Fomer MP charged with attempted murder

Written By:Carol Gakii   , Posted: Fri, Feb 29, 2008

Former Bomet MP Nick Salat has been charged in a Kericho law court with attempted murder.

Addressing a press conference at Police headquarters Friday police spokesman Eric Kiraithe said that the former legislator’s fire-arm and license have been impounded.

Kiraithe at the same time said that a warrant of arrest has been issued against former Saboti MP Davis Nakitare.

Kiraithe says Nakitare is being sought for allegedly promoting war like activities.

Police require Nakitare to report to Kitale police station or any other police station. 

The warrant of arrest comes a week after police arrested 200 youths who were said to be undergoing military training in a farm belonging to the former MP.

At the same time a crime watch report released by police Friday says that criminal activities drastically dropped last year compared to the previous year.

The report dubbed, CRIME REPORT and DATA 2007 places Nairobi on top of areas that have recorded a radical decrease in crime rate with a 43% drop rate.

North Eastern is second while Rift Valley comes third.

Speaking during the release police spokesman Eric Kiraithe however said economic crimes increased towards the end of the year due to the post election violence that rocked the country after the December 27 polls.

Meanwhile Kiraithe is warning that police are on high alert for any illegal groups out to cause chaos saying that severe action will be taken against anyone found engaging with such groupings.

STATE OF THE NATION, I Accuse the Press for igniting post election violence: Fact or scapegoat?

NEWS EXTRA

STATE OF THE NATION Publication Date: 2/29/2008

I Accuse the Press for igniting post election violence: Fact or scapegoat? There is a grain of truth in the charge that vernacular stations fuelled the post election violence–just a grain. But caution was thrown to the wind in the Internet and SMS, argues Special Correspondent PETER ORIARE Debate over the role community FM radio stations broadcasting in vernacular played in promoting violence is gaining momentum and becoming acrimonious by the day.  Information minister Samuel Poghisio is leading the onslaught. He maintains that radio stations that broke the law should be deregistered.  But those in the media and human rights have already reacted angrily, dismissing the claims as another attempt by a heavy-handed and embattled government to curtail freedom of expression, and punish media unsympathetic to its cause. The controversy raises fundamental questions over perception and reality. Did the community radio stations fuel the post-election violence or not? And if they did, to what extent did they actually contribute towards ethnic violence visited on various communities in Kenya? And what is the appropriate way of dealing with the errant community media? Are there other variables that could have stimulated the post-election violence?  Radio stations The position that they contributed to post-election violence assumes that ODM supporters evicted PNU supporters from Nyanza, Western and Rift Valley because the radio stations told them to do so.  It assumes that the community radio stations unanimously dictated to the masses in Nyanza, Western and Rift Valley what to do with their PNU sympathisers.  The reverse, it follows, is true of PNU supporters who evicted their ODM supporters and sympathisers from Central, Nairobi and parts of Rift Valley provinces.  But such arguments are simplistic, as proof of causation in such matters is problematic because of the multiplicity of factors influencing behaviour of listeners. Vernacular stations were not the only causes of hatred. Other sources include family, peers, colleagues, schools, political parties and their mobilisation strategies, religious organisations and other civil society active in politics.  Indeed, nearly all communities have their own community radio today. According to a freelance photographer in Nairobi, a vernacular radio station broadcast messages to the effect that “weeds should be uprooted,” while another station singled out a community for the saying that those never satisfied with anything should be left to go fishing.  Mass Communication A lecturer at Kenya the Kenya Institute of Mass Communication said: “I usually do not tune in to vernacular radio stations, but on December 30, I tuned in by sheer accident. I was looking for the BBC, but since I understand a bit of the language, I heard the presenter saying that “let’s uproot the stubborn weed”.  But Media Institute executive director David Makali said: “Both the media and politicians contributed to the problem. The politicians and their parties paid for the inflammatory advertisements. It’s also scandalous because the media can’t tell you who won the elections.”  And the ban on live broadcasting did not help matters. Following the ban, most community radio stations merely relayed messages broadcast by BBC, CNN and Al Jazeera that showed violence taking place. The foreign media showed real time evictions of burning houses, scarred people on the move and even people hacked to death.  When people saw their tribesmen being killed, they did similar things to members of other communities living among them. Some stations relayed such gory stories they fuelled the post-election violence in unexpected places far from the epicentre. According to Wanjohi, such messages also fuelled revenge attacks by reporting the plight of the displaced, and their eventual return to “ancestral homes”.  And while such reports supported relief and humanitarian activities, in some cases these reports coincided with acts of violence against vulnerable displaced people in isolated places across the country. Nairobi lawyer P.L.O. Lumumba agrees with Muli: “I have listened to some of the vernacular stations calling people to arms,” he said. This kind of talk, and the evidence is available, could easily incite voters to violence. According to a media analyst, “the call-in services made ordinary people air hate messages”. And when the violence broke out, the stations tended to give a lot of air time to the violence, making gory descriptions of what was happening. Yet before the campaigns, the radio stations were instrumental in stimulating the registration and political participation. And owing to their proximity to the grassroots, the community radios were true watchdogs, and vigorously put politicians to task over critical national issues.  The media were the first to bring to public attention the tallying anomalies of presidential votes that led to the current political crisis in Kenya. They also showed live the sharp political divisions and fights at the ECK media centre, where the results were being read. Political bickering and election fraud were played live in Kenyan sitting rooms and public places.  On the day of the General Election, the community media scrutinised the performance of election officials. They broke news of late arrival of election officials and ballot papers. They prompted ECK officials to act. The community radio stations were also the first to report election results because of their proximity to polling stations and knowledge of the ECK officials on the ground. When ECK dragged their feet in releasing results, the community radios filled the gaps through continuous analysis and updates of new results from officials on the ground. And following the eruption of post-election violence, the community radio stations played important roles in promoting peaceful co-existence. For instance, they supported the “Chagua Amani Zuia Noma” campaign. Indeed, the argument that community media fuelled post-election violence ignored the role played by other mass media such as Internet, mobile phones and satellite communication.  And while FM stations may have hastened the current crisis, it is the short message texts via mobile phones that were the more devastating. Here are just some of the SMSs, some more spiteful than others, which were probably sent out simply for their amusement value. For Jaramogi so hated Kenyans that he gave his son Raila that whosoever believe in him shall live in eternal slavery, hunger, diseases and die in pain. Look at Kibera, look at Nyanza; we do not need Kiberas and Nyanzas in Kenya! He is cold, he is a terminator, a destroyer, a demon with an odd national constituency. He is Raila Odinga and he hasn’t what it takes to deliver Kenyans to the Promised Land. Join other Kenyans in stopping this great son of Africa. Today the people have spoken. Send this SMS to 10 people. Do you want us to be ruled by Luo to take us back to joblessness? Safeguard the kingdom. Let’s ALL come out and give all the votes to Kibaki so that we are not ruled by an uncircumcised man who will make us wear shorts and plunder all our wealth. Send this to 50 or more GEMA people. Its your vote that will prevent our country from going back to Egypt. May our God bless you.  Woooi! Do you want to let the kingdom to go to the Luos by failing to vote? Vote for Kibaki. Failure to vote is tantamount to voting for the Luo. Send this message to at least three of your friends from our (Kikuyu) community. Kibaki Tena. With Ngilu in, the pentagon  becomes sexagon. No wonder they have been singing “bado mapambano”. Other SMSs ridiculed PNU: Poromoka Na Uhuru (Collapse with Uhuru) Potea Na Uhuru (Get lost with Uhuru) Porojo Na Ukabila (Nonsense and tribalism) Pora Na Utoroke (Embezzle and run) Payuka Na Unyanyuke (Talk nonsense and boast)  Payuka Na Uanguke (Talk nonsense and fail) Panga Na Ushindwe (Plan and fail) Panda Na Ushuke (Ascend and descend) Pumbavu Na Ukabila (Foolish with tribalism) Potea Na Upumbavu (Get lost with foolishness) Party of No Understanding. Sambaza (distribute) this to 10 ODM SUPPORTERS for a good laugh! The E-mail was not left out:  Reasons why I will not vote for Raila Odinga: Raila’s son, Fidel Castro Odinga, is named after the world’s longest serving dictator. Fidel Castro (the Cuban head of State) is the communist who turned Cuba into a Third World slum. Why should this be a point of concern for Kenyans? Fidel Castro is Raila’s role model. Raila is a communist and a dictator at heart. If we make the mistake of giving him the presidency now, he will never let go. This guy will be a life president; Raila being a Luo, is technically in the eyes of ALL the tribes of Kenya, a boy. Hey, hey! Before concluding that I am hitting the guy below the belt (pun intended), it is him who on several occasions, have stated this fact and in fact tried to make a case for being uncircumcised. The last time he did this, to my recollection, was at Kasarani ODM presidential nominations; Why did I say all tribes of Kenya? All tribes other than the Luo circumcise their males as a mark of initiation from boyhood to manhood. The Luo initiate by removing six upper teeth. This guy is uncut (by his own admission) and has all his 32 teeth; Raila is a tribalist and particularly hates Kikuyus passionately. Raila is denying — without being accused, at least publicly — that he hates Kikuyus. His earlier comments tell a different story. Remember the comment he made that Uhuru was the only good Kikuyu when they were both in ODM? Raila is accusing the PNU of creating Raila-phobia among the Kikuyu. Raila is creating Kikuyu- phobia among everyone else as did Moi throughout his rule. E-mail bloggers on Mwoto mwoto, chini kwa chini news networks “revealed” to us that President Kibaki was sworn in at 2pm and not at 4.45pm as KBC televised. Overzealous propagandists and bloggers used Internet to disseminate hate messages. Political parties and their sympathisers created websites specifically for political campaign propaganda. Bloggers had a field day posting hate messages and propaganda.  Short text messages in ethnic languages were circulated urging members of various communities not to vote for perceived enemies. One such message implored community members not to vote for a presidential candidate “who is not circumcised”.  Kinsmen used SMS messages to discipline and ostracise errant relatives with differing political orientation. “Is it true what I’m hearing? Tell me if you are PNU? You have to change because you have embarrassed your family by supporting PNU,” a man warned his brother. People reacted negatively to messages depicting their preferred presidential candidates either as “devil worshippers” or “chameleon”. But the service providers promoted peace through SMS. Safaricom dispatched SMS messages such as: “In the interest of peace, we appeal to Kenyans to embrace each other in the spirit of patriotism, and exercise restraint to restore calm to our nation.”  Celtel also sent out another: “One people one nation, choose peace.”  An assessment of the role of community radio stations in the post-election violence must also take into account the factors that made them vulnerable to political manipulation.  According to Allan Were, a journalist, community radio stations became hostage to regional and tribal political establishments because of the increased tribalisation of Kenya.  “Unaccustomed to free, balanced critical opinion, public debates and truth, the media became perfect instruments of the political will during the critical period before elections”.  The writer is a communications and research consultant

