By: Julie K. Narimatsu
Impunity Watch Managing Editor, Journal   

NAIROBI, Kenya – The Kenyan legislature approved the constitutional amendment that creates the position of prime minister and two deputies and creates a coalition between the two major parties, President Mwai Kibaki’s Party of National Unity and opposition leader Raila Odinga’s Orange Democratic Movement.  In light of the disputed elections late last year that fueled ethnic conflict resulting in the deaths of more than 1,000 and the displacement of 600,000, Kibaki and Odinga originally reached the political deal at the end of February.

The National Accord and Reconciliation Act 2008 names Odinga as the prime minister while Kibaki will retain the presidency.  The Act provides that the cabinet will include the president, vice president, prime minister, two deputy prime ministers and other ministers.  Ministers cannot be discharged without approval from their corresponding party.  The deal stipulates that the two parties will share equal power, however, if one party decides not to participate, the coalition will be disbanded.  The bill does not afford a new election in the event this situation arises.

On a reconciliatory note, both parties have agreed to investigate the violence that occurred directly after the election.  The commission will comprise of independent, international experts who will be appointed by both parties.  This comes after Odinga and his party filed a formal complaint with the International Criminal Court in January accusing Kibaki and his government of using force against opposition demonstrators.  The commission’s work is expected to be completed within three months.

Much of the world has supported the deal, including former Secretary-General of the UN, Kofi Annan, who helped facilitate negotiations between the parties.  Both leaders had urged the National Assembly to approve the legislation.  Odinga recognized Kibaki as president and thanked him for his efforts, while Kibaki requested that Kenyans try to move past the violence of the past few months and move forward.

For more information, please see:

africanews.com – Kenya: MPs endorse amendment – 19 March 2008

BBC News – Kenya MPs support power-sharing – 18 March 2008

The Jurist – Kenya parliament approves power-sharing agreement in bid to end violence – 18 March 2008

impunitywatch.net – Kenya reaches peace deal; its government defends against allegations of planned violence – 5 March 2008

CNN.com – Kenya power deal ‘on the right track’ – 28 February 2008