National Accord and Reconciliation Act 2008
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The National Accord and Reconciliation Act of 2008 is an act of the National Assembly of Kenya that will re-establish the offices of Prime Minister of Kenya, along with the creation of two deputy prime ministers. This act follows the February 28, 2008 power-sharing agreement between current President Mwai Kibaki and opposition leader Raila Odinga, who will become the first prime minister of Kenya since 1964, when the constitution of the newly-created Republic abolished the office.
[edit] 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 Parliament 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
The Prime Minister can be dismissed from office by majority vote of the Parliament. Either the dismissal of the Prime Minister or the dissolution of the cabinet will result in an immediate snap election.
This is also to be a makeshift act which will hold until the enaction of a new constitution for Kenya which could permanently create the prime minister's office.
Also, 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.
[edit] 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 is likely to be passed in March 2008, when the National Assembly convenes.
