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UNCLAS SECTION 01 OF 03 NAIROBI 000601 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM KE
SUBJECT: KENYA'S POLITICAL CRISIS: TEXT OF FEBRUARY 28 
POWER-SHARING AGREEMENT 
 
¶1.  On February 28, President Mwai Kibaki and opposition 
leader Raila Odinga signed a much awaited power-sharing 
agreement in Nairobi, paving the way for a coalition 
government.  The text of the agreement and its proposed 
companion legislation, which will be considered by Parliament 
when it convenes on March 6, follow: 
 
¶2.  Begin text 
 
                                     ACTING TOGETHER FOR KENYA 
 
      AGREEMENT ON THE PRINCIPLES OF PARTNERSHIP OF THE 
COALITION GOVERNMENT 
 
Preamble: 
 
The crisis triggered by the 2007 disputed presidential 
elections has brought to the surface deep-seated and 
long-standing divisions within Kenyan society. If left 
unaddressed, these divisions threaten the very existence of 
Kenya as a unified country. The Kenyan people are now looking 
to their leaders to ensure that their country will not be 
lost. 
 
Given the current situation, neither side can realistically 
govern the country without the other. There must be real 
power-sharing to move the country forward and begin the 
healing and reconciliation process. 
 
With this agreement, we are stepping forwarding together, as 
political leaders, to overcome the current crisis and to set 
the country on a new path. As partners in a coalition 
government, we commit ourselves to work together in good 
faith as true partners, through constant consultation and 
willingness to compromise. 
 
This agreement is designed to create an environment conducive 
to such a partnership and to build mutual trust and 
confidence. It is not about creating positions that reward 
individuals. It seeks to enable Kenya's political leaders to 
look beyond partisan considerations with a view to promoting 
the greater interests of the nation as a whole. It provides 
the means to implement a coherent and far-reaching reform 
agenda, to address the fundamental root causes of recurrent 
conflict, and to create a better, more secure, more 
prosperous Kenya for all. 
 
To resolve the political crisis, and in the spirit of 
coalition and partnership, we have agreed to enact the 
National Accord and Reconciliation Act 2008, whose provisions 
have been agreed upon in their entirety by the parties hereto 
and a draft copy thereof is appended hereto. 
 
Its key points are: 
 
-- There will be a Prime Minister of the Government of Kenya, 
with authority to coordinate and supervise the execution of 
the functions and affairs of the Government of Kenya. 
 
-- The Prime Minister will be an elected member of the 
National Assembly and the parliamentary leader of the largest 
party in the National Assembly, or of a coalition, if the 
largest party does not command a majority. 
 
-- Each member of the coalition shall nominate one person 
from the National Assembly to be appointed a Deputy Prime 
Minister. 
 
-- The Cabinet will consist of the President, the 
Vice-President, the Prime Minister, the two Deputy Prime 
Ministers and the other Ministers.  The removal of any 
Minister of the coalition will be subject to consultation and 
concurrence in writing by the leaders. 
 
-- The Prime Minister and Deputy Prime Ministers can only be 
removed if the National Assembly passes a motion of no 
confidence with a majority vote. 
 
-- The composition of the coalition government will at all 
times take into account the principle of portfolio balance 
and will reflect their relative parliamentary strength. 
 
 
NAIROBI 00000601  002 OF 003 
 
 
-- The coalition will be dissolved if the Tenth Parliament is 
dissolved; or if the parties agree in writing; or if one 
coalition partner withdraws from the coalition. 
 
-- The National Accord and Reconciliation Act shall be 
entrenched in the Constitution. 
 
Having agreed on the critical issues above, we will now take 
this process to Parliament. It will be convened at the 
earliest moment to enact these agreements.  This will be in 
the form of an Act of Parliament and the necessary amendment 
to the Constitution. 
 
We believe by these steps we can together in the spirit of 
partnership bring peace and prosperity back to the people of 
Kenya who so richly deserve it. 
 
 
Agreed this date 28 February 2008 
 
 
 
Hon. Raila Odinga             H.E. President Mwai Kibaki 
Orange Democratic Movement          Government/Party of 
National                                             y 
                        Unity 
 
 
Witnessed By: 
 
 
 
H.E. Kofi A. Annan                    H.E. Jakaya Kikwete 
 
Chairman of the Panel              President of the United 
of Eminent African Persons         Republic of Tanzania 
                                   and Chairman of the 
                                   African Union 
 
 
 
The National Accord and Reconciliation Act 2008 
 
Preamble: 
 
There is a crisis in this country.  The Parties have come 
together in recognition of this crisis, and agree that a 
political solution is required. 
 
