Tortuous road that led to power deal

Mr. Kofi Annan

Story by Athman Amran

The path that led to the signing of the power sharing deal between President Mwai Kibaki and Mr Raila Odinga had many hurdles.
The two adversaries had their swords drawn even before last year’s December 27 General Election. Emotions that would later burst open in violence and deaths when President Kibaki was declared winner had been whipped in earnest.
During the countdown to the General Election, there were ominous developments that pointed to the hard line stances that would be taken afterwards by both parties.

First there were allegations that the Government was dispatching Administration Police Officers countrywide to rig elections in favour of Kibaki and PNU.
Then there was the scary presence of heavily armed General Service Unit (GSU) personnel who cordoned off the Kenyatta Conference Centre (KICC) just before Kenyans voted. KICC was the vote tallying centre of the Electoral Commission of Kenya (ECK).
The delay in the announcement of the presidential results and sudden unexplained surges of votes in favour of President Kibaki created further tension.
Then followed the hasty and unfamiliar circumstances in which the presidential results were announced.

This was crowned with a hasty swearing in of President Kibaki at State House, Nairobi. Countrywide violence, which had begun a day earlier, spread and worsened.
This marked the beginning of shadow boxing between President Kibaki and Raila. Kibaki said he won the election fairly and advised his opponent to go to court. Raila insisted the victory was stolen from him and that President Kibaki should step down and pave way for a re-run.
PNU was first playing the "strong-arm" card through use of brutal force to end violence. Then all "peaceful protests" by ODM and live broadcasts were banned.

The next card by the Government was to form a coalition with Mr Kalonzo Musyoka’s ODM-Kenya and pooling in MPs from other smaller parties.
This was designed to add PNU’s numerical strength in Parliament, where it expected the next war to be fought.
But with the rising death toll and destruction of property, PNU and ODM were alarmed.
The international community also expressed concern at the Kenyan situation.

No world leader, except Uganda’s President Yoweri Museveni, congratulated President Kibaki.
Then on January 1, 2008, British Prime Minister Mr Gordon Brown — in his New Year message — telephoned Raila and offered to intervene and end the chaos. The death toll had by then reached 300.
Raila had decided he would not meet face to face with President Kibaki. He accepted Gordon’s offer but with two conditions.
"The first condition is that President Kibaki must first step aside and publicly own up to the fact that he was not elected President. The second condition is that the negotiation must be done by mediators because I’m not willing to talk to him directly," the ODM leader said.
On January 2, several things happened.
Europe offered to assists
The US and the UK issued a joint statement, which quoted UK Foreign Secretary Mr David Milliband and his US counterpart Dr Condoleezza Rice pledging both diplomatic and political assistance to end the crisis.
"The immediate priority is to combine cessation of violence by their followers. We call on all political leaders to engage in a spirit of compromise that puts the democratic interests of Kenya first," they said.

The African Union (AU) announced that its delegation led by Ghana’s President John Kufuor was expected in the country.
A statement from AU headquarters in Addis Ababa, Ethiopia, said: "This visit is part of the AU efforts to assist in overcoming the post-electoral crisis facing Kenya."
Milliband and Rice supported the peace initiatives of the AU, EU and the Commonwealth.
Kibaki, in an attempt to resolve the issue internally, invited all MPs-elect from all political parties for a meeting at State House, Nairobi. The agenda of the meeting was unclear, so was its outcome.

A PPS dispatch later said 85 MPs-elect met the President who urged them to focus on issues that affect the people once Parliament is opened. No ODM or ODM-Kenya MP turned up.
Ignoring Kibaki’s gestures, Raila on January 3 said his team had identified former United Nations Secretary General, Mr Kofi Annan, former South African Anglican Archbishop Desmond Tutu and Kufuor for mediation.
Raila said he had talked to Brown, Rice and Libyan leader Muammar Gaddafi.
"All these leaders want peace and we have identified Annan, Kufuor and Tutu to negotiate but the Government has refused," said Raila.

Tutu had already arrived in the country at the invitation of the All Africa Conference of Churches to lead a delegation to mediate between the political adversaries to restore peace.
Tutu, after meeting with President Kibaki at State House, Nairobi, on January 4, said the President was willing to form a coalition government if the Opposition ended the post-election violence.
President Kibaki had also assured Tutu that once Parliament re-opens, the Government would reach out to find a solution.
But Tutu wanted the process initiated even before Parliament re-opens.
On January 5, Kibaki and Raila met separately with US Assistant Secretary for African Affairs Dr Jendayi Frazer.

She noted that a solution to the crisis could not be found through "dishing out political seats" as President Kibaki had been suggesting. She said fundamental challenges that triggered the unrest had to be addressed.
On January 5, President Kibaki invited Raila to a meeting at State House, Nairobi on January 12. It was intended "to restore peace and resolve political crisis".
But Raila said he would only attend the meeting if it was part of the negotiation process that Kufuor was expected to spearhead.

