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Talks to focus on two key
proposals
Story by BERNARD NAMUNANE
10. Feb. 2008
Two distinct proposals that could shape the future of Kenya and
resolve the political crisis that has convulsed the country will
be at the centre of the Kenya National Dialogue and Reconciliation
process beginning Monday.
One proposal before the committee calls for a strong ODM
opposition in Parliament; the other favours the president-prime
minister type of government contained in the Bomas draft
constitution.
This next, crucial round of talks gets under way after the major
hurdles that threatened to derail the talks between the government
side and ODM last Thursday were removed.
It has been obvious since the talks began on January 29 that a pep
talk by the chairman, Mr Kofi Annan, and pressure from the
international community succeeded in convincing the two sides to
cede ground in the search for a political solution.
Sigh of relief
The government dropped its demands for a re-count and a new tally
of the presidential votes, while the ODM leadership gave up
pushing for the resignation of President Kibaki, a re-run of the
elections, or a new election in a year’s time.
It was agreed that the only option was a political settlement that
would bring together the government and ODM sides in a regime
whose task would be to enact far-reaching constitutional, legal
and institutional reforms over a three-year period.
The public breathed a sigh of relief as President Kibaki and ODM
leader Raila Odinga shook hands — for the third time in two weeks
— and members from both sides exchanged pleasantries.
The nature and form of that political settlement will be at the
centre of the talks with Mr Annan, the former UN secretary general,
cautioning against speculation until a deal is formally announced.
On Friday he cautioned media houses over their interpretation of
the status of the mediation talks, stating that the deal was not
yet done. The two sides, he clarified, had only made progress and
had not arrived at a definite conclusion. He urged the public to
be patient until an agreement could be reached. “In negotiations,”
he said, “a deal is not done until it is done. I had urged all
parties to refrain from making statements to the public on
sensitive matters under discussion.”
“All must understand,” he went on, “that selective leaks in the
middle of negotiations are not to anyone’s benefit.”
The government side in the talks is headed by Justice and
Constitutional Affairs minister Martha Karua; its members are
Cabinet ministers Mr Sam Ongeri, Mr Moses Wetang’ula and Mbooni MP
Mr Mutula Kilonzo.
The ODM side is led by Mr Musalia Mudavadi with MPs Mr William
Ruto, Ms Sally Kosgei and Mr James Orengo as its members.
The Sunday Nation has learnt that the government will advance the
argument that ODM should form a strong Opposition in the House in
line with democratic principles with a pledge to enact the
necessary reforms to be agreed upon by the mediation team.
Possibly, the government could accept to appoint some of the
people to be recommended by ODM to senior government positions
such as permanent secretaries, departmental directors and heads of
parastatals.
The reforms, which are to be decided upon by an independent review
committee to be established at the end of the talks, will draw a
great deal on the 10-point minimum reforms package prepared by a
committee led by former Vice-President Moody Awori before the
election campaign began.
The package included an overhaul of the present Electoral
Commission of Kenya with a view to putting in place an independent
electoral body, reducing the excessive powers of the President,
having Parliament take control of its calendar, establishing that
a successful presidential candidate must win 50 per cent plus one
of the total votes cast, and setting up a commission to oversee
the redistribution of resources in the country.
Others reforms would include placing the police force under an
independent commission, establishing a supreme court, land reforms,
strengthening anti-corruption laws, gender parity, fast-tracking
of election petitions, impunity laws and ethnic integration.
These reforms are similar to those contained in the government’s
proposal tabled at the beginning of the mediation on the way
forward for constitutional, legal and institutional reforms and
the formation of a truth, justice and reconciliation commission to
heal wounds and prepare the country for future elections.
ODM, it is understood, will push for a joint government based on
the Bomas draft which calls for the creation of the post of prime
minister with wide-ranging powers.
However, the premier would be accountable to the President, and
his removal would only be through a vote of Parliament. Sources
said that ODM will also seek cabinet positions in line with its
strength in Parliament as well as 50 per cent of the slots for
permanent secretaries and key positions in parastatals.
ODM has accepted to bring into the equation PNU and its affiliates
that include ODM Kenya whose leader is Vice- President Kalonzo
Musyoka.
Members of ODM, who requested anonymity, said the move could
assuage its supporters as ground for the next elections in three
years time is being prepared.
On Tuesday the entire mediation team will meet MPs during an
informal meeting to brief them on the progress of the talks and
seek their support for a raft of reforms that Parliament will be
required to pass before the next elections.
The shift of the talks in a positive direction over last Thursday
and Friday could be attributed to the cry of suffering Kenyans and
the intensification of international pressure on both sides to
reach a political solution.
There were fears on Thursday that the talks were headed for a
stalemate following a stormy meeting during which members of both
sides engaged in heated exchanges with each side vowing to hold
its ground.
The ODM delegation left the meeting at 4.45 pm in what was seen as
a walkout, while the government side remained behind in the room
for almost 30 minutes.
When they came out of the meeting room, members of the government
side denied the walkout theory and, in fact, said they were
meeting in their office at the Serena Hotel after the adjournment
of the afternoon session.
However, sources within the ODM team said members had walked out
in a huff after the government side refused to cede any ground in
their conditions for a political solution to the crisis.
The government side sought constitutional, legal and institutional
reforms that would result in the establishment of a truth, justice
and reconciliation commission.
ODM put on the table a re-run of the presidential election or a
transitional government made up of members of the two sides to
prepare for fresh elections in six months.
But the direction changed on Friday when both sides dropped some
of their demands, leaving on the table the option of a political
settlement.
Perhaps the decision by the US State Department — and threats of
similar action by the Canadian and British governments — to write
cautionary letters to eight politicians and two businessmen on
both sides edging possible sanctions closer to travel bans,
awakened the government and ODM negotiators to the reality that
the world would not sit by and watch as Kenya plunged into the
abyss.
Still, the arrival of UN humanitarian affairs under secretary John
Holmes and the European Union commissioner for humanitarian and
development aid Louis Michel brought home the message that dire
consequences could befall leaders suspected to be behind the
post-election violence that has claimed more than 1,000 lives and
displaced more than 300,000 people.
Sources close to the talks said that each team is required to sign
every resolution that is reached so that no side can later change
its position.
The mediation team was guided in the talks by issues that Mr Annan
had condensed from the proposals that were presented by the
government and ODM.
The issues of a re-count of the presidential votes, a re-run of
the polls and fresh elections were all weighed against the merits
and demerits before a decision was made.
This option was not provided for in Kenya’s present electoral laws,
and it would have required the crafting of new procedures.
Questions also arose over which institution would supervise the
process given that the ECK’s integrity is in doubt, the
availability and security of the ballot papers and whether the
outcome of the exercise would be accepted by both sides.
The second option was a re-run of the presidential election which
would require that the same contestants, voters’ lists, polling
stations and legal framework should be followed under the
supervision of an unchanged ECK.
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