Given the disputed elections and the divisions in the 
Parliament and the country, neither side is able to govern 
without the other.  There needs to be real power sharing to 
move the country forward. 
 
A coalition must be a partnership with commitment on both 
sides to govern together and push through a reform agenda for 
the benefit of all Kenyans. 
 
Description of the Act: 
 
An Act of Parliament to provide for the settlement of the 
disputes arising from the presidential elections of 2007, 
formation of a Coalition Government and Establishment of the 
Offices of Prime Minister, Deputy Prime Ministers and 
Ministers of the Government of Kenya, their functions and 
various matters connected with and incidental to the 
foregoing. 
 
¶1. This Act may be cited as the National Accord and 
Reconciliation Act 2008. 
 
¶2. This Act shall come into force upon its publication in the 
Kenya Gazette which shall not be later than 14 days from the 
date of Assent. 
 
¶3.  (1) There shall be a Prime Minister of the Government of 
Kenya and two Deputy Prime Ministers who shall be appointed 
by the President in accordance with this section. 
 
--  (2) The person to be appointed as Prime Minister shall be 
an elected member of the    National Assembly who is the 
parliamentary leader of - 
 
NAIROBI 00000601  003 OF 003 
 
 
 
(a)   the political party that has the largest number of 
members in the National  Assembly; or 
(b)   a coalition of political parties in the event that the 
leader of the political party that has the largest number of 
members of the National Assembly does not command the 
majority in the National Assembly. 
 
-- (3) Each member of the coalition shall nominate one person 
from the elected members of the National Assembly to be 
appointed a Deputy Prime Minister. 
 
¶4.  (1) The Prime Minister: 
 
    a) shall have authority to coordinate and supervise the 
execution of the functions   and affairs of the Government of 
Kenya including those of Ministries; 
    b) may assign any of the coordination responsibilities of 
his office to the Deputy Prime Ministers, as well as one of 
them to deputise for him; 
    c) shall perform such other duties as may be assigned to 
him by the President or under any written law. 
 
 -- (2) In the formation of the coalition government, the 
persons to be appointed as Ministers and Assistant Ministers 
from the political parties that are partners in the coalition 
other than the President,s party, shall be nominated by the 
parliamentary leader of the party in the coalition. 
Thereafter there shall be full consultation with the 
President on the appointment of all Ministers. 
 
-- (3) The composition of the coalition government shall at 
all times reflect the relative parliamentary strengths of the 
respective parties and shall at all times take into account 
the principle of portfolio balance. 
 
-- (4) The office of the Prime Minister and Deputy Prime 
Minister shall become vacant only if - 
a) the holder of the office dies, resigns or ceases to be a 
member of the National 
      Assembly otherwise than by reason of the dissolution of 
Parliament; or 
b) the National Assembly passes a resolution which is 
supported by a majority of 
all the members of the National Assembly excluding the 
ex-officio members and of which not less than seven days 
notice has been given declaring that the National Assembly 
has no confidence in the Prime Minister or Deputy Prime 
Minister, as the case may be; or 
 
c)the coalition is dissolved. 
 
-- (5) The removal of any Minister nominated by a 
parliamentary party of the coalition shall be made only after 
prior consultation and concurrence in writing with the leader 
of that party. 
 
¶5.  The Cabinet shall consist of the President, the 
Vice-President, the Prime Minister, the two Deputy Prime 
Ministers and the other Ministers. 
 
¶6.  The coalition shall stand dissolved if: 
(a) the Tenth Parliament is dissolved; or 
(b) the coalition parties agree in writing; or 
(c) one coalition partner withdraws from the coalition by a 
resolution of the highest decision-making organ of that party 
in writing. 
 
¶7.  The prime minister and deputy prime ministers shall be 
entitled to such salaries, allowances, benefits, privileges 
and emoluments as may be approved by Parliament from time to 
time. 
 
¶8.  This Act shall cease to apply upon dissolution of the 
tenth Parliament, if the coalition is dissolved, or a new 
constitution is enacted, whichever is earlier. 
 
End text. 
RANNEBERGER