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.
They say the Witness Act is too weak to protect those who would give
evidence and that corruption and impunity would rule – there would be
horse- trading among politicians. The solution? Let The International
Criminal Court take over.
Those pushing for reforms – with the support of civil society – argue
that the local tribunal would lead to stability and peace and trust in
local courts. They believe the ICC cannot handle all cases and only a
local tribunal could deter future atrocities.
Even though Mr Annan has warned that he would not hold on to the
envelope containing names of suspects indefinitely, and the ICC
declared its readiness to step in should the government fail to
establish the local tribunal, MPs have reiterated their determination
to defeat the tribunal bills.
Another dimension is the push for fresh negotiations of the National
Accord which the PNU side has rejected. Both PNU and ODM have accused
Mr Annan of attempting to dictate to the coalition government.
Vice-President Kalonzo Musyoka told the former UN secretary-general to
let the government handle the challenges ahead of it.
We know that, like any father, he is afraid to let the child go on its
own because it can get hurt. He should be brave enough and let us learn
to crawl, walk and run a bit and prove that we are capable of running,
the VP said.
But as Hans Corell, a former UN legal adviser, said, Mr Annan is keen
on Kenya because the daily news about the coalition is more that a
little disturbing.
This is why it may not be possible to put the reforms in place without
external pressure. For Mr Annan, the National Accord was a road map
pointing the way to a peaceful General Election in 2012.
Daily Nation
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