The National Accord and Reconciliation Act 2008
The National Accord and Reconciliation Act 2008 was necessitated by the crisis the country was facing following the 2007 disputed presidential poll results.
There were rifts in the leadership and the country with both parties claiming victory, hence the need for a power sharing agreement to get the country on a recovery path and consequently the enactment of the Act.
The accord outlined the guiding principles for the formation and implementation of a coalition government leading to the re-creation of the office of the Prime Minister as well as the conception of Deputy Prime Ministers.
The Act came into force after its publication in the Kenya Gazette paving way for the creation of the cabinet consisting of the president, vice-president, Prime Minister, deputy prime minister and other appointed ministers from political parties that are partners in the coalition.
The president is vested with the power to appoint the Prime Minister while the person to be appointed must be a member of the national assembly as well as the parliamentary leader of a political party with the largest number of members in the National Assembly as well as leader of a coalition of political parties if the leader of a political party does not command majority in the National Assembly.
Members of the coalition shall each be required to nominate one person from the elected members of the National Assembly to be appointed Deputy Prime Minister.
The Prime Minister shall have a distinct portfolio and will coordinate the reform agenda and coordinate and supervising the execution of the functions and affairs of the government. He shall also perform such other duties as assigned to him by the president. He may also assign any of the coordination duties of his office to his deputies.
It is expected that the composition of the coalition government shall at all times take into account the principle of portfolio balance reflecting the relative parliamentary strengths of respective parties.
The Prime Minister shall vacate the office if the coalition is dissolved or by a majority vote of no confidence by parliament prior to seven days notice. In the same strength, the removal of any minister nominated by a parliamentary party shall be preceded by consultation with the party leader.
The coalition shall be dissolved if the tenth parliament is dissolved or the coalition parents agree in writing or one partner withdraws from the coalition by a resolution of the highest decision-making organ of that party in writing.
The National Accord shall cease to apply if the tenth parliament or the coalition, if the is dissolved or a new constitution is enacted.