Reforms at centre of accord

The historic signing of the National Accord by President Kibaki and Prime Minister Raila Odinga was supposed to herald a new beginning for Kenya. It was supposed to give the country the opportunity to institute far-reaching reforms to avoid the chaos that followed the bungled 2007 General Election.

The violence resulted in the death of more than 1,000 people, with 350,000 others being rendered homeless. But with the signing of the accord, brokered by former UN secretary-general Kofi Annan, the stage was set for massive reforms as outlined under Agenda Four.

They included constitutional, legal, institutional and land reforms; tackling poverty, inequity and unemployment; and consolidation of national unity. The government was also to ensure transparency and accountability; and end impunity.

The Kriegler and Waki commissions were set up to look into flaws in the country’s electoral process and the poll chaos that erupted. The Waki Commission appears to have caught the country’s attention more, with its radical recommendation that those bearing the greatest responsibility of the post-election violence be handed over to International Criminal Court (ICC) if the government fails to establish a local tribunal.

The threat of ICC prosecution appears to have motivated the government to draft the Special Tribunal Bill that would have paved way for the establishment of a local court to prosecute financiers and planners of the poll chaos. Despite both the President and PM signing an agreement that would pave way for the establishment of a local process, Parliament rejected the Bill in January this year.

Most of the MPs insisted that the suspects be taken to The Hague to stem the culture of impunity in Kenya. They raised fears that the special tribunal to be formed would not meet international standards. The defeat meant that Parliament could not beat the March 1 deadline that had been set by the Waki report to have the tribunal set up.

The government, through Mr Odinga, sought additional time as they made a second and last ditch attempt to have a local tribunal established. Mr Annan granted their request and extended his deadline to May, then August.

Rejected Bill

The government, through Justice minister Mutula Kilonzo amended sections of the rejected tribunal Bill. No official was immune from prosecution after the changes were made. The draft Bill also stripped the President of his powers to pardon any person found guilty by the tribunal. But Cabinet resolved to reject the Bill and instead to reform the local courts and the police to enable them to investigate the violence.

With all hopes of establishing a local tribunal now dashed, Mr Annan handed over the list to the ICC. Later, the government announced its readiness to cooperate with the ICC. Mr Ocampo responded, saying he would make Kenya an “example on managing violence”.