Good work on talks, but task unfinished

Good work on talks, but task unfinished

Published on February 29, 2008, 12:00 am

The signing on Thursday of a historic governance agreement to resolve the crisis sparked off by last year’s disputed presidential election marks the beginning of a hopeful but challenging period for Kenya.

Coming at a time armed militia were reported to be preparing for renewed violence should the talks collapse, it will be remembered as the moment the nation stepped back from the brink of a precipice.

It is also reminder that consensus is possible on the most difficult of issues.

Hopefully, we shall never have to go through the harrowing experiences of the last two months before turning to dialogue and reason.

Implementing the agreement and resolving some of the other challenges still facing the country will not be easy. Neither will healing the wounds caused by the divisive campaign, the election and its aftermath.

It is our most fervent hope, notwithstanding the hardline rhetoric of the negotiation period, that President Kibaki, Mr Raila Odinga and their political allies are all committed not just to the letter of the agreement but also to its spirit. It will simply not do to have covert or overt attempts to subvert the agreement by seeking ways to claw back concessions or press for advantages.

We strongly urge Members of Parliament to rally behind the deal for the benefit of the people. The international community and the people of Kenya should also throw their weight behind the agreement and help this country’s political leadership succeed in leading us back to normalcy. As Dr Kofi Annan said on Thursday, let healing begin.

Country celebrates peace agreement

NEWS

Country celebrates peace agreement Story by NATION Team Publication Date: 2/29/2008

The Government and ODM Thursday returned smiles on the faces of Kenyans and a sigh of relief to the international community by signing a deal to end the two-month political crisis. Kenyans across the country burst into celebrations after President Kibaki and ODM leader Raila Odinga signed the agreement at Harambee House. Celebrations engulfed western Kenya following the announcement that the mediation team had reached a power sharing deal between PNU and ODM. Crowds chanting ODM slogans poured into the streets to celebrate what they said was an end to a period of uncertainty. On a day that would have seen the ODM supporters take to the streets in protests, it was jubilation instead. Cars with full headlights blaring horns and draped in twigs snaked through the streets of Kisumu. While some sang and danced on the streets, others chose to ride on car bonnets in celebration. But in  the President’s Nyeri home turf, some residents welcomed the move while others accused him of betraying them. Stick to the agreement Kenya National Union of Teachers Nyeri branch secretary Samuel Kariuki Kanake welcomed the deal terming it the best decision the country has made in the recent past. “This is the best decision and we fully support it,” said Mr Kanake who called the Nation Nyeri office soon after the deal was signed. Mr James Mwangi, a consultant in Nyeri, said he hoped the leaders would follow the agreement to the letter. “I hope this is the end of bad things for Kenya. The leaders should make sure they stick to the agreement,” he said. However, some Othaya businessmen were unhappy.  “This is very serious. How can he do that?”  asked a businessman from Othaya Town who said that by signing the deal, “the President was accepting that he had lost the polls”. At the Coast, residents celebrated the power-sharing deal, saying it was the only way to end the crisis. Business came to a standstill in Malindi Town last evening as residents poured into the streets  shouting “Peace!” “Peace!” in celebration. Several vehicles with huge loudspeakers mounted  on them moved around the town, loud music blaring from them. The residents chanted “ODM!” “ODM!” and praised Mr Odinga for signing the deal. In Kilifi Town, residents broke into celebrations after witnessing the signing of the agreement. Most of the residents who followed the proceedings on television and radios in hotels, open air-markets and the Kilifi bus park broke into cheers and praised President Kibaki and Mr Odinga for their commitment to end the crisis. Touts at the bus park abandoned their work and headed to palm wine drinking dens to celebrate. Two days of intense shuttle diplomacy by chief mediator Kofi Annan and Tanzanian President Jakaya Kikwete targeting President Kibaki and Mr Odinga did the trick and the political agreement was signed at 5.50pm at Harambee House, which is also the  office of the president. It was the meeting of five — President Kibaki, Mr Odinga, President Kikwete, his predecessor, Mr Benjamin Mkapa, and Mr Annan – that succeeded in navigating through the six issues that had led to the suspension of talks to give Kenyans a peace deal they have been yearning for for the past two months. Minutes before the announcement of the breakthrough, Mr Annan had stated: “We have had constructive and fruitful discussion and we have come to an understanding on coalition agreement. We are ready to sign a document at 4pm. That is when we will brief you on what we have agreed. What I can say now is that we have an agreement.” The meeting took five and half hours in which it is understood President Kibaki and Mr Odinga closed ranks and agreed to the creation of the position of prime minister. It was based on the Tanzanian model of PM where the office holder controls and coordinates the functions of ministries in a way that his powers will not interfere with those of the President. The two sides will also get ministerial slots on the strength of their numbers in Parliament while it was agreed that the positions of the PM and two deputies would be created through an Act of Parliament. Append signatures It was a sight to behold at the entrance to Harambee House when a mahogany table was brought and two red seats bearing the emblem of power strategically positioned next to it for the two men at the centre of the conflict to append their signatures to the coalition agreement. Watching closely were Cabinet ministers, attorney-general Amos Wako, key leaders in ODM, foreign diplomats, Mr Annan and Mr Mkapa alongside scores  of journalists. Hundreds of Kenyans stood on the adjacent Harambee Avenue to witness the occasion. Mr Odinga and his team – MPs Musalia Mudavadi, Najib Balala, William Ruto, Sally Kosgei, Anyang’ Nyong’o and Henry Kosgey – arrived at 4pm ready for the ceremony. Mr Odinga had left the venue for lunch at 3pm as Mr Annan was briefing the press on the breakthrough. President Kibaki, who arrived at Harambee House at 9am, met with government negotiators Martha Karua, Sam Ongeri, Moses Wetang’ula and Mbooni MP Mutula Kilonzo. Also present during the signing ceremony were Vice-President Kalonzo Musyoka, Cabinet ministers George Saitoti, Amos Kimunya, Uhuru Kenyatta, Samuel Phogisio and Wilfred Machage. It marked a fruitful end to a tortuous journey of mediation started by Ghanaian President John Kufuor on January 8. Later police lobbed tear-gas canisters on a group that was celebrating the deal. The group which had gathered at a vantage position near Harambee Avenue to follow the speeches had earlier wildly cheered President Kibaki and Mr Odinga as they signed the agreement and spoke. They further chanted slogans in support of Mr Odinga and other ODM leaders. The group’s shouting attracted the eyes of guests invited to witness the signing, together with former United Nations Secretary General Kofi Annan, Tanzanian President Jakaya Kikwete and his predecessor Kofi Annan. Ceremony ended The crowd continued with their celebrations when the ceremony ended and as the dignitaries motorcades left the venue at around 6 pm. However, hell broke loose minutes later when police, without any provocation lobbed tear-gas at the demonstrators as they scampered for safety. Reports by Lucas Barasa, Bernard Namunane, Walter Menya, Walker Mwandoto, Wilfred Muchire and Daniel Nyassy

