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UNCLAS SECTION 01 OF 02 NAIROBI 000786 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KDEM KE
SUBJECT: KENYA'S PARLIAMENT AMENDS CONSTITUTION AND ADOPTS 
POWER- SHARING AGREEMENT 
 
REF: A. NAIROBI 693 
     ¶B. NAIROBI 687 
     ¶C. NAIROBI 682 
     ¶D. NAIROBI 601 AND OTHERS 
 
NAIROBI 00000786  001.18 OF 002 
 
 
------- 
 SUMMARY 
 ------- 
 
¶1.  Kenya's grand coalition government is now a legal 
reality.  On March 18, Kenya's parliament adopted the 
Constitutional Amendment Bill and the National Accord and 
Reconciliation Bill (reftels a and c), which create a prime 
minister position and further secure the power-sharing 
agreement between President Kibaki and Raila Odinga.  The 
atmosphere in parliament during debate of these bills was 
once again collegial.  Remarks made by the leaders of both 
the Party of National Unity (PNU) and Orange Democratic 
Movement (ODM) continue to foster a spirit of unity.  The 
next step is agreeing to the distribution of cabinet posts, 
which most observers anticipate will happen in the near 
future.  End Summary. 
 
------------------------------------ 
UNITY OF PURPOSE ON THE FLOOR... 
------------------------------------ 
 
¶2.  The session began with a precedent-setting move. 
President Kibaki entered the hall and sat in the seat 
reserved for the leader of Government business, instead of 
that reserved for the Head of State.  The session began with 
debate on the constitutional Amendment Bill.  Kibaki again 
broke with precedent, speaking on the bill from the floor as 
an MP, not as Head of State.  Kibaki called for unity to 
rebuild the nation.  These comments were echoed by ODM leader 
(and presumptive PM) Raila Odinga and by other MPs taking the 
floor.  Even Minister of Justice and Constitutional Affairs 
Martha Karua, considered the government's leading opponent to 
the power-sharing agreement, spoke of the political necessity 
to implement the deal to move the country forward.  Both 
measures passed the house unanimously and without amendment. 
President Kibaki immediately assented to both, giving them 
force of law. 
 
¶3.  The Speaker broke with tradition and permitted live TV 
broadcast of the session.  (Note: Traditionally, only the 
swearing-in of MPs and the State Opening are broadcast live. 
In a sign that Parliament may become a more transparent 
institution, Speaker Marende has pledged to permit live radio 
broadcasts of Parliament sessions within six months, with 
live television broadcasts to follow by the end of 2008. End 
Note.)  Kibaki and Raila both called for Kenya to deal with 
ethnicity in a forthright manner, while emphasizing the right 
of Kenyans to live anywhere in the country.  Both agreed on 
the need for a new constitution.  Kibaki sounded optimistic 
that a new Constitution could be adopted within 12 months, as 
called for in the power sharing agreement. 
 
------------------------------- 
... BUT IMPORTANT ISSUES REMAIN 
------------------------------- 
 
¶4.  Passage of the legislation is important, but the parties 
must still negotiate several critical issues.  For example, 
the mandate of the PM is still undefined, as 
is the PM's position in relation to the VP (ODM insists that 
the PM should report directly to the President, while many in 
PNU want the MP to report to the VP).  Both sides also need 
to name their respective Deputy Prime Minister.  ODM has 
apparently settled on Musalia Mudavadi as its Deputy PM. 
However, the PNU coalition has yet to settle the matter, with 
Minister of Local Governance Uhuru Kenyatta, Martha Karua, 
and Minister of Finance Amos Kimunya among the most serious 
contenders.  In addition, the parties must agree on the 
number of ministries (expected to be expanded from 32 to 
approximately 38).  Negotiations on the allocation of 
ministries among PNU (and its Orange Democratic 
Movement-Kenya partner) and ODM are ongoing.  In nominating 
ministers, both Kibaki and Raila must balance competing 
regional constituencies within their coalitions.  Already 
Rift Valley MPs have demanded that they be rewarded for their 
steadfast support of ODM.  Similar demands are being placed 
 
NAIROBI 00000786  002 OF 002 
 
 
on PNU. 
RANNEBERGER