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UNCLAS SECTION 01 OF 05 NAIROBI 000693 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: TEXT OF NATIONAL ACCORD AND RECONCILIATION BILL 
UP FOR PARLIAMENTARY DEBATE 
 
 
¶1. On March 6, the Kenya Gazette Supplement published the 
National Accord and Reconciliation Bill of 2008. This 
Bill will be debated by Parliament at its next session on 
March 11. 
 
Begin text. 
 
A Bill for An Act of Parliament to give effect to the 
Agreement on the Principles of Partnership of the 
Coalition Government, to foster national accord and 
reconciliation, to provide for the formation of a 
coalition Government and the 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 
 
Enacted by the Parliament of Kenya, as follows - 
 
¶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 fourteen 
days from the date of assent. 
 
----------------------------- 
Appointment of Prime Minister 
and Deputy Prime Ministers: 
----------------------------- 
 
¶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- 
 
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 in 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. 
 
a. shall have authority to co-ordinate and supervise the 
execution of the functions and affairs of the Government, 
including those of Ministries; 
 
b. may assign any of the co-ordination responsibilities of 
his office to the Deputy Prime Ministers, as well as one of 
them to deputize for him; 
 
c. shall perform such other duties as may be assigned to 
him by the President or under any written law. 
Functions of the Prime Minister, etc.: 
 
(4) (1) The Prime Minister - 
 
a. shall have the authority to co-ordinate and supervise 
the execution of the functions and affairs of the 
Government, including those of  Ministries; 
 
b. may assign any of the co-ordination responsibilities of 
his office to the Deputy Prime Ministers, as well as one of 
the to deputize 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 and thereafter there shall be full consultation 
with the President on the appointment of all Ministers. 
 
NAIROBI 00000693  002 OF 005 
 
 
 
(3) The composition of the coalition Government shall at 
all times reflect the relative parliamentary strength 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 the 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; 
 
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. 
The Cabinet: 
 
¶5. The Cabinet shall consist of the President, the Vice- 
President, the Prime Minister, the two Deputy Prime 
Ministers and the other Ministers. 
 
----------------------------- 
Dissolution of the Coalition: 
----------------------------- 
 
¶6. The coalition shall stand dissolved if- 
 
a. the Tenth Parliament is dissolved; 
 
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. 
 
---------------------- 
Salary and Allowances: 
---------------------- 
 
¶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. 
 
¶9. In this Act, the Agreement on the Principles of 
Partnership of the Coalition Government means the Agreement 
set out in the Schedule. 
 
--------- 
SCHEDULE: 
--------- 
 
AGREEMENT ON THE PRINCIPLES OF PARTNERSHIP OF THE COALITION 
GOVERNMENT 
 
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 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. 
 
NAIROBI 00000693  003 OF 005 
 
 
 
With this agreement, we are stepping forward 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 
coa1ition 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 co-ordinate 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. 
 
--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. 
 
H.E. President Mwai Kibaki Government/Party of National 
Unity 
 
Hon. Raila Odinga 
Orange Democratic Movement 
 
H.E. President Jakaya Kikwete 
President of the United Republic of Tanzania and Chairman 
of the African Union 
 
