Saturday, March 1, 2008

The Agreement and the road ahead

 

The deal, which took two days of intense diplomacy by chief mediator Kofi Annan and Tanzanian President Jakaya Kikwete, was struck after the two protagonists — President Kibaki and ODM leader Raila Odinga —  ignored the views of hard-liners in their camps to give Kenyans a coalition agreement that would see the Opposition share power with the government.

At an exclusive meeting in Harambee House, both leaders ceded ground to arrive at a power-sharing agreement that created the position of a prime minister who will exercise some authority on government.

Sources said that Mr Annan decided to deal directly with President Kibaki and Mr Odinga after realising that the two may not have been getting accurate briefs on the progress of the negotiations from their teams.

It is not yet clear what may have prompted President Kibaki’s change of heart over his earlier stated stand on the creation of a PM’s post which he had emphasised only hours before the deal was sealed on Thursday.

However, a source close to the President said on Friday: “A time comes when a leader must take the hard decisions on his own and what happened yesterday (Thursday) was one such moment. The President rose above party interests to make a decision for Kenya.”


Mr Annan with fellow mediators, Graca Machel and Benjamin Mkapa: Their work done, Wako is now the point of focus.

Chief mediator Kofi Annan leaves the country on Sunday as the task of transforming the historic Harambee House deal into law shifts to Attorney-General Amos Wako and Parliament.

Mr Annan, the man who for 41 days embodied Kenya’s hopes peace, leaves subsequent mediation efforts in the hands of former Nigerian foreign minister Oluyemi Adeniji.

The AG and four other lawyers, who are part of the Serena mediation process, will now draft the necessary Bills to amend the Constitution and accommodate the National Accord and Reconciliation Act 2008 signed on the steps of Harambee House into the country’s statute books.

Both PNU and ODM have scheduled meetings ahead of the opening of Parliament Thursday to marshal their troops behind the deal struck between President Kibaki and ODM leader Raila Odinga on Thursday, setting the stage for a major reorganisation of the government structure.

495px-Kenya_Map The five draftsmen are Mr Wako, Ugenya MP James Orengo, his Mbooni counterpart Mutula Kilonzo and the mediation team’s joint secretaries Karoli Omondi and Dr Gichira Kibaara.

The team will identify the sections of law that require amendment and how those that run counter to the Annan deal can be adapted to accommodate the new changes.

The team is expected to draft the necessary Bills in a manner that will require only minimum debate and publish them before the State opening of Parliament.

As the spotlight turned on the Wako team, representatives of the European Union and the African Union appealed to parliamentarians not to let Kenyans down but to ensure that the delicate process is completed.

After the signing of the accord, it is now necessary to amend certain sections of the Constitution to accommodate the establishment of the offices of prime minister and two deputies and define the character and functions of those offices.

The creation of the new posts is inconsistent with the current Constitution, hence the reason for the amendment. Lawyers who have scrutinised the agreement told the Sunday Nation that if enacted under the current charter, the Accord Agreement would be null and void.

It is expected that debate will start with the proposed changes to the Constitution before Parliament turns to those dealing with ordinary Acts of Parliament affected by the deal.

APKenyaOdingaKibaki210However, for the purposes of these Bills and the fact that the President has already convened the House earlier than anticipated, it is clear to every player that the two Bills are being given priority.

 

Kenya Today: Nationmedia.com



Views

Do you think they should recount the vote?

Should kenya become a federal state based on tribes?

Should Peace be a priority in negotiations?