Parties fail to agree on executive powers

By Alex Ndegwa

The Government failed to reach an agreement on the new constitution after ministers expected to present a common stand to a meeting chaired by President Kibaki and Prime Minister Raila Odinga abandoned the mission.

Mistrust and suspicions between Kibaki’s Party of National Unity and Raila’s Orange Democratic Movement party scuttled the consensus meeting by the team expected to thrash out sticky issues and present a report to the larger Government team meeting at Serena Beach Hotel on Saturday.

But as the three-day retreat chaired by the President and Prime Minister involving ministers, assistant ministers and Permanent Secretaries ended, there was no word on the draft constitution. The Mombasa retreat had been called to resolve discord in Government, and ensure a common stand on national issues, among them, the draft constitution.

The Standard on Sunday learnt presentation of a collective Government position on the draft constitution prepared by the Committee of Experts was shelved after the two political camps failed to strike a deal.

Sources said the ministers, who included members of the Serena Team, were deadlocked on sharing of executive power between the President and PM, their functions, particularly on who should chair Cabinet meetings, and election of president.

But the Prime Minister denied talks on the draft constitution were on the agenda. Raila said the meeting made significant progress, and that the ministers had ironed their differences.

The top Government team had been discussing the sticky executive proposals since Tuesday, ahead of the retreat. The ministers are Uhuru Kenyatta, Mutula Kilonzo, Sam Ongeri, Musalia Mudavadi, James Orengo, Mohamed Elmi, Henry Kosgey, Sally Kosgey, Joseph Kingi, and Attorney General Amos Wako. Others present were joint secretaries Kivutha Kibwana and Miguna Miguna.

There are fears that the stalemate over the structure of government could scuttle the search for a new constitution that has spanned two decades.

The blow on Saturday came barely a day after President Kibaki said an agreement would be reached on sharing of Executive power in a new constitution.

"We are here to reach an agreement. We are not here to debate endlessly. Who are we? Aren’t we Government? Then we must reach an agreement," the Head of State had told the ministers on Friday, while opening the conference.

The clash between PNU and ODM is who between the President and the PM should wield executive authority and control government.

Committee of Experts

PNU favours a popularly elected president, who heads Government and a ceremonial PM. But ODM prefers an executive PM picked from the parliamentary party with most seats, and a ceremonial president, elected directly by Kenyans.

PNU is adamant it is not proper to strip a president elected through a popular vote of executive power and transfer it to a prime minister. ODM counters executive authority is derived from the Constitution.

In the PNU proposals, the president should remain Head of State and Government, chair the Cabinet, and remain Commander-in-Chief of the armed forces.

The Committee of Experts on Constitutional Review announced on Thursday it would release the proposed draft constitution on Tuesday, at the Kenyatta International Conference Centre. Then there shall be 30 days of public debate before the document is submitted to Parliament.

ODM, on the other side, argues an executive PM sponsored by a party with majority MPs, was the best bet for national unity and stability. ODM maintains, "Voters will be voting for a party and its policies, not an individual". The party insists on functions of the Executive being separated along two lines: those of the State, and those of Government.

In the Orange position paper, the Head of State is elected by direct vote, or through an electoral college. He is a symbol of unity. He should not vie for a parliamentary seat, as is the case now.

In the ODM arrangement, the PM directs and co-ordinates functions and affairs of government and appoints public officers. The PM is in charge of internal security and inter-governmental relations.