Thursday, February 28, 2008

DEMOCRACY IS BEING BORN AGAIN IN KENYA

Good news for the Kenyan people.The people have won! The PNU Government and ODM have Agreed to Share Power.

Mr. Mwai Kibaki and Mr. Raila Odinga signed a power-sharing agreement the reports said. The agreement creates the post of PM who will have executive powers, former United Nations Secretary-General Kofi Annan said at the signing ceremony in Nairobi. Talks will continue tomorrow on issues such as land, poverty and constitutional reform, he said. ``Today we have reached an important staging post, but the journey is far from over,'' he said. ``The real challenge is for President Kibaki and the honorable Raila Odinga to work together to heal and reconcile this nation.'' More than 1,000 have died and an estimated 600,000 people have been forced to flee their homes since the violence erupted after a Dec. 27 disputed election. The success of the accord will depend on laws passed in Parliament to implement it, the reports said.``The constitutional amendments will dictate exactly who does what, what the prime minister can do precisely, because right now all we have are principles,'' said the reports. ``Until we have practical answers, we're in a situation in which a small incident can escalate into a large-scale confrontation.''

Under today's agreement, the prime minister will be chosen by the largest party in Parliament, Annan said. That is Odinga's ODM, which won 99 seats in the 222-member assembly. The prime minister and two deputies will be included in the cabinet, he said. ``What this agreement now represents is a distribution of seats, but what is needed is a sustainable end to the crisis,'' Grignon of ICG said in a telephone interview from Nairobi. ``Unless we have a clear program of government, this power- sharing won't hold.'' Parliament will meet on March 6 to begin considering legislation to implement the accord, known as the National Accord and Reconciliation Act, Kibaki said. Both Kibaki and Odinga said at the ceremony that they were committed to making the agreement a success. ``We have began a journey and this journey we will walk together,'' Odinga was reported to have said. ``I can see light at the end of the tunnel.'' Annan led efforts to mediate in the dispute between the two sides with a team that included former Tanzanian President Benjamin Mkapa and Graca Machel, the wife of South Africa's first black president, Nelson Mandela. ``This process has reminded us that as a nation, there are more issues that unite us instead of divide us,'' Kibaki said. Long live kenya!

Tuesday, February 26, 2008

USE OF KENYA ARMED FORCES IN THE CURRENT CRISIS

The use of Kenya armed forces is gaining ground in the international arena with Britain yesterday saying that the Kenyan army is now "by far the best option" to stop the looming bloodbath as peace talks in Nairobi between PNU and ODM get gridlocked. The British foreign office minister for Africa, Asia and the UN, Mark Malloch-Brown, said that there was a serious risk of renewed bloodshed if talks broke down irrevocably.

The violence has subsided recently as the former UN secretary-general Kofi Annan has brokered negotiations registered progress, but he called a pause to the talks yesterday after several fruitless weeks. He said he would now hold direct talks with Mr. Mwai Kibaki and the ODM leader Mr. Raila Odinga.

However, western observers believe that gangs on both sides have used the lull to regroup and prepare for another, and potentially bloodier, bout of violence should the talks fail.

"We're going to have to stop the violence,"Mr. Malloch-Brown said. "The Kenyan military is by far the best option. The question is, can the army be brought in in a non-divisive way?"

He argued that the army is still respected by the Kenyan public as a genuinely national and multi-ethnic institution, unlike the police, but that its generals are reluctant to get involved because they want to maintain its status and unity.

Annan is believed to have issued an ultimatum to Kibaki and Odinga yesterday, telling them they were facing their last chance to contain the conflict before it tore their country apart.

"The talks have not broken down," Annan told reporters later. "But I am taking steps to make sure we accelerate the process and give peace to the people as soon as possible."

He was backed by coordinated statements from the US and European Union threatening sanctions against leaders on both sides if they did not agree to share power.

The EU statement also emphasized "that a means of effective power-sharing in Kenya must be found and that individuals who obstruct the dialogue process will have to face the consequences".

Potential sanctions include travel bans aimed at the political elite on both sides, who holiday and send their children to school in Europe and America.

The EU statement emphasized "that a means of effective power-sharing in Kenya must be found and that individuals who obstruct the dialogue process will have to face the consequences".

