Home -> Law Blog Directory -> Legal Commentary Blogs -> Balkinization

Legal Commentary

: Balkinization

Power Sharing Agreement Reached in Kenya

By Jack M. Balkin

Kofi Annan announced today that a power sharing agreement has been reached between Kenya leaders Mwai Kibaki, the incumbent who claimed victory after a disputed presidential election in December, and Raila Odinga, the opposition leader. According to news reports, Odinga will hold the post of Prime Minister, an innovation in Kenya, and Kibaki?s and Odinga?s parties will each hold 50% of cabinet positions.

It appears that the post-election crisis, and the negotiations to stop the killing, have accomplished what several years of efforts to reform the Kenya constitution have been seeking: divided executive power, with leadership shared between a President and a Prime Minister.

While the agreement may succeed in bringing the immediate crisis to a close, it will be interesting to see how this divided government will function pending the next round of elections.

Concentration of executive power has been a problem plaguing many African nations. In Kenya, Kibaki was originally elected on a platform promising constitutional reform, but he put brakes on the reform process after his election. Kenya faces many challenges going forward, but one important question is whether either of these leaders will cede power in the future following regular, multiparty elections.

For more on Kenya, local news on breaking developments can be found at allafrica.com. Superb radio commentary on the broader issues underlying the crisis can be found on-line from Makau Mutua, Interim Dean, University at Buffalo. See also my earlier post, What a Constitutional Crisis Looks Like.

Update: The Nation (Nairobi) has these details:

The deal, brokered by Africa Union chairman President Jakaya Kikwete of Tanzania and Mr Kofi Annan, will see the creation of a grand coalition sharing power according to party strength in Parliament.

The deal provides that the PM will coordinate and supervise Ministers, while Cabinet positions will be shared proportionally according to party strength in Parliament.

The President will have the authority to sack Cabinet members, but only with written agreement from leaders of the respective coalition party.

The Cabinet will comprise the President, the Vice-President, the Prime Minister, Deputy Prime Ministers and Ministers.

The coalition will collapse at the end of the current Parliament, or if the parties so agree, or if one partner withdraws.

Full post as published by Balkinization on February 28, 2008 (boomark / email).