the PM's office would serve as the Secretary to the Cabinet and thus the Head of the Civil Service. The role of the PM and his office as per the Act is to supervise and co-ordinate activities of government. The role of the Head of Civil Service as per the constitution is to implement policy directives given to the office by the Office of the President. The vagueness of these two roles has neither been in addressed in the National Accord Act nor the Constitution of Kenya, thus creating discrepancies and power struggles between the two partners in the coalition.
The National Accord does not state whether the Act itself takes precedent over the Constitution of Kenya or not, thus leading to the recent impasse in the appointment of the Leader of Government Business. The act also does not spell out the events that would follow if one of the partners from the coalition withdraws.
The ODM draft was passed on March 18, 2008, soon after the National Assembly convened on March 6th.
National Assembly of Kenya
The unicameral National Assembly of Kenya is the country's legislative body.The current National Assembly has a total of 224 members. 210 members are directly elected in single member constituencies using the simple majority system...
that temporarily re-established the offices of Prime Minister of Kenya
Prime Minister of Kenya
The Prime Minister of Kenya is a post in the Kenyan government. The first Prime Minister of Kenya was Jomo Kenyatta who became Prime Minister in 1963. In 1964, Kenya became a Republic and the post of Prime Minister was abolished and Jomo Kenyatta assumed the position of President...
, along with the creation of two deputy prime ministers. This act followed the February 28, 2008 power-sharing agreement between current President Mwai Kibaki
Mwai Kibaki
Mwai Kibaki is the current and third President of the republic of Kenya.Kibaki was previously Vice President of Kenya for ten years from 1978–1988 and also held cabinet ministerial positions, including a widely acclaimed stint as Minister for Finance , Minister for Home Affairs and Minister for...
and opposition leader Raila Odinga
Raila Odinga
Raila Amollo Odinga , also popularly known to Kenyans as Agwambo, is a Kenyan politician, currently serving as the Prime Minister of Kenya in a coalition government. He has served as a Member of Parliament for Langata since 1992, was Minister of Energy from 2001 to 2002, and was Minister of Roads,...
, who became the first prime minister of Kenya since 1964, when the constitution of the newly-created Republic abolished the office.
Details of the act
The Cabinet will now consist of the president, vice-president, prime minister, two deputy prime ministers, and other appointed ministers.The Prime Minister, while being appointed by the President without the need for prior consultation, shall have a distinct portfolio and will coordinate the reform agenda and supervise ministries. The PM is also accountable to the President and will be immune from civil or criminal prosecution.
Like in most other parliamentary democracies, the prime minister's government will be dependent upon the party majority or power-sharing coalition majority in parliament. It will fall from power if or when:
- the 10th Kenyan Parliament10th Kenyan ParliamentThe 10th Parliament of the National Assembly of the Republic of Kenya was opened on January 15, 2008, with the Orange Democratic Movement of Raila Odinga in the majority. Raila was a candidate in the 2007 presidential elections, which resulted in a controversial victory for Mwai Kibaki of the PNU...
is dissolved, or - the coalition members agree in writing, or
- one coalition member withdraws from the coalition by resolution of the member's party's decision-making body
- a new constitution is enacted
The Prime Minister can be dismissed from office by majority vote of the Parliament.
In the drafting, the act suggests that the Permanent Secretary in the Prime Minister's office will serve as Secretary to the Cabinet and head of the civil service, which means that this Permanent Secretary will also coordinate the work of other Permanent Secretaries.
In the final draft, and consequent bill, the language of the Act did not dictate that the PS in the PM's office would serve as the Secretary to the Cabinet and thus the Head of the Civil Service. The role of the PM and his office as per the Act is to supervise and co-ordinate activities of government. The role of the Head of Civil Service as per the constitution is to implement policy directives given to the office by the Office of the President. The vagueness of these two roles has neither been in addressed in the National Accord Act nor the Constitution of Kenya, thus creating discrepancies and power struggles between the two partners in the coalition.
The National Accord does not state whether the Act itself takes precedent over the Constitution of Kenya or not, thus leading to the recent impasse in the appointment of the Leader of Government Business. The act also does not spell out the events that would follow if one of the partners from the coalition withdraws.
History of enactment
Two drafts of the reconciliation act were created:- one by the PNU-led government known as the Establishment of the Prime Minister and Deputy Prime Minister's Act 2008, which would create a non-executive prime minister
- one presented by the ODM-majority assembly, known as the National Accord and Reconciliation Act 2008, which would create a grand executive coalition between the ODM and PNU.
The ODM draft was passed on March 18, 2008, soon after the National Assembly convened on March 6th.