Mr. Annan suspended talks between the PNU-government and ODM negotiating teams after it became clear they were going nowhere. "It was bad on Friday, and it just got worse," said one diplomat. Annan has attempted to broker a solution in which the president maintained control of foreign affairs and defence but devolved control over domestic affairs to prime minister. One of the reasons for the breakdown has been Kibaki's insistence on keeping a grip on the finance ministry.

There are also dissenting thoughts about bringing in the army to control the violence should the situation get worse. Mr. Dowden, the director of the Royal African Society, said the deployment of the Kenyan army could be extremely risky. "The army has always been non-political. It's very professional, it does a lot of peacekeeping, well trained, and it is a regular contingent in UN forces," he said. "The last thing they would want to do is step in. But the bigger danger to them is that as this gets more ethnic and tribal, a middle ranking officer finds his grandmother has been killed and takes off, and once bits break off, the whole army unravels. The whole army holding together as a non-ethnic entity is the last barrier between Kenya and complete meltdown."

Meanwhile A visibly frustrated Mr. Annan cautioned that the mediators could not go on "as if it was business as usual". He emphasized that there would have to be constitutional and legal amendments to support the political settlement reached in the talks. His colleague, former Tanzanian president Benjamin Mkapa said the talks appeared to be going round in circles. And of notice was also the arrival of Mr. Kikwete. His visit comes just a week after he met Mr Bush who toured Tanzania and several other African countries.

Their remarks coincided with that from US Secretary of State Condoleezza Rice who said the "legitimacy" of the parties in the talks depended on a political settlement.

"I want to emphasize that the future of our relationship with both sides and their legitimacy hinges on their cooperation to achieve this political solution. In that regard, we are exploring a wide range of possible actions," she said. "We will also exert leadership with the UN, Africa Union, European Union, and others to ensure that the political solution the Kenyan people deserve is achieved."

Mr Annan Tuesday gave the following verdict of the talks as it transpired that the talks were not moving forward with new demands being made every time the negotiating teams met: Nothing is moving forward; there is no urgency in reaching solutions; no change in the mood of the two sides as the atmosphere is acrimonious.

A new twist was introduced when the Government team turned up at the Monday meeting with a draft agreement on the coalition. The new draft gave fresh guidelines on the membership of the Grand coalition, its policies, how the parties would work together in Parliament and how they would resolve their disputes among other issues. But he called on Kenyans to remain calm. "I am appealing to the public not to panic. The talks have not failed."

Also as no surprise to many are the reports that, investigations have found out that most people killed during the post-election violence in Western and Nyanza provinces died of bullet wounds, according to a report released Tuesday. But in the Rift Valley where most of the deaths occurred, the report found out that majority of the victims were either beaten to death, hacked with machetes or shot with arrows. ODM leaders have been accusing police of misusing firearms while cracking down on protesters especially in western Kenya.

Peaceful protests:

Amnesty groups have said they will demonstrate in solidarity with the people of Kenya and call on the Kenyan Government to protect people from politically motivated and ethnic violence."

The actions will further demand that Kenya's leaders "end the cycle of impunity that perpetuates the violence.

In the United States, vigils will be held outside the Kenyan embassy in Washington and the Kenya consulate in Los Angeles. Another protest is scheduled to take place in Denver, the Colorado city that has a sister-city relationship with Nairobi.

Gatherings in solidarity with Kenya are also planned in the United Kingdom, Australia, Uganda and Kiribati, a Pacific island country.

Amnesty International is likewise urging Internet users to join a "Reach Out for Kenya" group on Facebook, a highly popular social networking site, and to send e-mail messages to Kenyan politicians urging an end to the violence.

Meanwhile, the United Nations has pledged to assert its presence in Kenya if the political situation deteriorates.

In a brief to the UN Security Council on the situation in Kenya on Monday, under-secretary-general for Humanitarian Affairs John Holmes said that the international community should press for solutions both in short-term political problems and the long-term questions.

Humanitarian needs

Sir John said that in his assessment, major humanitarian needs would have to be addressed for many months to come.

