Lucas Barasa and Kenneth Ogosia
3 March 2008
Nairobi — Key reforms, which could radically change the way Kenya is governed, will be put in place as part of the peace agreement to be implemented by Parliament in the coming weeks.
The key changes expected include the naming of ODM Members of Parliament to the expanded Cabinet and a review of the civil service and government structure.
MPs will also be required to enact laws creating the posts of Prime Minister and two deputies. They will also be required to change Parliament's Standing Orders to reflect these changes.
Current House rules of procedure do not contain the titles "prime minister" or "deputy prime ministers", yet these will now form part of the standing orders after the new law is enacted.
Shadow Cabinet
Under the new arrangement, the post of the Leader of the Official Opposition could also fall vacant and Parliament is likely to operate without Shadow Cabinet ministers for the first time since multi-party politics was re-introduced in 1992.
Parliamentary committees will also be affected by the new coalition since the law requires that watchdog committees, including the Public Accounts and Public Investment committees, be headed by opposition MPs.
Following the deal signed on Thursday, it will no longer matter where MPs sit in Parliament following the power-sharing deal between ODM and PNU. The two parties will now form a coalition. "What matters is what they do and say", Mr Kilonzo told Nation by phone Sunday.
MPs from both sides need to agree on Parliament's agenda for the next 12 months "and a new constitution within 100 days" before the draft is subjected to a referendum, the Mbooni MP said.
Speaking to Nation, Mr Kilonzo said after the traditional seven-day debate of presidential speech, MPs will move to enact a law on the peace deal signed by President Kibaki and Mr Odinga.
Thursday's agreement meant to end the post-election crisis was brokered by former UN secretary-general Kofi Annan and Tanzanian President Jakaya Kikwete. Over 1,000 people were killed while 350,000 were displaced in violence sparked by the disputed presidential election results.
Informal talks
And on Sunday, it emerged that MPs from PNU and ODM had embarked on a series of informal talks with their party colleagues to ensure that the law expected to create the posts of prime minister and two deputies is passed once it is tabled in Parliament. Government MPs are expected to meet in Nairobi Monday to lay strategies ahead of the State opening of Parliament on Thursday.
Although the proposed law has gained acceptance across the political divide, MPs are keen on finding common ground ahead of debate on the crucial legislation to be known as the National Accord and Reconciliation Act.
The Tenth Parliament will be unique in many ways - including the absence of an Official Opposition party. It will also need cross-party goodwill to succeed.
ODM is expected to fill the post of Prime Minister and provide one of the two deputy prime ministers while PNU provides the other.
ODM secretary-general Anyang' Nyong'o Sunday said "a new Government will be formed to reflect the genuine spirit of change, equality and democracy."
Mr Kilonzo said politicians need to trust each other to work well under the new government. He asked leaders, regardless of their party affiliations, to start holding joint rallies to heal wounds caused by post-election violence.
"I'm hoping for a situation where Justice and Constitutional Affairs minister Martha Karua and Eldoret North MP William Ruto, for example, will visit strife-stricken areas and address meetings," Mr Kilonzo said.
Dr Patrick Lumumba, who vied for the Kamukunji parliamentary seat, asked MPs to move with speed and complete the journey of hope crafted by Mr Annan. He said the Official Opposition was not necessary when the country "needs to be pumped with steroids" to revive it.
And Prof Nyong'o said: "We needed to bring back the country for a posterity devoid of tribal and fundamentalist culture around power".
Lawyers Josephine Kuluo and Dan Nyatodo said the Bills being drafted should be couched in a broad language to ensure the country avoids the risks of stumbling into a constitutional crisis. Adequate focus should be placed on electoral laws, transitional government and political power with checks and balances.
As the leaders were making the recommendations on the way forward, Mr Annan left the country Sunday with a message to Kenyans not to leave the process of monitoring and implementing the peace deal to politicians alone.
Mr Annan, who for 41 days embodied Kenya's hopes for peace, left subsequent mediation efforts in the hands of former Nigerian Foreign minister Oluyemi Adeniji.
The AG and four other lawyers seconded by both PNU and ODM will now draft the necessary Bills to amend the Constitution and accommodate the National Accord and Reconciliation Act 2008 into the country's statute books.
The five draftsmen are Mr Wako, Mr Kilonzo, Ugenya MP James Orengo and the mediation team's joint secretaries Karoli Omondi and Dr Gichira Kibaara.
On Thursday, both President Kibaki and Mr Odinga said they would ensure the success of the new political deal.
Largest party
According to the agreement signed by the two leaders, 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.
The prime minister will have authority to coordinate and supervise the execution of the functions and affairs of the Government.
The removal of any minister of the coalition will be subject to consultation and concurrence in writing by the leaders.
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While the country shrugs-off the memories of the unfortunate post elections mayhem, efforts are to be made to heal the wounds and foster love among all Kenyans. Strict measures are to be enacted against any form of ethnic perpertuation and incitement. The coalition has to see that corruption and public funds emebezzlment is stopped - Kenya is on the move - there is no room for complacency. Enough is enough - thank God the monster of ethnecity is at last defeated - once and for all. Kenyans should look forward towards revival of the GDP growth rate, increase in firm production output and revive tourism. The old glory of Kenya as the economic and political hub of Africa has to be revived forthwith. Long live Kenya
Mohamed Basmeir