Why Annan has renewed interest in Kenya

By Wahome Thuku and Rawlings Otieno

Concern over Kenya’s preparedness for the March 4 elections dominated talks between Chief mediator Kofi Annan and top Government officials.

Former Tanzania President Benjamin Mkapa accompanied Annan. The two are members of the African Union Panel of Eminent Persons that helped mediate an end to the 2008 post-election violence.

And they shared a busy schedule that saw Dr Annan hold meetings throughout the day to take stock of the progress in the countdown to the polls.

Annan and Mkapa arrived in the country on Sunday and met independent commissions, State organs, and officials, who are key to the implementation of the Constitution and preparation for the General Election.

Significant also was Annan’s meeting with Chief Justice Willy Mutunga, who will swear-in Kenya’s fourth President. Dr Mutunga also heads the Supreme Court that will resolve any disputes over the presidential ballot.

And it was thumbs-up for Mutunga after Annan, the former UN Secretary General, expressed his satisfaction with the work of the Judiciary since the former civil rights lawyer was appointed.

Annan first met the CJ at his Supreme Court offices in Nairobi, then went into a closed-door meeting with the Independent Electoral and Boundaries Commission (IEBC) led by Chairman Ahmed Isaack Hassan at the Serena Hotel, where talks to end post-poll chaos took place in 2008.

The UN chief is said to have sought briefing on IEBC’s preparedness ahead of the polls that will guarantee a free, fair and transparent General Election.

Sources further said Annan was firm on the IEBC team whom he reminded that the burden of credible elections is in their hands, and that they would bear full responsibility in the event poll bungling.

And immediately the IEBC team finished talks with Annan they went straight into another meeting with members of the European Union who were in the same hotel, but in a different room.

Met ministers

Annan then met with Lands Minister James Orengo and his Cabinet colleagues Sally Kosgei, Amason Kingi, and Wycliffe Oparanya. Kosgei and Orengo represented the ODM wing of the 2008 inter-party team that negotiated the power sharing deal signed by President Kibaki and Prime Minister Raila Odinga to end post-election violence.

Conspicuously missing was Foreign Affairs minister Sam Ongeri, his counterpart Education Minister, Mutula Kilonzo, and Gichugu MP Martha Karua, who represented the Party of National Unity in the peace talks.

Orengo told The Standard their discussions centered on the implementation of the Agenda Four reforms that were put in place when the Grand Coalition Government came in.

“We have been having a meeting mainly on the General Election. We are looking at where we are as a nation,” said Orengo.

Apart from IEBC’s preparedness, the implementation of the Agenda Four was revisited, with concerns raised over rising unemployment and resettling of the internally displaced.

Annan and Mkapa also met members of the Commission for Implementation of the Constitution led by Charles Nyachae at the same venue.

Sources told The Standard they team wanted to know what legislation has been been passed by Parliament and pending Bills in the run-up to the polls. The issue of the stalled talks by MPs on resolving one-third gender rule hurdle also came up.

At the Supreme Court, Annan hailed reforms being undertaken by the Judiciary, saying they would restore public confidence. Lack of confidence in the Judiciary was a factor that aggravated post-election chaos.

Changes in the Judiciary were prioritised in Agenda Four of the Kenya National Dialogue and Reconciliation Agreement brokered by the AU Panel of Eminent Persons.

ICC trial

The rejection by MPs of a Motion seeking to have the Government set up a local tribunal to try suspects of the post-election chaos prompted Annan to hand over names of alleged key perpetrators to the International Criminal Court (ICC), which then initiated its own investigations and indicted six suspects.

Four people, among them presidential aspirants Uhuru Kenyatta, and William Ruto, former Head of the Public Service, Francis Muthaura, and radio executive, Joshua arap Sang, are awaiting trial by the ICC beginning on April 10, next year.

A case has been filed in the High Court seeking to block Uhuru and Ruto from running for State House based on Chapter Six of the Constitution on the integrity.

On Tuesday Annan received a copy of the transformation framework and a report on the elections preparedness by the Judiciary.

He said although he hoped the reconciliation programme would have been faster, the Panel he heads is confident the Truth Justice and Reconciliation Commission will complete its work.

“The responsibility is for Kenyans to ensure that constitutional reforms are completed and we hope that politicians support judicial reforms,” added the former Tanzania President.