25 February 2008
Nairobi — The talks must now assume a serious sense of urgency and conclude a political settlement within this week, mediators were told on a day Party of National Unity (PNU) threw another tantrum over the ongoing mediation.
Earlier, a furious Mr Raila Odinga, the leader of the Orange Democratic Movement (ODM), had spoken of what he described as an attempt to cast him as conspiring to cause confusion at the ongoing talks led by former United Nations chief, Dr Kofi Annan.
"I'm satisfied with the mediation team as currently constituted under the leadership of Annan. I've not tried to bring anyone else on board," the Lang'ata MP said in reference to reports that he had travelled to Nigeria to solicit the intervention of President Umaru Yar'Adua in search of a political settlement out of the post-election impasse.
He added: "The report has caused embarrassment in the eyes of Annan. It (the report) is coming at a very critical stage and gives the impression that I'm undermining the on-going talks."
The report carried in a section of the press (not The Standard) suggested that Raila had unsuccessfully sought an appointment with Yar'Adua.
Momentum appeared to gather on the eve of the resumption of talks this morning when Mr Francis Ole Kaparo, the man who steered Parliament for a record three uninterrupted terms spanning 15 years, broke his silence and jumped into the fray with a sizzling attack on the imperial presidency.
"I would suggest that we introduce the parliamentary system so that Kenyans can be electing their legislators only and leave the head of State to be elected by parliamentarians. If they fight in the House over that, it would be up to them," Kaparo, who blamed an executive presidency for the post-election turmoil, said at Nyeri's Kabiruini showground during the Scouts and Girl Guides founder's day.
PNU reaction
PNU emerged, understandably after high level consultations, to "put the record straight" in what has now become its characteristic style of dealing with issues on the mediation table, but which it perceives as publicly casting it as "ceding too much ground too quickly".
The Government negotiators said no agreement had been reached yet on equal sharing of Cabinet slots with the Opposition in the envisaged Grand Coalition.
Both sides have, however, agreed in principle on the creation of the posts of Prime Minister and two deputies. But it still appears that there is no agreement on the question of the PM's role.
Justice minister Martha Karua said the statement on the "real status of the dialogue process" would allow the team to resume the talks chaired by Annan today without "excess baggage".
Other members of the Government team, Education minister Prof Sam Ongeri, Foreign Affairs minister Moses Wetangula and Mbooni MP Mutula Kilonzo were present.
Mr William Ruto (Eldoret North), Mr Musalia Mudavadi (Sabatia), Dr Sally Kosgei (Aldai) and Mr James Orengo anchor the ODM side in the talks that hope to broker a deal out of the impasse occasioned by a disputed presidential election.
Last week, ODM emerged from a Parliamentary Group meeting and threatened mass action if Parliament is not convened in a week to enact necessary constitutional changes to pave way for the implementation of proposals to end the political stalemate.
"All Kenyans know that the Constitution is itself a problem to democratic change. We need to change it to be in tune with the popular demand for democratic governance in our nation," ODM Secretary-General Prof Anyang' Nyong'o said in reference to PNU's hardline stand that whatever comes out of the Serena talks must be within the realm of the Constitution.
On Sunday, at least two ODM representatives at the talks sounded upbeat and optimistic that the proverbial "white smoke" would be spewing out of the chimneys shortly.
"Take my word. Tell Kenyans that by Wednesday, we shall be through," ODM Pentagon member Ruto said.
His colleague, Ugenya's Orengo, was equally upbeat. He, however, gave a rather cryptic response when asked if the delay was beginning to cause anxiety. "There is a reason why Annan is still around," he said.
On their part, Government negotiators defended the pace of the mediation talks, saying they were satisfied with the progress, given the weighty issues under discussion.
"These deadlines are artificial. But in the end, I think we have done extremely well, given that we have dealt with issues that have taken the country 15 years to agree on, like the Prime Minister's position," Mutula said.
Speaking at a press conference, the PNU negotiators cautioned against a hurried process, saying: "Please allow us time to negotiate the wording of the law which will bring them (agreements) to life. If we do it wrongly, history will judge us harshly".
On whether a deal would be struck by Wednesday as earlier announced, Mutula responded lightly: "There will be some smoke. But what I can't tell you is whether that will be black or white".
The ODM and PNU teams spoke in the wake of growing concerns that a settlement was taking too long to arrive at, with the consequence of heightening anxiety and uncertainty.
"We share the impatience on the expectations of the outcome of the Annan-led talks. We would like to see a consensus between the two parties by the end of the week," Mr Tom Ojienda, president of the East Africa Law Society (EALS), said.
The Kenya National Commission on Human Rights (KNCHR) said it acknowledged the difficult task of brokering a deal out of the impasse but insisted it was time Kenyans were given a solution.
"It is important for leaders to display their statesmanship and prevail upon their respective teams to move quickly and come up with a solution," said Commissioner Omar Hassan Omar.
Pentagon member Mrs Charity Ngilu said a deal to end the crisis should be reached quickly to ease tensions.
"Kenyans voted overwhelmingly for the government of their choice and should not be denied a chance to see their dream come true," said the Kitui Central MP, adding that the proposed grand coalition should be crafted in a "just and fair manner" with ODM and PNU sharing Cabinet slots according to their parliamentary strength.
Nambale MP Mr Chris Okemo said ODM supporters were tired of waiting for a political settlement that seems to be taking 'forever' to arrive at.
The MP added: "We want a solution now but our PNU colleagues seem to be wasting time."
His Vihiga counterpart Mr Yusuf Chanzu said a solution should be reached by Tuesday to avert fresh mass protests.
Saboti MP, Mr Eugene Wamalwa, said a political settlement should be reached this week to enable people return to their daily activities.
But a cross-section of pro-government MPs cautioned against rushing mediators into announcing a quick fix to the political crisis.
Legislators Mr Peter Gitau (Mwea), Mr Erastus Mureithi (Ol-Kalou) and Mr Emilio Kathuri (Manyatta), speaking separately, said exerting pressure on the team would not augur well for negotiations.
The Council of Imams and Preachers of Kenya (CIPK) proposed that the talks be concluded this week, a view not shared by the Supreme Council of Kenya Muslims (Supkem).
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