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Cablegate: Text of National Accord and Reconciliation Bill

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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

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