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Kibaki insists ODM should go to
court
Published on February 2, 2008, 12:00 am
By Saturday Standard Reporter and PPS
President Kibaki has stood his ground Orange Democratic Movement
should seek legal redress over its claims of a stolen victory in
the presidential election.
He said this as the UN Secretary General, Mr Ban Ki Moon, made a
direct intervention on the Kenyan crisis.
President Kibaki also blamed the Opposition for instigating the
widespread violence that has rocked Kenya, saying it was a
pre-meditated plot.
On the ongoing mediation effort, Kibaki noted that the solution
does not lie in power-sharing but in a long-term solution
addressing the underlying problems.
Kibaki, addressing the African Union (AU) summit in Addis Ababa
where the Kenyan post-election crisis formed part of top agenda,
said the allegations of irregularities should be referred to the
legal system.
Kenya erupted into widespread violence on December 29 when
President Kibaki was sworn in despite claims by his rival ODM
candidate, Mr Raila Odinga, and his party, that the tallying of
presidential ballots was highly flawed.
On Friday, he said: "In such situations, the accepted rule is to
resort to the established constitutional and legal mechanisms."
Kibaki told African presidents and members of the international
community: "For us in Kenya, the Judiciary has over the years
arbitrated many electoral disputes, and the current one should not
be an exception."
He said the Kenyan dispute was nothing new, noting, "few
close-to-call elections have passed without being marred by
allegations of irregularities, even in advanced and
long-established democracies".
"Your Excellencies, Kenya has since Independence, on a consistent
and regular basis held general elections every five years without
interruption. Where disputes have arisen, they have been resolved
through the existing legal mechanisms under our constitutional
framework. Indeed, controversies over election results are a
reality in any democracy," said Kibaki.
He added: "Unfortunately, the Opposition rejected the adherence to
this key democratic principle, and chose, instead, not to respect
the rule of law."
Kibaki also blamed the Opposition for the bloody aftermath of the
elections.
The President said the violence was "mainly perpetrated and
fuelled through incitement and manipulation of ethnic differences".
"Indeed, the ongoing crisis erupted after the Opposition disputed
the outcome of the Presidential elections, and went ahead to
instigate a campaign of civil unrest and violence. There is
overwhelming evidence to indicate that the violence was
pre-meditated, and systematically directed at particular
communities," he added.
He said as a result of the violence, 250,000 Kenyans have been
internally displaced, property worth billions of shillings
destroyed, and more than 800 Kenyans have died.
"We in Kenya, like all of you, are saddened by the violence and
the negative impact that the crisis has had on our country and
people, the East African region, and the continent as a whole,"
Kibaki said.
He said the Government initiated urgent measures to stop these
acts of violence, and provide humanitarian assistance to the
displaced people.
"Arrangements are also under way to resettle the displaced victims
even as we search for a lasting solution to the current political
crisis."
President Kibaki thanked both President John Kufuor of Ghana and
President Yoweri Museveni of Uganda for visiting the country to
assist in resolving the dispute.
He said the Government welcomed the facilitation mission of three
eminent African personalities led by former UN Secretary General,
Mr Kofi Annan, noting they have embarked on the facilitation
efforts.
He termed the situation a Kenyan problem and said he was confident
that the country will arrive at a lasting settlement.
He said he hoped that the partner states in the East African
Community and African Union will remain engaged in the process up
to the end.
On possible power-sharing with the Opposition, Kibaki said: "The
solution does not lie only in power sharing ... If the democratic
process has to be followed to the end, and the final end should be
sharing of the cake, then we shall never have peace because there
will always be unsatisfied and dissatisfied parties."
He added: "We view the ongoing dialogue as essential to long term
strategies to address these challenges, and in providing us with
durable solutions." The President, at the same time, reiterated
his commitment to finding a lasting political solution that will
seek to identify and address, not just the immediate actions that
would restore full normalcy, but also long-term measures that
respond to the underlying problems.
Noting that he had embraced fully national dialogue, President
Kibaki said his Government had put in place mechanisms to address
all underlying problems rather than rush for quick-fix solutions.
"We view the ongoing dialogue as essential to long term strategies
to address these challenges and in providing us with durable
solutions," said President Kibaki.
Saying that Africa has a responsibility to defend her nascent
institutions that must be allowed to develop, President Kibaki
invited the African Union Commission to lend its voice and support
these efforts.
In this regard, President Kibaki said his Government is in the
process of setting up a Truth and Justice Commission to address
all the issues as part of the long-term solution to Kenya’s
problems.
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