H.E. Kofi A. Annan Chairman of the Panel of Eminent African 
 
NAIROBI 00000693  004 OF 005 
 
 
Personalities 
 
--------------------------------- 
MEMORANDUM OF OBJECTS AND REASONS 
--------------------------------- 
 
This Bill emanates from the agreement reached between His 
Excellency President Mwai Kibaki on behalf of the 
Government/Party of National Unity and Hon. Raila Odinga on 
behalf of the Orange Democratic Movement. The agreement was 
witnessed by His Excellency President Jakaya Kikwete, 
President of the United Republic of Tanzania and Chairman 
of the African Union, and His Excellency Kofi Annan, 
Chairman of the Panel of Eminent African Personalities, who 
chaired the deliberations of the National Dialogue and 
Reconciliation Committee. The Committee was formed after a 
political crisis ensued following a dispute on the outcome 
of the Presidential elections held on 2ih December, 2007.The 
political crisis brought to the surface deep-seated and 
long-standing divisions within the Kenyan society. 
The Committee held its deliberations under the auspices of 
the Panel of Eminent African Personalities comprising the 
former Secretary-General of the United Nations, His 
Excellency Kofi Annan, His Excellency Benjamin Mkapa, 
former President of the United Republic of Tanzania and Her 
Excellency Madam Graca Machel. The Government/Party of 
National Unity team was led by Hon. Martha Karua, Minister 
for Justice and Constitutional Affairs, and consisted of 
Hon. Prof. Sam Ongeri, Minister for Education, Hon. Moses 
Wetangula, Minister for Foreign Affairs and Mr. Gichira 
Kibaara, while the Orange Democratic Movement team was led 
by Hon. Musalia Mudavadi, and consisted of Hon. William 
Ruto, Hon. Sally Kosgei, Hon. James Orengo and Mr. Caroli 
Omondi. It proposed and agreed on a raft of constitutional, 
legal and political measures to. defuse the crisis, which 
culminated in the signing of an agreement entitled the 
"Agreement on the Principles of Partnership of the 
Coalition Government" on 28th February, 2008. 
 
The Agreement provided for the establishment of the offices 
of Prime Minister and Deputy Prime Ministers, and the 
formation of a coalition Government. The parties also 
agreed on a draft National Accord and Reconciliation Bill. 
A team chaired by the Hon. S. Amos Wako, the Attorney- 
General of the Republic of Kenya, and comprising the Hon. 
Mutula Kilonzo, the Hon. James A. B. Orengo, Mr. Gichira 
Kibaara and Mr. Caroli Omondi, was mandated to refine the 
proposed Bill. 
 
This Bill therefore seeks to give effect to the Agreement 
and reflects the document entitled "The National Accord and 
Reconciliation Act, 2008" which was attached to the said 
Agreement. 
 
Clause 3 provides for the establishment of the offices of 
Prime Minister and two Deputy Prime Ministers, and provide 
for the appointment of the holders of the respective 
offices by the President. For appointment as a Prime 
Minister, a person should be an elected member of the 
National Assembly, and in addition, should be the 
parliamentary leader of the party with the highest number 
of elected members, or the leader of a coalition of parties 
in the event that the leader of the party with the largest 
number of members of the National Assembly does not command 
a majority in the National Assembly. Deputy Prime Ministers 
are to be appointed from among two persons nominated from 
among members of the National Assembly by the coalition 
partners. 
 
Clause 4 lays down the functions of the Prime Minister, 
among which is the co-ordination and supervision of the 
affairs and execution of functions of Government by various 
Ministries, and also provides for the appointment of 
Ministers and Assistant Ministers in the coalition 
Government from the political parties that are partners in 
the coalition other than the President's party. It also 
sets out how the Prime Minister's office shall fall vacant. 
Clause 4 also requires that prior to removal from office of 
a Minister or Assistant Minister nominated by a coalition 
partner, there has to be consultation and concurrence in 
writing with the parliamentary leader of the party which 
nominated such Minister or Assistant Minister. 
 
NAIROBI 00000693  005 OF 005 
 
 
 
Clause 5 provides for the composition of the Cabinet while 
clause 6 provides for the dissolution of the coalition. 
 
Clause 7 provides for the salaries and allowances of the 
Prime Minister and Deputy Prime Ministers, while clause 8 
lays down the instances under which the Bill, once enacted 
as an Act, shall cease to apply. The Schedule contains a 
text of the Agreement on the Principles of Partnership of 
the Coalition Government which this Bill seeks to give 
effect to. 
 
The enactment of this Bill shall occasion additional 
expenditure of public funds to be provided for through the 
estimates. 
 
Dated the 6th of March, 2008. 
[signed] Amos Wako 
Attorney-General 
End text. 
RANNEBERGER