Joy as Kibaki, Raila sign power sharing deal

Joy as Kibaki, Raila sign power sharing deal

Published on February 29, 2008, 12:00 am

By Patrick Wachira

Finally, the much-awaited power sharing deal that has been shrouded in controversy, but which held the only key to a peaceful and agreeable settlement of the post-election impasse has been signed.

Both President Kibaki and the Orange Democratic Movement (ODM) leader, Mr Raila Odinga, appended their signatures on the historic deal that saw the return of the Office of the Prime Minister scrapped by Jomo Kenyatta in 1964.

News that a deal had been struck touched off a carnival mood in Orange strongholds, relief in many parts of the country and general optimism to a battered and anxious population.

The world watched Dr Kofi Annan and his UN-backed Panel of African Eminent Persons and African Union chairman Jakaya Kikwete as they brought together the erstwhile rivals in a ceremony beamed live on TV.

In a nutshell, the deal — which will be entrenched in the Constitution — created the post of an executive prime minister, who will supervise ministers and lead Government in Parliament. It also provides for the sharing of Cabinet positions based on the strength of parties in the House.

President Kibaki and Mr Raila Odinga sign an agreement on power sharing, expected to end the crippling political crisis triggered by the discredited presidential elections. Looking on are, from left to right, Mr Amos Wako, President Kikwete, Dr Kofi Annan, Mr Benjamin Mkapa and Mr James Orengo.

This memorable covenant that could usher in a new era of reforms — which successive regimes have procrastinated over until the near post-poll meltdown — will assume legal and constitutional force when Parliament is summoned on Thursday next week.

On Thursday night, Britain and the United States, who have stridently pushed for “real power-sharing” to break the crippling impasse arising from a discredited presidential election, swiftly welcomed the development.

“Kenya’s leaders have reached a power-sharing agreement that represents a triumph for peace and diplomacy, and a renunciation of the violence that has scarred a country of such enormous potential,” British Prime Minister Gordon Brown said.

He added: “Common sense has prevailed, and the Kenyan people have the outcome for which they have hoped and prayed. I applaud the courage that Kenya’s leaders have shown in taking the tough decisions necessary to put Kenya back on the path to prosperity, democracy and stability which it is so richly deserves”.

However, Brown said the hard work must continue, adding: “Kenyans need help to resettle and rebuild. Real leadership, patience and tolerance are necessary to ensure that the agreement sticks”.

Mr Tom Casey, the US State Department spokesman summed the outcome expected to put the country back on track after a bloodletting that claimed at least 1,000 lives and left close to half a million people displaced, thus: “That’s an important and very positive step forward. We are very pleased to see that this agreement has been reached”.

He noted that the deal would allow the Kenyan people to move forward with what he described as “a very basic issue of governance”. The official added: “We want to see this agreement implemented… We certainly appreciate the goodwill shown by both President Kibaki and Mr Odinga in reaching this agreement. We certainly would hope that everyone associated with their political parties and movements would work with them to support this deal and move it forward”.

In his speech soon after signing the accord, President Kibaki gave a solemn promise to see to it that the deal was honoured to the letter so that Kenyans could embark on the task of nation building and reconstruction.

The President was in a jovial mood as he signed off a portion of his powers to rival Raila in a historic moment at the steps of Harambee House.

Post of Prime Minister

The new office of the PM will have power and authority to co-ordinate and supervise the functions of the Government and will be occupied by an elected MP who will also be the leader of the party or coalition with majority members in Parliament.

Further, his removal and that of his two deputies will only be through a vote of no confidence by majority MPs.

The coalition government will also reflect portfolio balance and party strength in Parliament.

On Thursday, the Office of the President — chosen after Raila and his team objected to having mediation talks held at State House — was the venue yet again of this momentous occasion.

Earlier, Annan had engaged Kibaki and Raila for the better part of five hours as they discussed the making of a new political dispensation not seen before in the country’s history.

In his speech, Kibaki asked Kenyans to rededicate themselves and to engage in “productive activities that contribute to the prosperity and well-being of our nation. We should also be a caring nation that reaches out to its neighbours and those who are disadvantaged in our society”.

Raila regretted that for the last two months, Kenyans had known nothing but sadness. He, however, said that the tragic events that followed the discredited presidential elections would also serve as a platform to launch reforms that would make Kenya a better place to live.

Said he: “I wish to thank millions who turned up on the 27th of December to vote. Those who voted were exercising their democratic rights. Kenyans did not know that turmoil would follow but this is what countries at times go through”.

He added: “Many have been killed, many orphaned, many widowed and many displaced. We should ensure that Kenyans begin to celebrate and love each otherÉThe crisis was a test for Kenya and a lesson for a forum for foundation for a united country”.

In his speech, Annan said he and other mediators would continue with the talks until other agenda, including land access and equity, as well as poverty eradication, are concluded.

On his part Kikwete referred to the violence that rocked Kenya as a historical accident, saying it can be a “thing of the past”.

He said the toil and sweat of the mediation team had been handsomely rewarded following yesterday’s signing of the power deal.

“This agreement, if implemented fully, will help the people of Kenya,” he said.

