AFRICA/KENYA - Negotiations recommence between the majority and the opposition: the points in dispute

Nairobi (Agenzia Fides) - On February 25, in Kenya, the negotiations between the majority and the opposition continued, in efforts to solve the serious crisis that has been devastating the country since the presidential elections held on December 27, 2007.
Last week, an agreement had been reached, allowing for a creation of the seat of a Prime Minister, who would share powers with the President (see Fides 22/2/2008). According to members of the Kenyan press who have studied the text of the settlement, the future Premier is not really an executive Prime Minister; he is more of a “first among equals,” with power to coordinate and supervise the other Ministers. The document also states that the office of the prime minister or a deputy prime minister will only become vacant if Parliament is dissolved and the prime minister will only be removed if Parliament passes a resolution supported by a majority.
The negotiation is now trying to sort out the problem of how to go about creating the seat of Prime Minister: through an authentic constitutional reform or through a simple “gentleman’s agreement” between the two parties. The Party of President Mwai Kibaki inclines towards the second of the two hypotheses, while the group led by opposition leader Raila Odinga demands a Constitutional amendment, recalling the fact that prior “gentleman’s agreements” have not been respected, as they had no legal weight.
Another point of dispute is the subdivision of Ministers. One possibility is to assign 15 ministerial seats to the Orange Democratic Party (ODM) of Odinga, 14 to the Party of National Unity (PNU) of President Kibaki, and 4 to the ODM-Kenya, a formation begun as a split-off from the original ODM. However, Odinga’s party has refused the proposal, affirming that they prefer a 50/50 division of ministerial seats with the PNU of the Head of State.
As negotiations continue, through the mediation of former Secretary General of the United Nations, Kofi Annan, the country remains in a tension that is heightened, as well, by the opposition’s threats to begin protest demonstrations if there is no agreement reached before February 27. Although they have not begun to produce the same violent attacks of recent weeks, in some areas of the country they continue to burn personal property of members of rival ethnic groups. (LM) (Agenzia Fides 25/2/2008 righe 31, parole 383)