About the National Accord

About the National Accord

The National Accord
How to move forward after the 2005 referendum defeat for the Wako draft constitution? An group of “eminent persons” was appointed, chaired by former Ambassador Bethwell Kiplagat, to consider the way forward. It recommended that the constitution making process should be revived, to include a referendum. They suggested three different sets of mechanism for doing this but did not come down in favour of any of them.
The 2007 election in December, won by incumbent President Kibaki against the main challenge from Raila Odinga, was followed by serious violence. A mission of African statesman led by former UN Secretary General Kofi Annan persuaded the main contenders to agree to a compromise: Kibaki would remain as President, but Odinga would become Prime Minister.
There was also a feeling that perhaps there were features of the constitution at the time that made violence more likely. So the agreement included that a new constitutional review process would be set up.
In addition, the accord agreed to commissions to review the elections, one on the violence itself, and a truth and reconciliation commission. All these took place: the outcome being the Kriegler Report on the elections, the Waki Report on the post-election violence and the Truth Justice and Reconciliation Commission chaired by Kiplagat that reported in 2013.
The accord was enacted into law, in the National Accord and Reconciliation Act 2008. And the Constitution was amended to provide for the office of Prime Minister, and also to introduce s. 47A that allowed for the replacement of the constitution, and for a referendum on the new constitution.

Katiba Institute

Kenya National Library Services

 

B.I.E.A