Kikwete said friends of Kenya were keen to see the agreement implemented in full, following which they would assist in the task of reconstruction.

He said the task was not for the two principals but the entire Kenyan population across social and political divides.

Earlier, Annan had said he would sustain his efforts until the entire job was completed. He said the AG would work on the Constitutional amendment to be tabled in Parliament for enactment.

He commended the efforts of the mediators, which made the deal possible. “Let the process of healing begin now,” he said.

The deal was a result of give and take, he said, and expressed hope that those involved would not be left with a feeling that they either gave too much or got too little.

 

AGREEMENT SIGNED, RAILA PM, 50,50 POWER SHARING

Breakthrough as President Kibaki and Raila sign deal

Written By:Millicent Awuor   , Posted: Thu, Feb 28, 2008

President Mwai Kibaki and ODM leader Raila Odinga have agreed to the formation of a coalition government, which allows the formation of a Prime Ministers office with two deputies.

The historic event took place at the President’s Harambee house office.

UN Secretary general Kofi Annan and AU Chairman who is also Tanzanian President Jakaya Kikwete witnessed the 5.07 pm signing ceremony.

According to terms of the accord, the Prime minister will be elected from the party with the majority in parliament.

The office of the Vice president still remains in the arrangement.

Each party will nominate a deputy.

The two also agreed to the sharing of cabinet posts on a 50:50 basis.

Parliament reconvenes next week to ensure the changes are embedded in an act of parliament paving way for a constitutional amendment.

According to other details spelled out by mediator Koffi Annan the coalition will cease if parliament is dissolved, if one of the coalition members pulls out or if the parties involved agree to such terms in a meeting.

On the other hand, the Prime Minister can be removed from office through a majority vote of no confidence by parliament.

The talks will now move to the fourth agenda which aims at looking at long term issues including the constitutional reform, poverty reduction and land reforms.

BRITAIN PLOTTING TO OVERTHROW KENYA GOVERNMENT

Talks fail: Army is Kenya’s best hope

27 February 2008 07:41
DisplayDCAd(‘220×240′,’1′,”); Britain on Tuesday said that the Kenyan army is now “by far the best option” to stop a sectarian bloodbath as peace talks in Nairobi between the government and opposition were suspended.The Foreign Office Minister for Africa, Asia and the United Nations, Mark Malloch-Brown, said that there was a serious risk of renewed bloodshed if talks broke down irrevocably. About a thousand Kenyans have been killed since disputed elections in December and 600 000 have fled their homes after rival gangs, organised largely on ethnic lines, went on the rampage.The violence has died down recently as the former UN secretary general Kofi Annan has brokered negotiations, but he called a pause to the talks on Tuesday after several fruitless weeks. He said he would now hold direct talks with President Mwai Kibaki and the opposition leader Raila Odinga. However, Western observers believe that extremists on both sides have used the lull to regroup and prepare for another, and potentially bloodier, bout of violence in Kenya. “We’re going to have to stop the violence,” 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 on Tuesday, 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 United States and European Union threatening sanctions against leaders on both sides if they did not agree to share power. “I want to emphasise that the future of our relationship with both sides and their legitimacy hinges on their cooperation to achieve this political solution,” said Condoleezza Rice, the US Secretary of State. “In that regard, we are exploring a wide range of possible actions. We will draw our own conclusions about who is responsible for lack of progress and take necessary steps.” The European Union statement emphasised “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. Annan suspended talks between the government and the opposition negotiating teams after it became clear they were going nowhere. “It was bad on Friday, and it just got worse,” said a diplomat familiar with the talks. 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 an opposition prime minister. One of the reasons for the breakdown has been Kibaki’s insistence on keeping a grip on the finance ministry. Richard 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, it’s trained by the Brits, it’s a regular contingent in UN forces,” Dowden 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.” – Guardian Newspapers Limited 2008 Related articles Protest threat hangs over Kenya talks Ethnic tension splitting Kenya

Affront to democracy

EDITORIALS

Affront to democracy Publication Date: 2/28/2008

It is an outrage, but apparently, nobody seems to think it is anything out of the ordinary. Eight councillors from Nyatike Division in Migori have been living in a nightmare ever since they were elected on a ticket of the ‘‘wrong’’ party exactly two months ago. In fact, they had to flee to Tanzania after daring to ‘‘win’’ on a PNU ticket in an ODM zone. Never mind that they only won because their opponents did not present nomination papers in time, and therefore knocked themselves out of the contest.  So what should this tell us about the state of democracy in Kenya? The fact that the councillors have been hounded for exercising their democratic right is not, in itself, surprising considering the intensity of intolerance against those purported to be holding opposing political views everywhere in the country. This intolerance is not isolated; it is, indeed, one of the reasons why Kenya is in such dire straits today. Isn’t it surprising, for instance, that none of the ODM top officials, who keep talking about democratisation and human rights, have seen it fit to intervene so that these eight can enjoy some rights too? Isn’t it worrying that the Government cannot find ways of ensuring the security of these hapless folk? The test of any nation’s maturity is its ability to tolerate diversity of views and political beliefs. We, in Kenya, have failed this test time and again, which is why we are enduring this terrible ordeal. What is happening in Migori is just a microcosm of what has been happening in the rest of the country, right from the grassroots to the highest levels of our body politic. And we talk of democracy? Write to the author

Kibaki’s coalition proposal over non executive PM post dismissed by ODM.

Kibaki’s coalition proposal over post dismissed

Published on February 28, 2008, 12:00 am

By David Ohito

President Kibaki kicked a fresh power-sharing controversy by announcing he was ready to appoint a Prime Minister “in a Coalition Agreement”.

In a statement from the Presidential Press Service, Kibaki said he had met with the chief mediator in the Kenya National Dialogue and Reconciliation process, Dr Kofi Annan, at his Harambee House offices on Wednesday to thrash out the pending issues, especially in regard to the role of the proposed PM’s office.

Kibaki said the pending issues could be addressed under the current Constitution in Coalition Agreement.

ODM leadership immediately dismissed the statement that the position of PM could be created under the present Constitution, saying it was unacceptable and reminiscent of the trashed Memorandum of Understanding Kibaki trashed at the beginning of his presidency.

The trashing of the 2002 agreement, in which the Liberal Democratic Party and the National Alliance Party were to share positions, caused a political falling out within the Narc Government.

ODM on Wednesday insisted they wanted a strong premiership founded in the Constitution with legal backing and which draws its powers from Parliament.

ODM leader, Mr Raila Odinga, said the party was only interested in a power-sharing agreement or a transition Government that would embark on reforms immediately.

Raila, who spoke at Pentagon House in Lavington, said: “We are not merely interested in power-sharing for the sake of it. We want a transitional government that will embark on legal, institutional and constitutional reforms. We will share power in a government that is reform geared.”

He said only comprehensive reforms of the institutions, legal and constitutional would alleviate recurrence of the problems witnessed in January and this month.

Constitutional provision

Raila said the party would not put any roadblocks in the way of mediation process, adding that he had fruitful discussions with Annan and former Tanzanian President, Mr Benjamin Mkapa, at Pentagon House.

Raila’s sentiments on the PM position were backed by party Secretary-General, Prof Anyang’ Nyong’o, who said: “ODM is not interested in a coalition Government built on quicksand, but that which has legal and constitutional backing.”

“The establishment of offices of PM and two deputies must be through a constitutional provision,” he said.

Nyong’o said under the current Constitution, the President had powers to hire and fire any minister.

“When the President directs sacking of a minister it takes effect immediately…this is what ODM cannot accept in this power-sharing agreement.”

A lawyer who sought anonymity said under Section 18 of the Constitution, the President has powers to allocate portfolio and appoint a Vice-President and other ministers.

