Category Archives: Kenya

Kenya

Kenya – on the verge of semi-presidentialism? (3)

The Kenyan parliament met yesterday for the first time since the proposed peace deal between President Kibaki and opposition leader Raila Odinga.

According to the information I have come across, the situation is still fluid. The bills required to change the Constitution have not been published, though there is speculation that they might appear today. There is no time fixed for the debate about the constitutional changes, though, again, there is some indication that they may be debated next week.

In his speech to parliament, here, President Kibaki announced that there would be four bills, one of which was the bill to amend the constitution. In a separate speech to a parliamentary group meeting, here, President Kibaki confirmed the commitment to conclude the process of overall constitutional review within a year.

I will update with more details when I have them.

Kenya – on the verge of semi-presidentialism? (2)

President Mwai Kibaki and opposition leader, Raila Odinga, signed a power-sharing agreement yesterday. The deal will, hopefully, end the violence that has destabilised Kenya since the beginning of January. More parochially, it is also likely to create a semi-presidential system.

According to Reuters, the deal confirms the arrangements that were widely mooted earlier in the week. There will be changes to the constitution. Amongst other issues, these changes will create the post of an ‘executive’ prime minister. There will also be two posts of deputy prime minister and cabinet seats will be shared on a proportional basis between the two main parties. Odinga will assume the post of prime minister.

Previous information suggested that the prime minister’s position would be subject to parliamentary confidence. It remains to be seen whether this will be the case and, if so, whether the government as a whole will be responsible to the legislature. This collectively responsibility is a requirement for semi-presidentialism.

According to Reuters, the Kenyan parliament will meet next Thursday to ratify the constitutional changes. There will also be a more wide-ranging review of the constitution to follow. I have no details as yet as to whether a specific timeframe for the full revision of the constitution is part of the deal.

When I have details of the constitutional amendments, I will post them.

Kenya – on the verge of semi-presidentialism?

The dispute over the result of recent presidential election in Kenya has perhaps created the conditions for semi-presidentialism.

The presidential election was held on 27 December 2007. The incumbent president, Mwai Kibaki, was declared the winner. However, the challenger, Raila Odinga, contests the result. The outcome led to violence between supporters of both sides and was largely based on ethnic divisions in the country.

There have been international attempts to broker a peace deal since this time. In recent days there have been face-to-face negotiations between both parties. One potential solution that has been mooted is the creation of the post of an ‘executive’ prime minister. This post would go to Odinga or one of his allies, thus allowing power-sharing within the executive. Ministerial portfolios would also be shared between the two parties and there would be a ‘cooling-off’ period prior to a re-run of the presidential election.

Currently, the 1963 Kenyan constitution establishes a presidential system. In 2005 a draft constitution was prepared that included provision for a prime minister, but it was defeated in a referendum on 21 November 2005. One of the points of contention was that the president retained too many powers and that the prime minister, who would not have been accountable to parliament, would have been little more than a figurehead.

The current peace talks are based on the idea that parliament would amend a small number of articles in the current constitution so as to allow power-sharing to begin immediately. These reforms would be followed by the adoption of a new constitution in the near future.

There is still no guarantee that the talks will produce a deal or, even if they do, that they will result in a semi-presidential constitution. However, there is at least some possibility that Kenya will soon replace Turkey as the world’s newest semi-presidential country.