"We are currently looking at least a year ahead, even on the basis of a quick and The foreign office minister for Africa, Asia and the UN, Mark Malloch-Brown, said that there was a serious risk of renewed bloodshed if talks broke down irrevocably The foreign office minister for Africa, Asia and the UN, Mark Malloch-Brown, said that there was a serious risk of renewed bloodshed if talks broke down irrevocably effective political settlement of the immediate issues. We will strengthen our own presence further, and reinforce our work alongside the Kenyan Red Cross on the basis of a strategic analysis of the needs, a clear action plan, and contingency planning in case things deteriorate," he said.

Sir John, who is also UN's emergency relief coordinator, suggested that the UN will also need to look hard at how to reorient its development programmes for Kenya to reflect the need to deal with the deep underlying problems which have come to the surface.The foreign office minister for Africa, Asia and the UN, Mark Malloch-Brown, said that there was a serious risk of renewed bloodshed if talks broke down irrevocably

Monday, February 25, 2008

ANNAN-MEDIATION TALKS ON KENYA'S CRISIS HITS A BRICKWALL

The much a waited Annan-mediation talks aimed at ending Kenya's current crisis ran into a firewall/brick wall Monday (02/25/2008).

Negotiators from both sides said Mr. Mwai Kibaki and Mr. Raila Odinga must now make the hard decisions on sharing power themselves. The negotiating teams had met early on Monday to try to finalize agreement on ending post-election crisis.

While ODM deadline to resume street protests expires on Wednesday. The PNU-government had agreed in "principle" to create a prime minister's post and was reported after last week's meetings, but it appears the parties are split on the PM's powers, sharing of ministries and the possibility of a new election in two years or sooner.

By early monday afternoon, both sides said they were unable to agree and had to push the decisions up to their bosses through mediator Kofi Annan, the former U.N. secretary general. "We have isolated a number of items that require our chairman's consultations with our principals,"Mr. Mutula Kilonzo told reporters. While Mr. William Ruto of ODM 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 said. Annan confirmed the decision.

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 Kenya's 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. Annan wants an immediate political settlement before deeper negotiations over the constitution, with rights groups warning that ethnic militias are regrouping ahead of the renewed protest threat.

In the face of a rigged Dec. 27 election, ODM has proposed a powerful premier's post and a 50-50 split in the cabinet. Kibaki says he won fairly and accuses the ODM of instigating riots and ethnic violence instead of following Kenya's legal avenues to challenge an election.

Mr. Kibaki also wants any changes to be made under Kenya's current constitution. Majority of Kenyans want a quick truthful and a just end to the two-month-old crisis.

Sunday, February 24, 2008

Saturday, February 23, 2008

PNU AND A GAME IN HAT

PNU-government seems to be playing hard ball with the plight of the Kenyan people. It is now becoming clear that the double-speak that they have adopted lately are tactics that have been played/tried before(-read THE INFAMOUS MOU'S). From a rigid position of declining to share power and creating the position of a PM. to their half-green light on it. PNU-government is in the business of "smoke-screens". They want to appear busy. Busy doing nothing-it doesn't matter, it doesn't worry them either despite the fact that the country continues to bleed.

They want to "act-like" indeed they have ceded some ground. But wait a minute, they have also insisted nonetheless that the deal with ODM should not be entrenched into the Constitution. Citing the "supreme law" that the constitution is. Even if "the supreme law" has ceased to serve and has thus become a dinosaur.

Shouting "constitution!" may well be part of the PNU-Government game-plan. They are creating room and environment for possible legal challenges in court. As ODM insists such landmark changes be executed through an amendment to the Constitution so that the likes of MOU'S are avoided.

There are reports of court cases being lined up to derail the Annan-led deals once they are finalized. Some of the challenges in the bag of legal options includes; the annulment of parliamentary elections as well — a move that could send shivers down the spines of all MPs. In the meantime, PNU-government continues to give mixed signals over the Annan talks. Although its negotiators seem to be softening their stand, the same is not true in its parliamentary group.

While conceding the Constitution has been amended over the years, Mungatana maintains Kenyans must mandate key changes such as the creation of a PM'S through a referendum.

The other ploy up in PNU-government hand-bag is openly dragging their feet in the negotiation. For instance, last Friday PNU-negotiators skipped the morning session to consult President Kibaki and a day earlier to attend a funeral.The negotiations did not start until well into the afternoon hours.