The lawyer said the Constitution only recognises the President, VP, and other ministers without specific reference to the office of the PM.

“This means the PM’s office under the present Constitution is not significant at all,” he said.

The lawyer also took issue with the President’s promise to undertake reforms in a year. “What constitutional reforms can Kibaki undertake in 12 months when he had five years and failed to do so? What would warrant the hurry?” he asked.

Nyong’o said Kibaki’s proposal for a coalition would neither satisfy Kenyans nor ODM in its quest for justice.

 

EU WARNS KENYAN POLITICIANS

EU to act on those who stall mediation

Published on February 28, 2008, 12:00 am

By Abiya Ochola and Caroline Mango

The European Union has expressed concern over the stalled negotiations and called for an effective power-sharing mechanism.

The EU presidency also warned of dire consequences to individuals who obstructed the process.

“The presidency emphasises 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,” read the statement from the EU presidency in Slovenia, faxed to newsrooms on Wednesday.

The presidency expressed concern over the stalling of the talks and supported efforts by the Panel of Eminent African Personalities, led by chief mediator, Dr Kofi Annan.

“The presidency is concerned to learn that there remains a serious gap between the Kenyan parties preventing them from reaching a final agreement.”

The statement came a day after Annan suspended the talks as the negotiating teams failed to reach a compromise.

Addressing the Press, Annan said the matter lay in the hands of the two principals: President Kibaki and ODM leader, Mr Raila Odinga.

The EU urged for what it termed constructive dialogue in a spirit of compromise.

“At this critical stage in the dialogue, the presidency strongly urges the parties to redouble their efforts to engage constructively in a spirit of compromise to secure a legitimate political settlement,” said the EU.

The French Embassy holds the EU local presidency.

Twenty-four European missions also warned: “Those identified as being involved in undermining the search for a political settlement will face the consequences of their actions”.

“We cannot emphasise enough the responsibility that Kibaki and Raila have personally towards the talks,” they said.

We strongly encourage both sides to redouble their efforts to reach an effective power sharing agreement for the sake of the country,” said the statement signed by Canada, Switzerland, Norway, Japan and European diplomatic missions in Kenya including Austria, Belgium, Cyprus, Czech republic, Denmark, Finland, France, United Kingdom, Spain and Sweden.

The missions said they noted with great concern a statement by Annan that the negotiating teams had made no progress towards reaching an agreement on governance.

On Wednesday, they noted in the statement forwarded to newsrooms, “We continue to support the efforts of the Annan-led talks to assist Kenya’s leaders in finding a political solution that is acceptable to Kenyans and which addresses the longer term, underlying issues”.

The international community further said it recognised that some difficult decisions would have to be made and that many of the long-term issues would take time to work through a satisfactory conclusion.

True leaders owe us hope of creating a new Kenya

True leaders owe us hope of creating a new Kenya

Published on February 28, 2008, 12:00 am

By Nancy Mburu

I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight…

With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

…When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, “Free at last! free at last! thank God Almighty, we are free at last!”

Martin Luther King Jr may have delivered his famous ‘I have a Dream’ speech to fight for the emancipation of the Negro in 1963, but today, we can still draw lessons from it.

Just like King, I have a dream that it will no longer be business as usual. I have a dream that those to whom we have entrusted leadership will wake up from their slumber and start working.

A dream that we shall be free from the yoke of want and embrace full fundamental reforms resulting in a greater nation.

We are on the threshold of a new era in which we shall look at each other with renewed respect. For we know how close we came to losing each other. We attempted to destroy one another, but but we did not have the stomach for more horror. That is why we agreed to a ceasefire to give mediation a chance.

I have a dream that tomorrow, we shall sing a new song of triumph, after the realisation of our long cherished dream to have true leaders and equality for all.

The events that happened after December 30 took us to our lowest point. We witnessed death and destruction of a magnitude hitherto unseen in our 45 years of independence. We came to the verge of civil war, and God forbid it should ever come to this.

Martin Luther King was unfortunately murdered before his prophetic speech could be realised, but I know our dream will be actualised soon.

I have chosen to see possibilities where there are none. I have a strong feeling that we, the ordinary citizens, will benefit the most. This is why we have started to pick up the pieces as the peace talks continue. For we expect a concrete solution. Our fate cannot rest entirely with two individuals and their respective hardliners, who find it nearly impossible to agree. They could learn much from the Chinese proverb, “He who cannot agree with his enemies is controlled by them”.

Beyond power sharing

We all know that what is going on at the Serena Hotel involves a delicate balance of numerous issues, not just the disputed election. Even as these men and women haggle and try to cobble a deal suitable to their respective sides, they must not lose sight of the real issues at hand. They must remember Mr Kofi Annan’s words that the negotiations go beyond sharing Government ministries. We are talking about a country here; that belongs to all of us.

These people have to come up with a deal that addresses issues that have been a thorn in our side. It is no about a political show of might, for that would be gambling with more innocent lives. Our leaders must remember the biblical verse that all things will pass away, except the word of God: They must leave a good mark in this world.

It is not about which political party or community reigns supreme, but about lasting systems that will serve our country for ages. For who knows whether tomorrow’s protagonists will be PNU and ODM? Society is dynamic and so is politics.

Back to my dream; I believe we getting there. Leaders have seen Kenyans mean business, so they had better get down to work. That is why we need a system of governance that offers checks and balances. No single political party should be left to govern the country. Power has to be shared, with some coming our way.

The principle of equal opportunity must be applied in toto. It is encouraging to see the Government publicly advertise jobs and publish names of short-listed candidates, in the spirit of fairness. It must do the same even for senior jobs, so the thousands of highly educated and experienced Kenyans can get a chance to render their exemplary services to the society.

I have a dream that there will be justice for all the innocent lives cruelly snuffed out in the post-election violence. Let not the deaths be in vain. Kenya has no room for warlords. If we previously underrated our importance to the continent and the rest of the world, now we know better. Our country is beautiful and precious. Only true leaders deserve to govern it.

This is what the men and women at Serena must realise. If they know what is at stake, then they do not have the luxury to walk out on the talks. This is the real test. Tantrums, double-speak and inflated egos have no room in the new Kenya. We cannot backslide. We need to hang in there.

—The writer is The Standard’s Chief Sub-Editor, Weekend Editions

 

Raila tables ODM view on dialogue to Kikwete

Raila tables ODM view on dialogue to Kikwete

Published on February 28, 2008, 12:00 am

By Ben Agina and Ayub Savula

Tanzanian President, Mr Jakaya Kikwete, met ODM leader, Mr Raila Odinga, to jumpstart the stalled mediation talks.

During the two-hour meeting at the Grand Regency Hotel, Raila gave the party’s position.

Raila, who was accompanied by ODM Pentagon members, Mr Musalia Mudavadi, Mr Najib Balala and Mr Joseph Nyagah, maintained that there must be real power sharing through a grand coalition Government.

Tanzanian President, Mr Jakaya Kikwete (centre), with Chief mediator, Dr Kofi Annan, and former Tanzanian President, Mr Benjamin Mkapa, address the Press at the Grand Regency Hotel, on Wednesday. Picture: Collins Kweyu

ODM made their position known ahead of the big-five meeting scheduled for today between Presidents Kibaki and Kikwete, former President Benjamin Mkapa, Chief Mediator, Dr Kofi Annan, and Raila.

On Wednesday, Raila told Kikwete the positions in the Cabinet and government should be shared equally.

Each coalition partner shall nominate the persons for appointment to allocated positions in Cabinet and Government.

The party also maintained that removal from the appointment will not be done, except with explicit approval of the appointing coalition partner.

