[1] This act followed the February 28, 2008, power-sharing agreement between current President Mwai Kibaki and opposition leader Raila Odinga, who became the first prime minister of Kenya since 1964, when the constitution of the newly created Republic abolished the office.
The Prime Minister, while being appointed by the President without the need for prior consultation, has a distinct portfolio and coordinates the reform agenda and supervise ministries.
In the final draft, and consequent bill, the language of the Act did not dictate that the PS in the PM's office would serve as the Secretary to the Cabinet and thus the Head of the Civil Service.
The vagueness of these two roles has neither been in addressed in the National Accord Act nor the Constitution of Kenya, thus creating discrepancies that resulted in a brief power struggle between the two partners in the coalition.
The National Accord does not state whether the Act itself takes precedence over the Constitution of Kenya or not, thus leading to an impasse in the appointment of the Leader of Government Business that persisted for several months before being resolved.