Secret list: Now Kibaki and Raila sign pact

The Cabinet Committee, which comprises President Kibaki, Mr Odinga and the eight ministers who represented parties to the Kenya National Dialogue and Reconciliation team, also agreed to ensure that any person holding public office or any public servant charged with a criminal offence related to the 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.

President Kibaki and Mr Odinga also committed themselves to ensuring that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.

On the legislative agenda, they agreed to mobilise parliamentary support for the enactment of the Freedom of Information Bill 2008 and take necessary administrative measures to fully operationalise the Witness Protection Act 2008 and the International Crime Act 2008.

They will also initiate urgent and comprehensive reforms of the Kenya Police and the Administration Police, according to the agreement.

The reforms will include a review of all tactics, weapons and use of force as well as the establishment of an independent Police Service Commission to oversee both the Kenya Police and Administration police and an Independent Police Conduct Authority for both the Kenya Police and Administration Police.

A modern Code of Conduct will be created for the Kenya Police and Administration Police and measures will be taken to guarantee the achievement of ethnic and tribal balance in the force.

They also agreed to ensure that the Conflict and Disaster Early Warning and Response Systems as articulated in the First Medium Term Plan (2008 – 2012) are developed and implemented as a matter of priority.

The Waki commission had proposed that if the agreement between Party of National Unity and Orange Democratic Movement is not signed by yesterday, then Mr Annan should forward the list to the International Criminal Court at The Hague.

The commission had also proposed that a special tribunal should be up and running by February 28, next year, or else the names should be handed to the ICC.

However, the Government thinks Mr Annan should hold onto the list as there was goodwill to form the tribunal but MPs who are to make the laws have to go on recess.

It was not clear, however, whether Parliament will be reconvened early in January to pass the law to create the tribunal.

The agreement is divided into six sections dealing with various recommendations among them the establishment of the special tribunal for Kenya, the legislative agenda and reform of regular and administration police.

The other sections deal with public officers and their offices, conflict and disaster early warning response system and how the document shall be implemented.

Six Cabinet ministers, MPs, civil servants and businessmen are among individuals named in the Waki secret list.

The agreement states: “The parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.