The Nation (Nairobi)

Kenya: Fresh Dispute Over Prime Minister Deal

Nairobi — The Government and ODM Sunday differed over the number of concessions made so far in the talks aimed at ending the post-election political crisis.

Leaders from both sides accused each other of failing to cede the necessary ground to pave the way for a coalition between PNU and ODM. The deal is expected to heal the wounds caused by the crisis sparked by the disputed presidential elections.

On Sunday, the Government team denied press reports that only one issue was standing in the way of a political settlement.

"We have noted with grave concern a growing trend of misleading reports on the progress of the mediation talks. We want to make it clear that there are issues which we have agreed upon and there are others that are still on the negotiations table at Serena (Hotel)," said Justice and Constitutional Affairs minister Martha Karua, the leader of the Government team at the talks.

Earlier, Eldoret North MP William Ruto had said only one or two issues were yet to be agreed on.

But Ms Karua, who was accompanied by Cabinet ministers Moses Wetang'ula, Sam Ongeri and Mbooni MP Mutula Kilonzo at a press conference at Harambee House, Nairobi, said the PNU and ODM negotiators had agreed on the creation of the post of prime minister and his two deputies.

She also said the responsibilities of the prime minister had been agreed on. "The prime minister will coordinate performance of Government ministries and perform any other roles assigned by the President."

The third issue that had been agreed on was how to dissolve the coalition.

Ms Karua said the mediation team agreed that the coalition will stand dissolved either at the end of the life of the 10th Parliament; or if the coalition parties agree in writing or when the top organ (the national executive council) of one of the parties decides to pull out of the arrangement.

"All others issues are still under negotiation," she said.

"We have been holding our consultations and we will get to the negotiations table tomorrow (Monday) with clear instructions," she said.

She was referring to the sharing of Cabinet slots between PNU and ODM; the proposal to give the PM more powers; holding of a General Election if the coalition collapses and entrenching the political deal in the Constitution.

"We wish to clarify that there is as yet no agreement on these issues," Ms Karua said.

However, ODM said the mediation talks had cleared the majority of the issues and the remaining items touched on enhancing the PM's position and entrenching the agreement in the Constitution.

"There are only one or two issues that are yet to be agreed upon and one has to do with how the deal will achieve its legality," said Mr Ruto.

Mr Ruto and fellow MPs Musalia Mudavadi, Sally Kosgei and James Orengo form the ODM team at the talks chaired by former UN secretary-general Kofi Annan.

The teams spent the weekend consulting the principals - President Kibaki on the Government side and Lang'ata MP Raila Odinga on the ODM side.

The mediation talks began on January 29 and they have scaled a number of obstacles.

When the talks adjourned on Friday, Mr Annan appealed to President Kibaki and Mr Odinga to give clear instructions to their negotiators to enable the talks to move forward.

"I urge the principals to now take definitive decisions and to give their negotiators clear instructions so that we can move swiftly to a conclusion. We must give the Kenyan people what they are hoping and praying for," he said.

Committed to talks

On Saturday, the President issued a statement saying he was committed to the talks and expressing optimism that a lasting solution would be found. Mr Odinga has also said his party was committed to the talks.

On Sunday, the Government team said it had been given clear instructions for Monday's talks but accused ODM negotiators of maintaining hard-line positions at the talks.

"We have taken clear instructions and we hope our colleagues have taken the same. They are the ones who are stuck in one position while we have been giving in to some of the things they want," they said before they headed for State House for further consultations with the President.

ODM secretary-general Anyang' Nyong'o said the public was anxiously waiting to hear the good news from the talks. He said ODM would not accept the premier's post if it is only allocated the duties currently carried out by the head of civil service.

"ODM is interested in real sharing of power and we have agreed to share power for the sake of the country," he said.

But at the Government team's press conference, Mr Kilonzo criticised the person who leaked to the media a draft law on the political deal. The draft had been prepared by the mediation team's working group of four members.

"We blame the person who leaked the draft because the difference between shapes of brackets was not explained - some mean issues have been agreed upon while others indicate the issue is still under negotiations," he said.

The Mbooni MP was referring to a draft Act of Parliament they were negotiating that was handed over to the negotiators for consultations with their principals.

The draft was prepared on Friday by the working group which comprised Ms Karua and Mr Kilonzo from the Government and Mr Ruto and Mr Orengo of ODM.

The working group had held a long session during which the Government side is understood to have pushed for the creation of the PM's post through an Act of Parliament, arguing that this would speed up the creation of the position. The two sides also haggled over the sharing of the two positions of deputy prime minister with ODM demanding to be given both posts.

However, the Government side said each side should be given one of the slots. In response, ODM said it would claim the position of vice-president unless given both slots. The issue was deferred for further consultations.

Similarly deferred was a proposal for 50:50 sharing of Cabinet positions between PNU and ODM. However, sources said PNU proposed not more than 10 ministerial slots for ODM, excluding that of PM and a deputy premier.

Nominate members

The team agreed that the PM will be the leader of the party with majority of MPs in Parliament. The PM, they resolved, would have authority to coordinate and supervise the functions and affairs of Government ministries and departments.

It was also agreed that each party in the coalition will nominate its members to serve as ministers and assistant ministers in the new arrangement with a rider that the President cannot sack ODM appointees without the consent of their party leader. Such consent should be in writing.


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