In the event of the collapse of the grand coalition or termination of the mediation agreement by either party, there shall be fresh presidential elections, ODM preferred. On the position of the Prime Minister and two deputies, Raila told Kikwete that their appointments be through appropriate constitutional provision.

The Prime Minister, ODM says, shall be accountable to the Cabinet and Parliament.

Another key position that may ruffle the Government is that the Prime Minister shall be the leader of Government Business in Parliament, currently held by the Vice-President.

Raila also told the Tanzanian President that the Prime Minister might be removed from office only through a vote of no confidence by Parliament.

The Prime Minister, according to the ODM position, shall supervise and co-ordinate ministries and Government affairs in addition to being responsible for the reform agenda.

ODM has also insisted that key provisions of the mediation agreement be entrenched in the Constitution.

Meanwhile, the ODM Parliamentary Group has suspended today’s mass action.

Secretary-General, Prof Anyang’ Nyong’o, told a news conference after the PG that they had been prevailed upon by Annan to call off the mass action.

Nyong’o said ODM had also agreed that Annan should consult with the principals in the talks before they resume.

Political settlement

He said instead of the mass action, MPs would go to their respective constituencies to pray for peace.

Nyong’o said the PG resolved that they fully support an initiative to resume the Annan talks for a political settlement.

“We are asking Kenyans to support the Annan-led talks because Kibaki and his PNU friends who are behind the mediation are making it difficult to come up with a solution,” added Nyong’o.

He said time for change had come and it would not be business as usual in the operation of the Government.

The party had summoned the PG meeting this morning to prepare for the mass action today. Nyong’o had said the MPs would be involved in the co-ordination of the mass action and converge at Uhuru Park at 10am for the event. On Monday night, the ODM called for mass action following the stalling of the mediation talks.

Nyong’o had sent a letter dated February 25 to Police Commissioner, Maj-Gen Hussein Ali, informing him that the party would hold nationwide peace meetings on February 28. In the letter, Nyong’o had said ODM regional co-ordinators had delivered letters to respective OCPDs across the country.

He said the letters were to notify the OCSs of the rallies and request for security.

On Wednesday, Nyong’o advised the MPs to preach peace for the success of the Annan talks.

He said ODM wanted justice to be done for peace to prevail following the discredited last year’s General Election.

 

Annan talks shift to Raila and Kibaki,

Annan talks shift to Raila and Kibaki

Published on February 28, 2008, 12:00 am

By Standard Team

Lead mediator Dr Kofi Annan made good his promise to directly engage President Kibaki and Mr Raila Odinga.

It was a day of intense shuttle diplomacy and building international pressure.

This appeared borne out of concerns that the stalled talks, a seeming belligerence of the protagonists in the disputed and discredited presidential election —Party of National Unity (PNU) and Orange Democratic Movement (ODM) — and an uncertain future could touch off another round of bloodletting.

African Union (AU) chairman and Tanzanian President, Mr Jakaya Kikwete, who arrived on Tuesday for a two-day visit, extended his stay in Nairobi, underlining the urgency to restart the stalled talks.

But in announcements made after separate meetings with Annan, who chairs the Panel of Eminent African Persons facilitating the talks, Kibaki and Raila showed gestures that demonstrated some commitment to resolve the impasse.

ODM called off mass action and President Kibaki announced through a Presidential Press Service (PPS), that he was ready to create the post of prime minister and two deputies.

The PPS dispatch suggested that an accord would be reached under what it described as a “Coalition Agreement”, an arrangement, which ODM dismissed as possibly leading to another MoU without a legal backing.

However, the positions on the contentious issues that bogged down the talks, forcing a suspension on Tuesday, continued to linger.

ODM wants what it calls a “real power-sharing deal”. However, PNU has only agreed to “sharing of responsibilities” in Government, which is not the same as “power sharing” and has stuck to doing everything within the confines of the Constitution.

On Wednesday, 27 member States of the European Union (EU) issued a statement as international pressure on Kibaki and Raila piled, saying: “A power sharing settlement is a must.”

Pressure from the EU and US could nudge the leaders to shift ground as the EU echoed another statement issued a day earlier by US Secretary of State, Ms Condoleeza Rice, warning that the US was exploring “a wide range of options” on Kenya and that leaders seen as blocking the process to peaceful settlement would face dire consequences.

“We reiterate the position of many in the international community that attempts to undermine or obstruct such an agreement will not be viewed lightly and those identified as involved will have to face the consequences of their actions,” the statement signed by 24 European missions in Nairobi and headed by France, which holds the local EU presidency, said.

Saboteurs to be punished

On its part, Germany said political leaders who will boycott or derail the mediation talks aimed at solving the political impasse would be dealt with.

German envoy to Kenya, Mr Walter Lindner, issued a warning in Nairobi saying: “We support the Annan-led talks and whoever boycotts or derails the mediation talks will have to face the consequences. This has been our position and we hope a solution will soon be found.”

Earlier, deep apprehension over the suspended talks was expressed by Britain, which suggested that the army be called in for fear that the stalled search for a political settlement could trigger fresh bloodletting.

Mr Mark Malloch-Brown, British Foreign minister for Africa, Asia and the UN, said the Kenya Army was “by far the best option” to any violence.

“We’re going to have to stop the violence,” Malloch-Brown said. “The Kenyan military is by far the best option. The question is: Can the army be brought in a non-divisive way?”

Talking to the UK’s Guardian newspaper, he argued that the army was respected by the public as a genuinely national and multi-ethnic institution.

It was instructive that Kibaki’s meeting with the security chiefs came after this statement by the UK minister.

The President met the Chief of the General Staff Jeremiah Kianga, Police Commissioner, Maj Gen Hussein Ali, NSIS Director-General, Mr Michael Gichangi, Internal Security minister, Prof George Saitoti, and Defence minister, Mr Yusuf Haji.

Details of the meeting were not available, but the timing was read as a check on the level of preparedness of the security apparatus.

In his meetings with Kibaki and Raila, Annan is understood to have told the two that “the differences are bridgeable”.

But in his meeting with Annan, Kibaki dug in on a position earlier spelt out by his mediation team on Tuesday, saying he was ready to share power but within the Constitution.

“President Kibaki noted that the pending issues were not insurmountable and should be adequately addressed under the current Constitution, the Coalition Agreement and the upcoming comprehensive constitutional review,” the PPS dispatch read.

PPS quoted Kibaki telling Annan that the office of Prime Minister and two deputies would be created under the Constitution, even as the country prepared for a comprehensive review within 12 months.

President Kibaki asked that the terms of a Coalition Agreement being discussed be finalised.

“The President said the Coalition Agreement should be used to address the appointment and security of the offices of members of the coalition partners in Government,” reported PPS.

Non-binding deal

But Raila, who met Annan and former Tanzanian President Benjamin Mkapa at Pentagon House, said ODM would not accept a deal that was not legally binding.

“We are not interested in entering a transitional government that will not carry out comprehensive, legal, institutional and constitutional reforms to avoid a repeat of the crisis that we have seen in the last two months,” Raila said.

He added: “We want power-sharing that is reform-based, through a transitional government that will be a means to an end, not an end in itself.”

Pentagon members, Mr Musalia Mudavadi, Mrs Charity Ngilu and Mr Najib Balala, accompanied the Lang’ata MP. ODM liaison person in the mediation talks, Mr Caroli Omondi, was also present.

The party called off mass action indefinitely and Raila asked supporters to allow for peaceful negotiations. The party had earlier called for mass action countrywide citing the slow pace of the mediation.

Speaking at Pentagon House after meeting Raila and his team, Annan remained upbeat: “We held constructive discussions with Government and ODM teams and with President Kikwete. The differences are bridgeable.”