While ODM want an immediate political solution, including appointment of a PM, PNU-governmen wants a comprehensive constitutional review that will culminate in effecting ODM's demands within a year. PNU politicians also argue creation of PM post requires time to enshrine it into the constitution with the necessary structures and budget.

A lengthy and tiring process is bound to work against ODM, and the country that needs to reclaim its peace. The PNU-government is banking on the premise that, the longer it hangs on the more they will be entrenched.The Kenyan people will just throw in the towels into submission.

With PNU's leader having taken an oath of office as President and its politicians bent on preservation of status quo, the Annan talks serve political interests of the country and ODM more than PNU.

This probably explains why the party has given a cold shoulder to a number of world leaders keen on supporting the mediation.

1)South Africa's Nobel laureate Archbishop Desmond Tutu, the first to arrive, waited for two days to secure an appointment with Kibaki.

2)Indifferent Government officials were later to derogatively describe the mission of Ghanaian President and immediate former African Union chairman, Mr John Kufour, as having "come for a cup of coffee or was it tea?" with his age-mate Mr. Kibaki.

3)South Africa's renowned mediator and former African National Congress Secretary General, Mr Cyril Ramaphosa, followed suit when he left in a huff after PNU negotiators alleged he had business dealings with the ODM leader,Mr.Raila Odinga. The list is long.

Thursday, February 21, 2008

PNU NOT CLEAR ON POWER-SHARING

Word is out that PNU-government is finally caving in and facing a reality check as it is reported that they have "agreed in principle" to the creation of a prime minister's post.

The announcement came a day after ODM statement said they would resume peaceful mass protests unless action is taken quickly to reform/amend the country's constitution. This is to allow the "ongoing arrangements" made in the negotiations to be incorporated into law.

"The PNU sub-committee on legal affairs has agreed on the creation of the post of a non-executive prime minister with substantial responsibilities." Mr.kilonzo said on Thursday. But this offer is safe to say, is highly unlikely to be accepted by the ODM. Simply because the post is a non-executive.

'Real power-sharing'

Mr.Anyang Nyong’o said that he expected an agreement by the end of Friday. "The negotiators are at the table, so we must give them time," he said. "If you are going to have real power-sharing, you must separate the head of state from the head of government ... Which has been a proposal made by Kenyans since 1992.

"It is a response to the demands and wishes of Kenyans for more effective and democratic government so that the state runs properly." he added.

Wednesday, February 20, 2008

ODM TO RESUME PEACEFUL PROTESTS

ODM issued a strong statement on Wednesday saying that it will resume peaceful street protests if negotiations led by Mr. Kofi Annan fails to produce a concrete results that is acceptable to the kenyan people within one week. The statement was read by party secretary-general Anyang' Nyong'o.

Kibaki said on Tuesday that any political settlement should be made within Kenya's existing constitution, but ODM said the need to reform the colonial-era treaty was the crux of the problem.

The party accused Kibaki and his Party of National Unity (PNU) of "a deliberate ploy to delay decisions" at the talks. It said, "the ODM does not see a serious partner in the PNU in negotiation for a peaceful settlement."

ODM also has proposed that parliament is summoned within the next one week to enact the necessary changes in the constitution to implement mediation proposals."If that does not happen ODM will resume peaceful mass action." Mr. Anyang' Nyong'o said.

On Tuesday, Kibaki said he was "willing to work together and share responsibilities in government" with ODM, but that any deal "must be in tandem with the current Kenyan constitution".

The PNU-government's insistence on sticking to the constitution - a colonial-era treaty which everyone agree is long overdue for reform, is another attempt/tactics among many designed by PNU to block any special new arrangement to accommodate ODM and solve the country's crisis.

Many Kenyans fear a return to bloodshed if a final deal is not struck soon, and local media saying that gangs in some conflict-hit areas have been re-arming for a possible showdown.

The United Nations has also warned of looming food shortages as the unrest affected crop planting, particularly in the Rift Valley where about half of country's foods are grown.

A deadline set by Annan for a political deal by mid-February has since passed, but the former UN chief has vowed he will stay until the talks reach an "irreversible" point.

It would be in order at this point in time to say that the PNU-allied side be made aware that it is in the best interest of all Kenyans to implement the power-sharing arrangements and undertake these reforms so that the country can move forward.They should put aside their selfish needs and put Kenya and her people first. It cannot be any more clear.