Annan’s team in crucial talks over PM’s role

Government and ODM negotiators in the Kofi Annan-led talks were Wednesday evening on the verge of reaching agreement on the creation of a prime minister’s post. But they were yet to agree on exactly what powers and responsibilities the holder of the office should have. Although the details of the position were yet to be worked out, it heralded the beginning of softening of hard-line positions that the two sides have taken since former UN secretary-general Kofi Annan embarked on the mediation process on January 29.

Sources close to the National Dialogue and Reconciliation Committee, which Mr Annan chairs, revealed that both Government and ODM sides had agreed on the need to create the premier’s post as part of the political settlement. It is understood that the resolution was made by the four-member working group of the mediation team appointed on Tuesday to explore the options of governance structures that could be acceptable to both sides.

It is perhaps on the strength of the agreement that the chief mediator issued a statement in the evening assuring Kenyans that the talks to end the political conflict were on track. “Despite discouraging reports prompted by statements from one side or the other, the chair (Mr Annan) wishes to assure the public that the talks are going on well and we are on track,” he said in a statement issued by his spokesman, Mr Nasser Ega-Musa, at Serena Hotel Wednesday evening.

Later Wednesday, however, Mr Annan directed the PNU/Government and ODM negotiating teams to agree on structures of proposed coalition government by Thursday. A source at the talks said the negotiators were to work on a formula, giving functions of a proposed prime minister’s position and powers. Mr Annan is said to have insisted on the urgency of arriving at short-term solutions to problems facing the country by latest Friday.

The issues include addressing the crucial solution to the disputed presidential election results which sparked riots across the country. Mr Annan had set a deadline of 15 days, from January 29 when the talks started, for the negotiators to strike a deal on short-term solutions. It is upon the completion of short-term solutions that the negotiators are to embark on long-term ones which include legal, land and constitutional reforms, within a year.

Former Tanzanian President Benjamin Mkapa, who is a member of the African Union appointed Eminent Persons of Africa led by Mr Annan and which is spearheading the negotiations, re-joined it at 8pm after taking a short break. Mr Annan’s directive followed hardline positions by some of the negotiators that had threatened to derail the discussions as anxiety grew locally and internationally over progress of the talks.

Members of the mediation team William Ruto and Mutula Kilonzo exuded confidence and determination that the talks were progressing well as they emerged from the meeting at 11am and at 4.57pm.

“We are progressing well and we intend to burn the midnight oil to reach an agreement,” said Mr Ruto. On his part, Mr Kilonzo commented: “We are doing well.”

The working group comprising Cabinet minister Martha Karua and Mr Kilonzo from the Government side, and Mr Ruto and Ugenya MP James Orengo on the ODM side, was set up on Tuesday at the direction of Mr Annan.

The team, which is being assisted by former Swedish Judge Hans Correll, was tasked to transform the political deals struck during its sessions into legal terms that will be accepted by the Government and ODM.

Wednesday’s agreement on the creation of the Prime Minister’s post came a day after President Kibaki, for the first time, gave an indication on the kind of political deal he will accept.

Meanwhile, ODM threatened mass action if Parliament is not recalled within a week to debate proposed legal and constitutional changes to entrench the new government structures to be agreed upon at the talks. The statement was issued after an ODM parliamentary group meeting.

Mr Annan later warned parties against making statements that could jeopardise the talks. Mr Annan said his staff would monitor media reports of utterances by political parties to keep track of what could harm the talks.

Government MPs were also meeting under President Kibaki’s chairmanship late Wednesday night.
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In a statement issued through the Presidential Press Service, President Kibaki said there is no constitutional vacuum in the country

Any agreement based on structures outside the constitution will be sending dangerous precedence, he said, but reaffirmed his commitment to the success of the talks.

He also called on leaders to stop inciting Kenyans to violence at a time mediation talks are under way.

President Kibaki said he cared for the welfare of Kenyans and was ready to work even with those who competed against him because of this.

“We all want a peaceful Kenya, so let us all agree on a common agenda for our country. This is the reason I want us to work with even those we competed with in the last general elections,” said the President.

On Wednesday, it was said the working group had agreed — in principle — on the creation of the PM’s post as part of the governance structure. The working group reported their resolutions to the whole mediation team in the afternoon and later met in the evening to fine-tune some of the issues that had not been specified.

Among the issues the two sides failed to agree on was whether the PM will have executive powers or not.

Others touched on its constitutionality and the time within which it will be created.

We learnt that the Government side pushed for a non-executive PM post to be created through a Statute — an Act of Parliament. This, they said, was provided for under Section 16 of the Constitution, which allows the President to name members of his Cabinet from among MPs.

The Government said the position should be created in 12 months as there were a raft of adjustments in the governance structure that will come along with the new rank.

Meanwhile, incoming AU Commission chairperson Jean Ping will make a two-day official visit to Kenya from Thursday.

He is scheduled to arrive at 10 am. He will meet with mediation team leader Kofi Annan and members of the Panel of African Eminent Persons as well as the negotiating teams to receive briefs on the progress of the talks.
Daily Nation

Posted by on 02/21 at 08:17 AM

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