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.