Every Kenyan prayed that the mediation mission of OAU Chairman and Ghanaian President, H.E.John Kufuor, would succeed and bring to an end the electoral crisis that has torn our country apart. But Mr. Kibaki turned down the framework agreement that was presented to him at his last meeting with President Kufuor.
ODM was committed to this mediation process and had dropped all pre-conditions to facilitate the negotiation. We had also called off our planned rallies in order to create a conducive atmosphere for serious deliberations. But it is patently obvious that we do not have a partner to negotiate with.The government, on the other hand, largely undermined the Kufuor mission from the outset, with government ministers repeatedly saying no mediation was needed since there was no problem in the country.
Mr. Kibaki's final slap in the face of the mission was his hurried appointment of the Cabinet just as President Kufuor's plane landed. Mr. Kibaki has no interest in any mediated settlement since he knows the truth about the election outcome will be known.
In the interest of transparency and hopefully accountability, we present the framework agreement drawn up by two parties that Mr. Kibaki did not sign. Kenyans can determine for themselves whether it is Mr. Raila Odinga or Mr. Mwai Kibaki who stood in the way of a negotiated way out of the gravest crisis that our country has ever experienced.
Principles of Agreement
"His Excellency Hon Mwai Kibaki and Hon Raila Amolo Odinga, being committed to the maintenance of the rule of law and to sustenance of democratic governance in the Republic of Kenya,
AND BEING CONCERNED with the violence, the loss of lives and property following the pronouncement of the presidential election results, commit ourselves to a speedy resolution of the unfolding events to ensure that our great Nation returns to stability".
Numerous issues have arisen in connection with the conduct of the Electoral Commission of Kenya including the tallying, compilation and declaration of the presidential election result. Voters on both sides feel aggrieved and concerned.
Numerous issues have arisen in connection with the conduct of the Electoral Commission of Kenya including the tallying, compilation and declaration of the presidential election result. Voters on both sides feel aggrieved and concerned.
We confirm our commitment to address all the issues arising from or connected to the presidential elections through a process .
which:-
1.
(i) shall be credible, independent and impartial,
(ii) shall not be subject to control by either party, and
(iii) whose findings and recommendations we agree to be bound by.
2. The issues to be determined through the process shall include:
(i) To inquire into the conduct of the ECK and the role of the observers in the conduct of the presidential elections including the declaration of results.
(ii) The composition of ECK and remedial action which may be undertaken to ensure its independence, impartiality, capacity and effectiveness in discharge of its constitutional and statutory mandate.
(iii) To identify measures that will help to restore and sustain voter confidence in Kenya's electoral process.
(iv) To look into the circumstances leading to the declaration of presidential election results and determine whether it is necessary to carry out a rerun of the presidential elections, and if so, provide the time-frame and modalities of carrying out such elections
(v) To make recommendation on the structure of government pending the conduct of the presidential re-run or otherwise.
(vi) We agree that a credible process acceptable to all Kenyans will be carried out by a panel of eminent African persons.
The panel will make such recommendations as are necessary to resolve the issues and concerns arising from or connected to all the referred matters.
The panel shall make their findings and recommendations within 30 days of the date of execution of this agreement, which findings and recommendations shall be binding on both parties.
Pending resolution of the outstanding problems, all Kenyans should refrain from acts of violence and maintain law and order and all internal security agencies will be required to act in accordance with the law.
In the interim, there shall be a coalition government whose composition shall be agreed upon on the basis of equal representation both in numbers and portfolio with the prior approval and endorsement by the perspective sides.The strategies and programmes of such government shall be subject to agreement of both sides.
We, the undersigned, solemnly undertake to procure Members of Parliament supporting our respective parties to enact such legislation, whether statutory or constitutional, as may be necessary to facilitate the implementation of the recommendations and of above matters if and where required.
To be signed by:
H.E. Hon Mwai Kibaki
Hon. Raila Amolo Odinga
Witnessed by:
H.E. Hon John Kufuor, President of Ghana and Chairman, African Union
AND ALSO by:
Adam Wood, British High Commissioner;
H.E. Mike Ranneberger, Ambassador, USA;
H.E. Elisabeth Barbier, French Ambassador and Local President, European Union
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