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Annan: It’s now up to Raila and
Kibaki
February 26, 2008
EA STANDARD
By Ben Agina
The search for a political settlement out of the post election
crisis stalled after the Government side walked back several steps,
changed positions on issues already agreed and threw the talks
into a spin.
The Standard reliably learnt that when the talks resumed after an
eventful weekend break, the Party of National Unity (PNU) made it
clear it was no longer interested in sharing power. Last night,
the task of making the hard choices appeared to lie with President
Kibaki and bitter rival Mr Raila Odinga.
"I believe that the Panel of Eminent African Personalities working
with the Kenya National Dialogue and Reconciliation has done its
work. I’m now asking the party leaders, Hon Raila Odinga and
President Mwai Kibaki to do theirs," a statement issued by Dr Kofi
Annan, the lead mediator at the talks after meeting both leaders,
read.
Worded in a manner that left no doubt as to the depth of his
disappointment, the statement intoned: "After four hours of
intense negotiations this morning, the negotiating team made
almost no progress toward reaching an agreement on governance,
despite the fact that they had the entire weekend to consult on
their positions".
Before suspending the talks on Monday, the UN-backed mediator said
he had concluded the teams were incapable of resolving the
outstanding issues.
It was also unclear what time, if at all, the talks will resume
today after scattering at lunch time Monday.
New demands
The threat of mass action also loomed large after ODM
Secretary-General Prof Anyang’ Nyong’o formally notified the
Commissioner of Police Maj-Gen Hussein that the party shall hold
nationwide peace meetings on Thursday.
To illustrate its point, the Government side roundly disowned an
earlier document that reflected common ground with protagonists
Orange Democratic Movement (ODM) on a number of divisive issues in
a power sharing arrangement.
It had suggested a closing of ranks between the feuding groups and
offered a ray of hope to millions of Kenyans desperate for a
solution out of the crippling crisis.
But a new draft tabled by PNU negotiators led by Justice minister
Ms Martha Karua, Mr Moses Wetangula (Foreign Affairs), Prof Sam
Ongeri (Education) and Mbooni MP Mr Mutula Kilonzo wound the clock
back on the talks.
By pushing for the position of a non-executive prime minister, the
new document, a copy of which The Standard obtained, left no doubt
that the Government would not be sharing power with anyone just
yet.
It meant that even though a Prime Minister’s Office and that of
two deputies would still be created, the holder would be just
another minister to be hired and fired at the discretion of the
President, who remains chief executive and will continue to enjoy
unfettered powers.
The draft by the Government proposes the establishment of prime
minister and deputy prime ministers posts through an Act of
Parliament.
And it puts them where PNU wants: "Nothing in this Act will confer
on any office bearer powers granted to other member of the
Executive as provided in the Constitution or any other written law",
effectively ensuring the positions are non-executive.
In addition, the prime minister, in the exercise of the functions
of his office shall be accountable to the President.
In the proposed Act 2008 made available to The Standard, the
President shall appoint the prime minister and deputy prime
ministers among the ministers of Government.
But in the Draft National Accord and Reconciliation Act 2008
prepared by the Legal Working Group on Governance, the person
appointed as prime minister shall be an elected member of the
National Assembly, who is the parliamentary leader of the
political party that has the largest number of members in the
House.
According to the proposed Act, the Government appears to be toying
with the idea of a Memorandum of Understanding (MoU), where the
President has the full discretion of whom he wants to be in his
Government without consulting anybody.
The agreement reached last week states that in the formation of a
coalition government, the persons to be appointed as ministers and
Assistant ministers from the political parties that are partners
on the coalition other than the President’s party shall be
nominated by the parliamentary leader of the party in the
coalition.
It added that the representation of the political parties of the
coalition in Government shall be equal and shall take into account
the principles of portfolio balance, meaning that no party would
hog all the powerful ministries or positions.
On the establishment of ministry or ministries, PNU proposed in
their Act that the President "may by a notice in the Gazette
establish such ministry or ministries as may appear to him
necessary for the better carrying out of the responsibilities
vested in him…"
With this, the quest for a "real power sharing deal and not an
illusion", as advocated for by the international community
appeared to be shifting away from the radar with implications that
remained unclear last night.
Yesterday’s developments also meant that a deal may not be
announced tomorrow or even later in the week as earlier
anticipated and that the now increasingly perpetual state of
uncertainty could still hold.
The setback occurred as the talks entered the ninth week and
forced Annan, who chairs the Panel of Eminent African Persons at
the mediation talks, into a flurry of activity.
The mediator went into a meeting with ODM leader Raila and was
later driven to State House, Nairobi, where he remained closeted
into the night.
It is understood Annan sought audience with Raila and Kibaki after
their representatives at the talks appeared to shift the
responsibility of making the hard choices to the principals.
On Monday, it was hoped that the teams to the National Dialogue
and Reconciliation Committee would begin finalising the agreement
on ending the post-election turmoil that has left at least 1,000
dead before ODM’s deadline to resume street protests expires on
tomorrow.
Until the dramatic twist of events yesterday, both Government and
ODM had agreed in principle to create a prime minister’s post and
also appeared to have covered considerable ground on the sharing
Cabinet positions.
But that changed at the weekend, but things went completely off
tangent yesterday.
"We have isolated a number of items that require our chairman’s
consultations with our principals," Mutula was quoted as saying.
On his part, Pentagon member and Eldoret North MP Mr William Ruto,
who together with Mr Musalia Mudavadi (Sabatia), Dr Sally Kosgei (Aldai)
and Mr James Orengo (Ugenya) make up the ODM side at the talks,
said it was time Kibaki and Odinga "rolled in their influence".
"On many of the issues that are outstanding, we are unable to
agree, so they have been referred to the principals in the hope
that they enjoy greater leverage and can be able to thrash out
those issues," Ruto told reporters.
The crisis over Kibaki’s disputed re-election, the worst since
independence in 1963, has hurt Kenya’s image as a stable democracy
and prosperous trade and tourism hub.
It has laid bare rifts over land, wealth and tribes that were born
under British colonial rule and since exacerbated by politicians.
In the hope of addressing the long-held grievances and improving
Kenya’s institutions, revising the 45-year-old Constitution has
come to the fore.
Both sides have agreed on the need for changes to the Constitution,
which gives immense powers to the President and which analysts say
contributes to a divisive winner-take-all mentality at election
time.
ODM, it is understood, wants to get word from President Kibaki
through Annan on whether through his negotiating team, he was
still committed to the talks or not.
ODM has insisted that the number of Cabinet ministries should be
specified.
The talks also stalled after the negotiators failed to agree on
whether the prime minister should have the authority to
co-ordinate and supervise the execution of the functions and
affairs of Government, including those of ministries and
departments of the Government.
According to the Government document, the prime minister is to
co-ordinate the performance of the ministries and perform any
other duties as may be assigned to him by the President from time
to time.
In the Legal Working Group document, any change in the Government
affecting a person nominated by a parliamentary party of the
coalition shall be made only after prior consultation and
concurrence in writing with the leader of that party.
But yesterday, the PNU side went back on this by suggesting that
the President have absolute discretion on who would be in
Government.
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