Kenya: National Accord Has Serious Loopholes

From: Christine Baraza

There are two serious problems with the National Accord that was signed in 2008 between Raila Odinga and Mwai Kibaki. The first problem is that the National Accord has serious loopholes and gaps that if not fixed will continue causing trouble for the Grand Coalition. It says that executive power shall be shared on a 50-50 basis without defining what 50-50 basis means in real implementation of the power-sharing.

Secondly, it gives Raila the role of supervising and coordinating Government Ministries. There is no way you can supervise and co-ordinate people without having the power to disciplining them. It can’t just work. People whom you supervise must know that you do have the powers to discipline them in order to follow your orders or else you can’t supervise them.
Thirdly, the Accord lacks clarity on many issues in it. For example, what’s portfolio balance?.. It says that they shall be portfolio balance at all times in government appointments. Does this include the civil service/ ODM says YES,..while PNU says No..These are mere individual interpretations.

When the Accord was made part of the Constitution, there was no serious study of the Constitution so that the constitution conformed to the Accord. This brought the problem of who should be the leader of government business. The Accord says that the PM and the President are EQUAL PARTNERS..What does that mean in terms of Governance?

There is also the problem of what happens when one partner pulls out? It says the coalition comes to an end..What does that mean? Does it mean the remaining partner continues in the government or the country goes for an election? Pnu Interprets this to mean that if ODM pulls out, they remain in government. This doesn’t make sense because the Grand Coalition was formed because it wasn’t possible to determine with certainty who won the 2007 General elections, so PNU cannot remain and run the government. They have no mandate-the mandate of the Kenya government today stems from the National Accord. The Accord was not specific and tended to assume that the Principals were both committed to it. This wasn’t the case. It is clear that KIBAKI was forced into signing the Accord by the circumstances that were obtaining at that time, and therefore PNU seems to have no goodwill at all in respecting the spirit of the Accord.

The only feasible way forward, which many Politicians do not want, is to go back to the drawing board and renegotiate the accord. It will really help move this country forward than steeping the country in bickering all through the years.

3 thoughts on “Kenya: National Accord Has Serious Loopholes

  1. Benard Pepe

    Wewe Kibaki shame on you. You were Just assisted to become the President of the Republic of Kenya when you were down leaking the soil. Now unajigamba after Colition Government was formed. You stole elections.

    For your infomation you are very corrupt. You are not worth to be called the president of Kenya. You can only lead the Mungiki’s. Lakini round hii lazima utiwe maji through allowing the corrupt individuals to stay in the office.

    The accord MUST be dignified Mupende Musipende.

  2. shem mwangi mukuba

    Now that both Kibaki and Raila are agreeing on the issue of giving us a new constitution, I would advise Hon Raila to seek blessings from the president so that he may win the 2012 elections and bring about the much needed change. I am also happy of Hon Raila’s decision to avoid politics of confrontation in readiness of uniting the whole nation regardless of party or tribal afliation

  3. Kibash

    The problem with the accord has nothing to do with ambiguities: one can read greed, disregard for any need serious reflection on pursuing high individual dreams, and the challenges of chronism in leadership. No one will convince me that a senior counsel like Orengo did not realise the accord was between the Government and ODM?! What do these guys eat when they get into power?

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