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Backfrom Thebrink 80 mm 166 mm 32 mm 166 mm 80 mm Back from the Brink: The 2008 Mediation Process and Reforms in Kenya Reforms and Process Brink: the The from 2008Back Mediation Back from the Brink was written In December 2007, following a by the Liaison Office that bitterly disputed presidential supported the African Union Panel election, violence rippled out across of Eminent African Personalities Kenya, exposing entrenched ethnic from its arrival in January 2008 to divisions fuelled by social and the end of 2013. economic exclusion, corruption, and winner-takes-all politics. The authors draw on daily observations of the post-election This book describes the remarkable crisis, primary records of the intervention of the Panel of mediation, and subsequent efforts Eminent African Personalities. to implement the reform plan to Convened by the African Union which the KNDR (Kenya National while violence was still spreading, Dialogue and Reconciliation) Kofi Annan, Graça Machel and gave rise. “If we had brokered only a deal between leaders, our Benjamin Mkapa were asked to intervention would have been a plaster on a wound mediate between the parties, create The perspectives of the Panel that would weep again tomorrow. We had to look, the conditions for peace, and 245 mm245 members, and individuals closely in the truest sense of the word, for a resolution. negotiate a political settlement that associated with the process, bring would tackle the root causes of to life this extraordinary story of A peaceful, stable and prosperous Kenya was one that conflict, mend Kenya’s failing intervention and political could be delivered only through responsible, accountable institutions and reduce its profound transformation. leadership, a culture of respect for human rights, inequalities. institutions of good governance, fairer distribution of Back from wealth and power, and most importantly, the sanctity of With the advantage of an insiders’ the rule of law. Kenya’s future relies on this. Whether it account, Back from the Brink will achieve these things remains to be seen but it has the describes how the Panel deployed their diplomatic and peace-making pointed itself in a direction that all of Africa must take.” Brink skills to stop the bloodshed, and Kofi Annan from his memoirInterventions how, from 2008 to 2013, Annan, THE 2008 MEDIATION PROCESS Machel and Mkapa remained AND REFORMS IN KENYA deeply engaged in Kenya’s efforts to build a durable peace. The Office of the AU Panel of Eminent African Personalities Front cover photo: Gallo Images/Getty Images/Bloomberg Back cover photo left: Gallo Images/AFP Back cover photo right: Gallo Images/Reuters Foreword by Kofi A. Annan 80 mm 166 mm 32 mm 166 mm 80 mm Back from the Brink: The 2008 Mediation Process and Reforms in Kenya Reforms and Process Brink: the The from 2008Back Mediation Back from the Brink was written In December 2007, following a by the Liaison Office that bitterly disputed presidential supported the African Union Panel election, violence rippled out across of Eminent African Personalities Kenya, exposing entrenched ethnic from its arrival in January 2008 to divisions fuelled by social and the end of 2013. economic exclusion, corruption, and winner-takes-all politics. The authors draw on daily observations of the post-election This book describes the remarkable crisis, primary records of the intervention of the Panel of mediation, and subsequent efforts Eminent African Personalities. to implement the reform plan to Convened by the African Union which the KNDR (Kenya National while violence was still spreading, Dialogue and Reconciliation) Kofi Annan, Graça Machel and gave rise. “If we had brokered only a deal between leaders, our Benjamin Mkapa were asked to intervention would have been a plaster on a wound mediate between the parties, create The perspectives of the Panel that would weep again tomorrow. We had to look, the conditions for peace, and 245 mm245 members, and individuals closely in the truest sense of the word, for a resolution. negotiate a political settlement that associated with the process, bring would tackle the root causes of to life this extraordinary story of A peaceful, stable and prosperous Kenya was one that conflict, mend