Kenya is a presidential representative democratic republic, whereby the President is both the head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly. The Judiciary is independent of the executive and the legislature. However, there was growing concern especially during former president Daniel arap Moi’s tenure that the executive was increasingly meddling with the affairs of the judiciary.
Until the unrest occasioned by the disputed election results of December 2007, Kenya had hitherto maintained remarkable stability despite changes in its political system and crises in neighbouring countries. A cross-party parliamentary reform initiative in the fall of 1997 revised some oppressive laws inherited from the colonial era that had been used to limit freedom of speech and assembly. This improved public freedoms and contributed to generally credible national elections in December 1997.
In December 2002, Kenyans held democratic and open elections, most of which were judged free and fair by international observers. The 2002 elections marked an important turning point in Kenya’s democratic evolution in that power was transferred peacefully from the Kenya African Union (KANU), which had ruled the country since independence to the National Rainbow Coalition (Narc), a coalition of political parties.
Main article: Mwai Kibaki
Under the presidency of Mwai Kibaki, the new ruling coalition promised to focus its efforts on generating economic growth, combating corruption, improving education, and rewriting its constitution. A few of these promises have been met. There is free primary education. In 2007 the government issued a statement declaring that from 2008, secondary education would be heavily subsidised, with the government footing all tuition fees.
2007 elections
Main article: Kenyan presidential election, 2007
The last general elections were held on December 27, 2007. In them, President Kibaki under the Party of National Unity ran for re-election against the main opposition party, the Orange Democratic Movement (ODM). The elections were largely believed to have been flawed with international observers saying that they did not meet regional or international standards, with observers stating that the tallying process was rigged in favor of president Mwai Kibaki. After a split which would take a crucial 8% of the votes away from the ODM to the newly formed Orange Democratic Movement-Kenya (ODM-K)’s candidate, Kalonzo Musyoka, the race tightened between ODM candidate Raila Odinga and Kibaki. As the count came in to the Kenyan Election Commission, Odinga was shown to have a slight, and then substantial lead. However, as the Electoral Commission of Kenya (ECK) continued to count the votes, Kibaki closed the gap and then overtook his opponent by a substantial margin amid largely substantiated claims of rigging from both sides of the political divide (notably by the EU Observers). This led to protests and riots, open discrediting of the ECK for complicity and to Odinga declaring himself the “people’s president” and calling for a recount and Kibaki to resign.
The protests escalated into unprecedented violence and destruction of property, leading to Odinga claiming up to 1,000 deaths as a result. The government claimed nearly 700 deaths and the internal displacement of around 260,000 people. A group of eminent persons of Africa, led by former United Nations secretary-general Kofi Annan, was called in to broker a peaceful solution to the political stalemate. This group enjoyed the backing of the UN, European Union, African Union and United States governments, as well as those of various other notable countries across the world. More information is available in clashes in Kenya (2007–present).
Annan requested mediation support for his team on the Panel Secretariat from the Swiss based conflict mediation organisation, the Centre for Humanitarian Dialogue.
2008
On 28 February 2008, Kibaki and Odinga signed an agreement on the formation of a coalition government in which Odinga would become Kenya’s second prime Minister. Under the deal, the president would also appoint cabinet ministers from both PNU and ODM camps depending on each party’s strength in Parliament. The agreement stipulated that the cabinet would also include a vice-president and two deputy Prime Ministers. After being debated and passed by Parliament, the coalition would hold until the end of the current Parliament or if either of the parties withdraws from the deal before then.
The new office of the PM will have power and authority to co-ordinate and supervise the functions of the Government and will be occupied by an elected MP who will also be the leader of the party or coalition with majority members in Parliament. The world watched Annan and his UN-backed panel and African Union chairman Jakaya Kikwete as they brought together the erstwhile rivals to the signing ceremony, beamed live on national TV from the steps of Nairobi’s Harambee House. On February 29, 2008, representatives of PNU and ODM began working on the finer details of the power-sharing agreement. Kenyan lawmakers unanimously approved a power-sharing deal March 18, 2008, aimed at salvaging a country once seen as one of the most stable and prosperous in Africa. The deal brought Kibaki’s PNU and Odinga’s ODM together and heralded the formation of the Grand Coalition, in which the two political parties would share power equally.
According to a report published by the Independent Review Commission (IREC) on the 2007 elections chaired by Justice Johann Kriegler, there were too many electoral malpractices from grassroot regions of all parties involved to conclusively establish which candidate won the December 2007 Presidential elections. Such malpractices included widespread bribery, vote buying, intimidation and ballot-stuffing as well as incompetence from the Electoral Commission of Kenya (ECK). The commission exonerated the ECK from tampering with the vote tallying at the ECK’s Voter Tallying headquarters. This was contrary to the claims of rigging by the ECK at the voter tallying headquarters.
Grand coalition
On April 13, 2008, President Kibaki named a Grand coalition cabinet of 41 Ministers- including the prime minister and his two deputies – after weeks of tension and uncertainty that had gripped the country following the failure of the president and prime minister designate, Raila Odinga, to agree on how some of the ministries should be shared. The cabinet, which also included 50 Assistant Ministers, was sworn in at the State House in Nairobi on Thursday, April 17, 2008 in the presence of Dr. Kofi Annan and other invited dignitaries.