Nairobi — ODM's decision to drop demands for a Parliamentary system of government made it possible for the Parliamentary Select Committee to resolve the contentious issue on the executive.

The deal was sealed in the wee hours of Wednesday after heated debate between PNU and ODM members. They were divided between a Parliamentary and Presidential systems.

It is thought ODM changed after realising "many Kenyans want one clear system of government" and that they had been outmaneuvered in the debate.

"Apart from the fact that Kenyans made it clear that they wanted either a pure presidential or parliamentary system, we also took into the account the fact that 2012 is around the corner and we believe we will win," said an ODM member in the PSC.

Sources in party caucus noted that the night was long as the MPs discussed the mode of government late into yesterday morning.

"Yes, there was a deal, there are no coincidences in politics," said a PSC member. PNU is said to have headed to the retreat with a clear position and ready to capitalize on the divisions within ODM.

After winning a section of the ODM team, the PNU tasked members to reach out to the camp allied to Prime Minister Raila Odinga and ensure no resistance after the motion was moved.

If the deal is passed by Parliament, Raila could be the last politician to hold the post of Prime Minister.

In what appeared to be a stab in the back of the ODM side which has been backing a parliamentary system, Agriculture minister William Ruto seconded a motion moved by the PNU side to adopt a Presidential system and the scrapping the position of PM.

The motion, which will see the President, be the head of State and Government was moved by PNU's Jeremiah Kioni on Wednesday evening.

In what appeared as a deal that had been already struck between a section of ODM members of PSC and their PNU counterparts, Ruto seconded the motion immediately it was moved by Kioni.

Then all PNU MPs members of PSC as well as those from ODM, but allied to Ruto, threw their weight behind the move.

Running out of options, the remaining ODM MPs, allied to Raila including deputy Prime Minister Musalia Mudavadi, decided to back the position even without subjecting the matter to voting.

Even if the issue was to be subjected to voting, the PNU side, backed by Ruto and his allies in the PSC would have beaten the ODM team.

ODM went to the Naivasha retreat at the Great Rift Valley Lodge with its 12 members divided as a result of political differences between Ruto and Raila and which have been aggravated by the Mau forest evictions.

Those on Ruto's side include Najib Balala, Isaac Ruto, Chachu Ganya and Sophia Abdi. Those on Raila's side are Mudavadi, Sally Kosgey, Charity Ngilu, James Orengo, Joseph Nkaisery and Millie Odhiambo.

PSC vice chairman Ababu Namwamba had disassociated himself from any of the two factions while Omingo Magara did not turn up for the treat after nullification of his election by the High Court.

On the other hand, the PNU side, whose members are sometimes divided in political opinion, were all supporting a presidential system.

Key figures from the PNU side include deputy Prime Minister Uhuru Kenyatta, Mutula Kilonzo, Moses Wetangula, Beth Mugo and Martha Karua.

"Clearly the split in ODM has helped to fast track the historic agreement," said a PNU member of PSC who cannot be named.

In what is seen as a major breakthrough to realization of a new constitution, PSC resolved that the executive President will chair the cabinet which will be made up of none MPs.

This means that ministers will be appointed either from the private sector or civil service, but on merit including academic qualifications.

To check the executive including the ministries, PSC resolved that Parliament will vet candidates forwarded by the President. Those deemed unfit will be rejected.

Also to be empowered are the chairmen of the parliamentary committees so they can monitor ministries effectively.

PSC, whose one week retreat ends tomorrow, opted for a vertical power sharing structure with the executive president closely checked by MPs and the judiciary.

The system borrows heavily from the United States.

To further ensure checking of the executive, PSC agreed that there should be "an effective system of devolution".

PSC resolved that Parliament will be free to pass a vote of not confidence against the president without dissolution of the House.

In the current constitution, all MPs will also have to go home for a new election incase they pass a vote of no confidence against the president.

MPs also resolved that a candidate must garner more than half of all votes to be declared President.