On Tuesday, Annan sent out a passionate appeal to Kibaki and Raila to show goodwill in the talks and resolve the political crisis triggered by the disputed presidential elections, which has left at least 1,000 dead, 300,000 displaced and the economy rattled.

“We all know the fear, trauma of violence and displacement, and the desire for return to steadiness and to restore Kenya’s peace. Kenyans have lost jobs and leaders must think of the people,” Annan said.

When he met Kikwete, Raila stated that the position of prime minister and two deputies be made through appropriate constitutional provisions.

The prime minister, he insisted, shall be accountable to the Cabinet and Parliament and the premier may only be removed from office through a vote of no confidence by the House.

Raila said the PM’s office, if created, should supervise and co-ordinate ministries and the affairs of Government.

He insisted that key provisions of the mediation agreement be entrenched in the constitution.

Last night, a lawyer who sought anonymity cautioned ODM against the proposed Coalition Agreement, saying it amounted to MoU similar to the one that was dishonoured under Narc regime.

 

ODM calls off Thursday’s mass protests

NEWS

ODM calls off Thursday’s mass protests Story by LUCAS BARASA Publication Date: 2/27/2008

The Orange Democratic Movement has called off rallies slated for Thursday which aimed at pressurising the government for a speedy resolution of the political impasse. ODM leader Raila Odinga. PHOTO/FILE The ODM postponed the countrywide rallies, which called for the re-opening of Parliament, so that it can pass laws in support of the resolutions of the Kofi Annan led mediation talks. ODM leader Raila Odinga announced the rescheduling of the rallies following a request by former United Nations secretary general Kofi Annan so that not to jeopardise the talks. “I would like to announce now on behalf of the movement the postponement until further notice any kind of action intended for tomorrow,” Mr Odinga said at Pentagon House in Nairobi. Speaking after a meeting with Mr Annan and former Tanzanian President Benjamin Mkapa, Mr Odinga who was flanked by Pentagon members Musalia Mudavadi, Najib Balala and Charity Ngilu said ODM was committed to the negotiations and will ensure it succeeds. Mr Annan appealed to Mr Odinga and ODM not to proceed with the mass action. The chief mediator said the National Dialogue and Reconciliation was at a critical stage of negotiations and that solutions to the crisis must be reached at the negotiation table. The rallies had raised fears countrywide that they could result in fresh violence and lead to deaths and destruction of property. The party which enjoys a majority in Parliament and whose pollsters have rated as most popular in the country had given President Kibaki seven days from last Wednesday to convene Parliament to discuss and pass laws to back recommendations of the Annan talks for smooth implementation. The rallies were also meant to protest what party secretary general Anyang Nyong’o termed as slow pace of the month old talks and the party added it had notified police as required that it will be holding them. The party has accused rival PNU of undermining the talks, often changing goal posts, lack of seriousness and buying time as it consolidated its leadership. PNU which has since denied being a stumbling block in the negotiations condemned the planned demonstrations. Previous mass protests by ODM supporters over the disputed last year’s presidential election results were outlawed by police, who lobbed tear-gas canisters at the defiant demonstrators, shot at, injured and killed some of them. Mr Mkapa called for patience as PNU and ODM negotiators looked for a solution to the crisis that has left more than 1000 people killed and 300, 000 displaced. Mr Annan had set a deadline of 15 days since January 29 for ODM and PNU negotiators to agree on short term solutions to crisis. Disagreements between the negotiators and hardline positions have however hampered the talks success as at a time when the teams were discussing how to resolve the disputed last year’s presidential election results. The teams are divided on the creation of a Prime Minister position, the holder’s functions and powers.

President Jakaya Kikwete to hold talks with Kibaki, Raila over suspended talks.

Kikwete to hold talks with Kibaki, Raila over suspended talks.

Written By:claire wanja   , Posted: Wed, Feb 27, 2008

Tanzania’s President Kikwete, who is also the new chairman of the African Union, is Wednesday expected to meet President Kibaki and opposition leader Raila Odinga to jumpstart the suspended peace talks.

Former United Nations secretary general Kofi Annan, who is the mediator of the talks, reportedly said he was suspending negotiations to make certain that a lasting solution is found soon.

This comes after United States Secretary of State Condoleezza Rice criticized both the opposition and the government for failing to end their political stalemate.

The talks have been trying to resolve the ongoing political crisis, which is blamed for a loss of lives and property.

Kenyan discontent is bred of half-truths, social stratification

Discontent is bred of half-truths, social stratification

Published on February 27, 2008, 12:00 am

By Muthoni Thang’wa

Kenya, by any definition, comprises of many nations — often referred to as communities — that make one nation state.

However, it also comprises of two types of people, who see their world from one angle, regardless of community, political affiliation, religious inclination or economic status. These are defined as those who are looking into the 21st century and others who will not get out of the 18th century.

People in the latter group have a mental attitude that remains in the colonial era, when an African was expected to give up their culture, religion and way of life for what they thought was the ‘promised land’. They were able to get jobs, medical attention, some semblance of education and the joy of attending the white man’s church. In other words, life was based on a carrot-and-stick system: You do as you are told and you get a reward.

On attaining independence, the political elite did not make it clear that much as Kenya was adopting the colonialists way of life — such as the Constitution, the concept of urban environment, education system and so on, independence means taking responsibility for the self, the family, the wider community and our nation.

Since Kenya adopted its rules from colonial masters, we have no choice but to play by those rules, even if the reward is not guaranteed.

The idea of law and order is very elusive. For example, hawkers refuse to leave the city centre, claiming that the Government does not care about their needs and woes. Once the Government build a market for them, some expect it to charge no fees for its use while others believe that customers can only be found on the street.

In other words, they understand enterprise and that one has to work for a living, but completely refuse to understand that this cannot be at the inconvenience of others who run their businesses from the city centre, or walk the pavements as they go about town.

Crying wolf all the time

Also in this group are the non-governmental organisation-types who are best at using the donor-provided catch-phrases of the season and cannot think beyond the current trends in donor funding.

They seem to think that being progressive constitutes permanently criticising the Government of the day. Admittedly there are many things to critique in any government, but when these types get an opportunity to make changes from within, they spend all their time crying wolf, wolf. In the end they often leave public service with much acrimony and without any substantial changes that can be credited to their time is service.

A distinct difference can be seen in other less loud Kenyans who occupy Government offices and parastatals and draw up and implement policy changes whose benefits will be enjoyed by Kenyans for a decade or so.

The former comprises the political elite who spend all their time convincing stuck-in-18th-century Kenyans that there is a reward system that can only come to a community by through the presidency. Never mind that post-independence Kenyan presidents only perfected that art of rewarding those few individuals — of various communities — strongly affiliated to them.

The biggest problem is that these Kenyans are easily convinced that communities are beneficiary of a presidency, making their struggle self defeatist given that majority members of any community are struggling Kenyans, just like themselves.

The middle class is another perfect example of this category. They work hard, play by the rules and accumulate enough wealth to give them comfort. At that point they disconnect from other Kenyans.

Woe unto such a Kenyan should they work for a foreign mission or an international body because they do a better job representing the imperial thoughts of their employers better than ambassadors do. To their credit, they understand current global political and economic trends, but seem completely unable to apply this knowledge in the local environment.

The roses are always in bloom out there which may be a fact, but which is supplemented by the fact that there are nationals of that rosy country that sacrificed much and identified with local problems in order to find lasting solutions.

It seems that Kenya may have a difficult time moving forward as long as these two groups remain with such a wide gap in between. Kenyans shall continue to seek solutions in national reconciliation, constitutional review, a strong opposition and change of the system of government or even change in the government itself.