A frustrated President Kibaki then formed a coalition government with Mr Kalonzo Musyoka’s ODM-Kenya on January 8.
Kalonzo was named Vice President in the "half-cabinet" comprising 17 ministers. This was seen as bait for ODM MPs who were hungry for Cabinet posts to jump ship and cut down the size of Raila’s party.
Kufuor arrived on the same day to facilitate dialogue between the Government and the Opposition.

On January 9, Kufuor managed to talk with President Kibaki at State House, Nairobi and later with ODM leaders at Hotel Intercontinental. But Kufuor’s mission flopped when President Kibaki and Raila failed to meet face-to-face to kick-off the dialogue.
The Ghanaian jetted out empty handed and passed the ball to Annan.
Former Presidents Mr Kenneth Kaunda of Zambia, Sir Ketumile Masire of Botswana and Mr Joacquim Chissano of Mozambique also came on January 12 to help end post-election chaos.
On January 18, Kibaki appointed a committee to spearhead national political dialogue — headed by Kalonzo.

The committee was to represent the Government in negotiations led by Annan.
It also comprised Internal Security minister Prof George Saitoti, Attorney General, Mr Amos Wako, Foreign Affairs minister, Mr Moses Wetangula and Justice and Constitutional Affairs minister, Ms Martha Karua. Others were Finance minister, Mr Amos Kimunya, Kanu chairman, Mr Uhuru Kenyatta, Transport minister, Mr Chirau Ali Mwakwere and Mbooni MP, Mr Mutula Kilonzo.
ODM refused to work with the team. It accused Kalonzo of being a traitor.
Panel of eminent persons
But Annan’s arrival beamed a ray of hope. His team comprised Graca Machel, wife of former South African President Mr Nelson Mandela and former Tanzanian President Mr Benjamin Mkapa.
ODM and PNU selected four leaders each to form the National Dialogue Team to sit with Annan and his team.

PNU chose Karua, Education minister, Prof Sam Ongeri, and Kilonzo. Wetangula joined in later.
ODM chose Pentagon members, Mr Musalia Mudavadi and Mr William Ruto and Aldai MP, Dr Sally Kosgei, while Ugenya MP, Mr James Orengo, joined later.
The agenda of the Annan team was to ensure immediate stop to violence, restoration of fundamental rights and liberties and measures to be taken to address the unfolding humanitarian crisis and promotion of reconciliation and healing.
On political crisis, the issues would include power sharing, constitutional review and reform of the Electoral Commission of Kenya.
Annan’s fourth agenda is the discussion of long-term issues and solutions.
The ice was broken when on January 24 Annan managed to bring Raila and President Kibaki together for the first time since the announcement of disputed presidential election results on December 30.

The two leaders shook hands at Harambee House, Nairobi, after a face-to-face meeting in the presence of Machel, Annan and Mkapa.
Annan brought the two leaders together again on January 29 at County Hall, Nairobi.
On February 1, the first signs emerged that progress was being made in the talks. The Government and ODM agreed to hold joint rallies to stop the escalating violence and restore basic human rights. This was after a 10-hour meeting of the team headed by Annan. They had agreed there should be freedom of assembly, expression and press, to help end political turmoil.
On February 8, President Kibaki and Raila agreed to share power but PNU insisted the President should call the shots. ODM wanted an interim government based on party strength in Parliament.

On February 12, Annan suggested that a grand coalition was the best way to tackle the dispute. He was speaking at a Speaker’s Kamukunji at Old Parliament chambers.
His comment was not received well by the Government side, and the talks hit rough waters again.
Karua argued that no such agreement had been reached.
The team then moved to Kilaguni Serena Lodge to hammer out a final deal, which Annan had expected would be reached between 48 and 72 hours.
On February 15 he said: "I will not tire… I will be here as long as it takes to arrive at new Government. I will not be frustrated nor tire. I will pay the price of staying until we resolve the crisis". He was addressing an international press conference at the Serena Hotel in Nairobi after the retreat at Kilaguni.

At crucial and sensitive moments in the talks, the US, UK and the EU issued ultimatums that did not go down well with the Government.
On February 15, Bush said he was sending Rice to Kenya to deliver a message.
"In terms of Condi’s visit, the key is that the leaders hear from her first hand that the US desires to see that there be a power sharing agreement that will help this nation resolve its difficulties," Bush said.

Rice arrived on February 18 and talked of governance structures for real power sharing.
The talks however almost collapsed when on February 26 a member of PNU team engaged the panel in heated exchanges. The member made comments that stunned mediators and talks were suspended.

Annan then decided to engage with President Kibaki and Raila.
And as if in an orchestrated move, AU chairman and Tanzanian President, Mr Jakaya Kikwete, arrived on February 26. Two days later, Annan met Raila and President Kibaki to end a deadlock over the Prime Minister’s post.

Kibaki had wanted the Prime Minister and his two deputies to be appointed under current laws while waiting for a comprehensive review of the Constitution while Raila wanted a proper power sharing deal.

+++++++++++++++++

THE SUNDAY STANDARD:

Published on March 2, 2008