Karim Anjarwalla
14 January 2008
(Page 2 of 2)
But getting to a political solution requires some clear thinking and a dose of realpolitik on all sides. President Kibaki must now understand that to be president of Kenya he must be seen not as a tribal chief but as a leader of the vast majority, across tribal lines.
President Kibaki will remain president unless he is legitimately removed, chooses to resign or loses a subsequent election following a vote of no-confidence. Raila Odinga must, in the interest of national cohesion, accept this.
Raila Odinga believes that a conventional election petition is unlikely to achieve a political solution. In this, he is probably right. The state of Kenya's judiciary and the overriding influence of the executive in judicial decision-making would suggest that any reference to the judiciary could be politically compromised. In any case, there is substantial legal uncertainty about whether an election petition is the appropriate method of challenging the ECK's failings.
PRESIDENT KIBAKI KNOWS OR SHOU-ld know all this but it is convenient for him to pretend otherwise. Any attempt through any means to recount and re-tally will simply cause further chaos, with allegations and counter-allegations and no meaningful resolution.
President Kibaki and Raila Odinga have one legitimate choice open to them, in the interests of national cohesion and in order to arrest a slide into anarchy. Fresh elections must be held within a pre-agreed period and within a short period of time, not exceeding one year.
These elections must be conducted by a new ECK, assisted by neutral foreign election monitors. Such a political settlement can be recorded in a framework agreement under the auspicies of the international community and, in particular, those working to a mediated solution, such as the AU, the EU and the US.
Karim Anjarwalla is a leading corporate lawyer in Nairobi.
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