WHY ANNAN IS A WORRIED MAN

SUNDAY NATION
NAIROBI, KENYA
By BERNARD NAMUNANE
April 4 2009

Is Kenya still on the road to reform? Kofi Annan, who presided over the mediation talks that gave birth to the National Accord, says it is.

Mr Annan, who hosted a delegation of government and civil society officials in Geneva, Switzerland, to conduct an audit of the grand coalition government, praised President Kibaki and Prime Minister Raila Odinga for saving Kenya.

“Kenyans should be proud for having brought the country back from the brink of disaster. If the parties had not agreed to enter into negotiations at an early stage and made concessions because they understood what was at stake, the ethnic dimension of the violence could have made things worse,” he said.

At stake was the unity of the nation, the pride of Kenyans – whose country had been described as the beacon of hope for Africa – stability and the economy. A dispute over the results of the presidential election drove the country to the brink of a civil war.

Mr Annan, former Tanzanian president Benjamin Mkapa and former South African First Lady Graca Machel, stepped in to find a solution, bringing together President Kibaki of the Party of National Unity and Mr Odinga of the Orange Democratic Movement to sign the National Accord and consequently form the Grand Coalition Government.

The road map

The National Accord provided the road map to constitutional, legal and institutional reforms. It also laid down ways of tackling poverty, correcting inequality and regional imbalances, handling youth unemployment and promoting national cohesion.

It also proposed land reforms and ways of dealing with corruption and impunity. Mr Annan says the framework that is already in place will ensure far-reaching reforms that should “fundamentally transform the Kenyan society for the better”.

In line with the recommendations of the Kriegler Commission, the Electoral Commission of Kenya was disbanded, giving way to the Interim Independent Electoral Commission (IIEC) that is expected to be operational in the next few weeks.

The constitution review process is on course, and two crucial laws — the Truth, Justice and Reconciliation Commission Act and the National Cohesion and Integration Act that criminalises ethnic discrimination — are in place and will soon be brought into force.

The Waki commission on post-election violence completed its work and handed in its report. Efforts to establish a local tribunal to try the architects of post-election violence, as recommended by the commission, have so far failed.

The Geneva meeting, attended by six ministers including Attorney-General Amos Wako and Justice minister Martha Karua, however, decried the slow pace of reforms and warned of a repeat of electoral violence in 2012 if they are not completed in time.

Emerging cases of official corruption, the slow pace of reforms, Cabinet squabbles, failure to set up a local tribunal, return of cronyism in government circles and widespread food shortages are issues that Kenyans are unhappy about.

But Ms Karua argued that while power- sharing was basically a political class issue which was concluded with a lot of enthusiasm, the reforms that affect the public have not been given much attention.

“Power-sharing, which involved the political class, is by far the most successful agenda in the National Accord. Unfortunately, politicians have not displayed the same enthusiasm when it comes to dealing with reforms that are close to the common wananchi,” she said.

Why is the political elite not eager to implement reforms? MPs are deeply divided over a local tribunal, a group in government is viciously protecting the Judiciary from reforms, and ministers linked to corruption have not been sacked or compelled to step aside to pave the way for investigations.

Karuti Kanyinga, a lecturer at the University of Nairobi, says because reforms threaten the status quo, it is not easy for politicians to implement them. “They are even using reform language to resist reforms,” Dr Kanyinga said.

Those against a local tribunal to try those suspected in the post-election violence say it would be expensive and would be subverted by powerful forces.

Is Kenya still on the road to reform? Kofi Annan, who presided over the mediation talks that gave birth to the National Accord, says it is.

Mr Annan, who hosted a delegation of government and civil society officials in Geneva, Switzerland, to conduct an audit of the grand coalition government, praised President Kibaki and Prime Minister Raila Odinga for saving Kenya.

“Kenyans should be proud for having brought the country back from the brink of disaster. If the parties had not agreed to enter into negotiations at an early stage and made concessions because they understood what was at stake, the ethnic dimension of the violence could have made things worse,” he said.

At stake was the unity of the nation, the pride of Kenyans – whose country had been described as the beacon of hope for Africa – stability and the economy. A dispute over the results of the presidential election drove the country to the brink of a civil war.

Mr Annan, former Tanzanian president Benjamin Mkapa and former South African First Lady Graca Machel, stepped in to find a solution, bringing together President Kibaki of the Party of National Unity and Mr Odinga of the Orange Democratic Movement to sign the National Accord and consequently form the Grand Coalition Government.

The road map

The National Accord provided the road map to constitutional, legal and institutional reforms. It also laid down ways of tackling poverty, correcting inequality and regional imbalances, handling youth unemployment and promoting national cohesion.

It also proposed land reforms and ways of dealing with corruption and impunity. Mr Annan says the framework that is already in place will ensure far-reaching reforms that should “fundamentally transform the Kenyan society for the better”.

In line with the recommendations of the Kriegler Commission, the Electoral Commission of Kenya was disbanded, giving way to the Interim Independent Electoral Commission (IIEC) that is expected to be operational in the next few weeks.

The constitution review process is on course, and two crucial laws — the Truth, Justice and Reconciliation Commission Act and the National Cohesion and Integration Act that criminalises ethnic discrimination — are in place and will soon be brought into force.

The Waki commission on post-election violence completed its work and handed in its report. Efforts to establish a local tribunal to try the architects of post-election violence, as recommended by the commission, have so far failed.

The Geneva meeting, attended by six ministers including Attorney-General Amos Wako and Justice minister Martha Karua, however, decried the slow pace of reforms and warned of a repeat of electoral violence in 2012 if they are not completed in time.

Emerging cases of official corruption, the slow pace of reforms, Cabinet squabbles, failure to set up a local tribunal, return of cronyism in government circles and widespread food shortages are issues that Kenyans are unhappy about.

But Ms Karua argued that while power- sharing was basically a political class issue which was concluded with a lot of enthusiasm, the reforms that affect the public have not been given much attention.

“Power-sharing, which involved the political class, is by far the most successful agenda in the National Accord. Unfortunately, politicians have not displayed the same enthusiasm when it comes to dealing with reforms that are close to the common wananchi,” she said.

Why is the political elite not eager to implement reforms? MPs are deeply divided over a local tribunal, a group in government is viciously protecting the Judiciary from reforms, and ministers linked to corruption have not been sacked or compelled to step aside to pave the way for investigations.

Karuti Kanyinga, a lecturer at the University of Nairobi, says because reforms threaten the status quo, it is not easy for politicians to implement them. “They are even using reform language to resist reforms,” Dr Kanyinga said.

Those against a local tribunal to try those suspected in the post-election violence say it would be expensive and would be subverted by powerful forces.