The long awaited handshake that saw rivals stop fighting, share power

By ALEX NDEGWA

Kenya had lurched closer to a full-blown civil war when former UN secretary-general Kofi Annan arrived in Nairobi on January 22, 2008.

The soft-spoken Ghanaian could have hoped for a quick settlement of the crisis, but obstinate warring factions put his negotiating skills to a test in 37 days of stormy, tense talks.

Annan’s arrival was not welcome news to PNU, which had been adamant the crisis sparked by the outcome of the disputed 2007 presidential vote did not warrant international intervention.

ODM’s reception wasn’t inspiring either; the party’s demands that President Kibaki steps down before it could get to the negotiating table gave a glimpse of the huge gulf Annan had to bridge. The rift between the feuding parties had widened when on January 8, Kibaki appointed 15 ministers and named ODM- Kenya leader Kalonzo Musyoka the Vice President.

His action came hours before the arrival in Nairobi of the African Union head and enraged ODM, which termed the President’s decision an act of "bad faith." Ghana’s President John Kufuor nonetheless was unable to persuade Kibaki and rival ODM leader Raila Odinga to reach a truce.

Mr Kufuor, however, said both sides had agreed to work together under a panel headed by Annan.

Annan’s charm paid early dividends when Kibaki and Raila met for the first time since the crisis began on January 24. On January 29, Annan asked PNU and ODM to name teams of negotiators. PNU nominated Martha Karua, then Justice Minister, Moses Wetang’ula, Foreign Affairs Minister, Mutula Kilonzo (Nairobi Metropolitan) and Sam Ongeri (Education).

ODM had Musalia Mudavadi, Sally Kosgei, James Orengo and William Ruto. Former Tanzanian President Benjamin Mkapa and former South Africa’s First Lady GraÁa Machel joined Annan as the Panel of Eminent African Personalities.

Annan announced on February 1, 2008 the two rival leaders had agreed on an agenda for peace talks, which included immediate ending of the violence, addressing the humanitarian situation, resolving the political crisis, and land and historical injustices.

On the same day, UN Secretary-General Ban Ki-Moon arrived in Kenya for a visit to assist the talks.

The first sign of mistrust between the rival parties came after PNU rejected the nomination of South Africa’s Cyril Ramaphosa as chief mediator to lead long-term talks. Kibaki’s allies forced his ejection, citing alleged links with Raila.

Quick progress

Negotiators made quick progress in the first three items, but talks deadlocked on power sharing.

In an address to Parliament on February 12, Annan hinted at the possibility of a coalition government and urged both sides to work together to pass legislation needed to resolve the crisis. This infuriated the PNU side, which rejected suggestions of any deal on power sharing.

Annan would say later he felt the only way to go was a political option, but given the arguments negotiators were bringing from their principals, he thought if he had put it down to them they would shoot it down.

In the interview, ‘Prisoner of Peace’ in May 2008, Annan added: "I had to take them through all the issues, a bit like the electoral issue, and let them come to the conclusion that they had no option but to share power."

The former UN chief captured the acrimony and disagreements during the talks saying: "There were moments when I got cross and irritated. There were moments I would say, "Gosh! Why are they doing this?". This is serious, people are dying and they are going through these silly games."

In mid-February, Annan moved the talks to Kilaguni Serena Lodge in the Tsavo National Park hoping that would impose a "complete news blackout". The negotiators were flown to and from Kilaguni in a Kenya Air-force Aircraft. Hopes of an agreement on a coalition government dissipated as the rival groups gave conflicting accounts.

PNU insisted only the president should appoint ministers, the Prime Minister would only be coordinating government duties and that the president could sack the PM. ODM said it had been agreed that cabinet slots be shared on 50:50 basis and the president could not sack the PM.

Negotiations, they argued, were on how much clout the PM would have, with the party demanding the PM be designated head of government with executive powers.

But Mutula said that the PNU side had accepted "the creation of the post of a non-executive prime minister with substantial responsibilities.

On February 18, then US Secretary of State Condoleezza Rice arrived with a message that there had to be a full return to democracy.

The following day, Kibaki said he was willing to share power in government, but added an agreement should be made in the context of the existing constitution.

Moving round in circles

As the impasse persisted, Annan suspended the talks on February 26, saying "we are now moving round in circles over the issue of governance."

The former UN chief, however, moved to quell the perception the talks had collapsed, alive to the catastrophic consequences that would have had.

He said that was not "an act of desperation" but a move to engage directly with the principals, given there was "a need for urgency".

Ms Rice threatened that the international community would make their conclusions on who was stalling the talks and take "necessary steps".

Annan would invite Tanzanian President Jakaya Kikwete, who was AU chairman, on February 27 to explain to the two of his country’s experience with a premier.

Eventually, on February 28, Kibaki and Raila met, shrugging off hard line positions by allies and later in the day, Annan made the famous announcement: "We have a deal."