Real success will only be sustained if the 21st century Kenyans can slow down, the 18th century hasten their steps or the two groups find common ground form which to build nationhood. The vacuum between the two is what is being filled with hatred, untruths and discontent on the state of nationhood.

The writer is a curator at the Karen Blixen Museum

KENYA REACTS TO US STATEMENT

Government reacts to Rice’s speech on talks

Published on February 27, 2008, 12:00 am

By James Ratemo

The Government reacted sharply to US Secretary of State, Ms Condoleezza Rice’s criticism of Kenyan leaders for failing to end their political stand-of.

In a press conference last night, the Government mediation team urged ‘International friends’ not to impose solutions on Kenya.

“Our international friends as we have stated before are welcome to make suggestions and to support the dialogue process but not impose solutions.

They should take care not to legitimise or reward violence, death and destruction. All relevant factors must be taken into account to avoid rush judgment based on incomplete information,” read the statement in part.

Rice, who is on a trip to China, on Tuesday said she was disappointed by Kenyan leadership and Washington would take “necessary steps” if a solution was not reached.

KENYA, MEDIATORS INTEGRITY QUESTIONED

Revealed: Inside the talks room

Published on February 27, 2008, 12:00 am

By Standard Team

A member of the PNU negotiating team engaged the Panel of Eminent African Persons in heated exchanges and is understood to have let fly comments that stunned mediators before the talks were suspended indefinitely, The Standard can report.

A disappointed lead mediator, Dr Kofi Annan, said he would now engage with the principals, Party of National Unity’s President Kibaki and Orange Democratic Movement’s Mr Raila Odinga, in a bid to give the talks a fresh lease of life.

This emerged even as the US State Department announced it was exploring “a wide range of possible actions” on Kenya, less than 24 hours after the deadlock.

“We will draw our own conclusions about who is responsible for lack of progress and take necessary steps. We will also exert leadership with the United Nations, African Union, European Union and others to ensure that the political solution the Kenyan people deserve is achieved,” the US Secretary of State Dr Condoleezza Rice said in a statement issued by the State Department.

On Tuesday night, details of the exchanges in the mediation room remained sketchy but the minister is understood to have exploded when the former United Nations Secretary-General, Annan, tried to steer discussions towards what was already drafted in the report of the Legal Working Group.

Sources told The Standard the minister was defending the need to preserve the President’s executive authority and retain him as the appointing authority for both the prime minister and members of the Cabinet when Annan interrupted the argument with the reminder.

Thereafter, the talks are said to have degenerated into accusations, with epithets being hurled across the table as the PNU and Orange Democratic Movement (ODM), the two protagonists in the disputed and discredited presidential elections engaged in a slinging match.

Both Annan and former Tanzania President Benjamin Mkapa, who also sits on the Panel of Eminent African Persons, are understood to have found themselves on the rack with attacks, some of them questioning their integrity.

It is at this point or shortly afterwards, sources said, that the minister left the mediation room in a huff.

Mbooni MP Mr Mutula Kilonzo, who together with Justice minister Ms Martha Karua, Education minister Prof Sam Ongeri and his Foreign Affairs counterpart Mr Moses Wetangula makes up the Government team at the talks, is said to have followed the minister outside.

When he returned to the still high-strung room, Mutula reportedly apologised and clarified that the minister’s were “personal remarks and not that of the Government mediation team”.

Tampers flared

Later, while addressing journalists at the Serena Hotel after the talks, Mutula remarked: “The meeting was too hot, tempers flared in the afternoon”.

Since the weekend, it was clear the talks could be headed for a gridlock, even collapse.

Matters in the search for a political settlement out of the impasse — that has left at least 1,000 people dead, close to half a million displaced and the economy on the brink — appeared to have come to a head on Monday.

On Tuesday, that chasm appeared to have widened even as the talks’ teams put on a brave face.

In perhaps his harshest speech since he arrived in the country slightly over a month ago, Annan openly spoke of his disappointment at the failure by the protagonists to understand the magnitude of the problem at hand.

He appeared dismayed that no one seemed to see the gravity of what in his estimation was an extraordinary situation that required extraordinary measures to deal with once and for all.

Struggling to remain diplomatic in the face of disdain, Annan told an international press conference: “We cannot pretend that nothing has happened, we cannot continue with business as usual”.

The UN-backed mediator asked President Kibaki and Mr Raila Odinga to either take charge by giving instructions to their representatives, “or I engage them”.

It was only his second statement in under 24-hours that seemed to imply that the two must now show leadership in the process.

On Monday night after a day in which nothing moved in the talks, Annan had stated: “I believe that the Panel of Eminent African Personalities working with the Kenya National Dialogue and Reconciliation have done its work. I’m now asking the party leaders, Hon Raila Odinga and President Mwai Kibaki to do theirs”.

He said he had concluded that the teams were incapable of resolving the outstanding issues.

The divide was evident from what the opposing sides in the talks said soon after Annan’s pronouncement.

While ODM cited frustration even after “ceding a lot of ground” in the talks, PNU insisted it did not see any justification for the suspension.

Mutula, in fact, said the Government side had formally protested against the shelving of the talks and said that the bitter exchanges and flaring of tempers would not justify such a move.

“Look at Prof Sam Ongeri, he is distraught…you have never seen him like this,” the MP, who spoke for the Government side, said in reference to the bitter exchanges that had erupted.

He added: “We have not given up. We were distraught by what happened on the mediation floor when it degenerated almost into personal insults.”

ODM Pentagon member Mr Musalia Mudavadi, who together with Mr William Ruto (Eldoret North), Dr Sally Kosgei (Aldai) and Mr James Orengo (Ugenya) constitute the Orange party’s team, said: “We are extremely frustrated. The moment we made some ground a complete reversal was made”.

International pressure mounts

He added: “We have been dedicated and committed to the talks. As ODM, we ceded ground on our original position that Kibaki should resign. We did this even despite the tribulations that we have gone through because we wanted Kenya to go on and be together”.

On Tuesday night, as the deadlock forced a suspension of the talks, the US threatened to exert leadership with the UN, the EU and the AU to force a political solution on Kenya.

The statement came barely a week after Rice visited the country to impress upon President Kibaki and Raila to reach a settlement soon.

“It can’t be an illusion, power sharing must be real,” Rice said and warned that the solution to the country’s crisis lay in sharing of power between the two camps.

Indeed, it is the quest for real power sharing by ODM and the reluctance by PNU to make any meaningful concessions that appear to have wound back the clock on the talks even as progress appeared to have been made.

In her statement on Tuesday, Rice noted that the two leaders assured her of their commitment to work out a structure for real sharing of power.

“While some progress has been made,” noted Rice in her statement, “I am disappointed by the failure of leadership necessary to resolve all the remaining issues.

“There can be no excuse for further delay. There can also be no excuse for violence and those responsible must be held accountable,” she warned.

“I want to emphasise that the future of our relationship with both sides and their legitimacy hinges on their cooperation to achieve this political solution,” Rice warned, adding that her country was exploring a wide range of possible actions.

She noted that peaceful voices continue to mount from civil society organisations, churches and from the Kenyan people on the need for a political solution.

She reiterated her strong commitments to efforts by the Annan mediation team to bring a political solution to the problem.

But the Government reacted sharply to the US statement at a hurried press conference on Tuesday night.

The PNU mediation team urged ‘international friends’ not to impose solutions on Kenya.

“Our international friends as we have stated before are welcome to make suggestions and to support the dialogue process but not impose solutions and should take care not to legitimise or reward violence, death and destruction. All relevant factors must be taken into account to avoid rush judgment based on incomplete information,” read the statement in part.

Mutula instead accused the ODM side of being responsible for the stalemate due to their “amazing” demands.