Kenya’s failing intervention and political could be delivered only through responsible, accountable institutions and reduce its profound transformation. leadership, a culture of respect for human rights, inequalities. institutions of good governance, fairer distribution of Back from wealth and power, and most importantly, the sanctity of With the advantage of an insiders’ the rule of law. Kenya’s future relies on this. Whether it account, Back from the Brink will achieve these things remains to be seen but it has the describes how the Panel deployed their diplomatic and peace-making pointed itself in a direction that all of Africa must take.” Brink skills to stop the bloodshed, and Kofi Annan from his memoirInterventions how, from 2008 to 2013, Annan, THE 2008 MEDIATION PROCESS Machel and Mkapa remained AND REFORMS IN KENYA deeply engaged in Kenya’s efforts to build a durable peace. The Office of the AU Panel of Eminent African Personalities Front cover photo: Gallo Images/Getty Images/Bloomberg Back cover photo left: Gallo Images/AFP Back cover photo right: Gallo Images/Reuters Foreword by Kofi A. Annan from the Back Brink THE 2008 MEDIATION PROCESS AND REFORMS IN KENYA from the Back Brink THE 2008 MEDIATION PROCESS AND REFORMS IN KENYA Office of the AU Panel of Eminent African Personalities Foreword by Kofi A. Annan About the Authors This book was written by members of the Coordination and Liaison Office of the Panel of Eminent African Personalities. The work was overseen by Ambassador Nana Effah-Apenteng and the text was drafted by G. Justin Jepson, Neha Sanghrajka, and Jimmy Ochieng. Martin Griffiths wrote the final chapter. Support was also provided by Leonard Obonyo and John Omondi. Copyright © African Union All Rights Reserved The views expressed in this publication are those of the authors and do not necessarily reflect the views of the Panel of Eminent African Personalities or the African Union. Applications for permission to reproduce or translate all or any part of this publication should be made to: The African Union Commission Map © Shutterstock.com This book is dedicated to the victims of the post-election violence and those who continue to fight for sustainable peace, stability and justice in Kenya through the rule of law and respect for human rights. Contents List of Acronyms ix Foreword by Kofi Annan xiii Acknowledgements xv Introduction 1 Chapter One: The Crisis 7 Chapter Two: International Response and the Mediation 19 Chapter Three: Concluding the Mediation and Facilitating Implementation 47 Chapter Four: The Grand Coalition Government 61 Chapter Five: Reforming the Management of Elections in Kenya: IREC 83 Chapter Six: Accountability for Post-Election Violence 101 Chapter Seven: The Truth, Justice and Reconciliation Commission 123 Chapter Eight: The Journey to a New Constitution 143 Chapter Nine: Fruits of a New Constitution 163 Chapter Ten: Judicial Reform and Human Rights 185 Chapter Eleven: The Security Sector 199 Chapter Twelve: The Electoral Boundaries Commission and the 2013 General Election 215 Chapter Thirteen: Drawing Lessons from the Kenya Mediation Process 231 CONTENTS Annexes 245 Annex One: Structure and Terms of Reference of the Panel of Eminent African Personalities 247 Annex Two: Modalities for the Kenyan National Dialogue and Reconciliation 251 Annex Three: Annotations to the Suggested Agenda 253 Annex Four: Agreed Statement on Security Measures 257 Annex Five: Annotated Agenda and Timetable for the Kenya National Dialogue and Reconciliation 261 Annex Six: Agreed Statement on Measures to Address the Humanitarian Crisis 265 Annex Seven: Agreed Statement on How to Resolve the Political Crisis 269 Annex Eight: Agreement on the Principles of Partnership of the Coalition Government 275 Annex Nine: The National Accord and Reconciliation Act 279 Annex Ten: Independent Review Committee 283 Annex Eleven: Commission of Inquiry on Post-Election Violence 287 Annex Twelve: Truth, Justice and Reconciliation Commission 291 Annex Thirteen: Longer-Term Issues and Solutions: Constitutional Review 295 Annex Fourteen: Statement of Principles on Long-term Issues and Solutions with Implementation Matrix 297 List of Acronyms 4Cs Citizens Coalition for Constitutional Change AACC All Africa Conference of Churches AfriCOG Africa Centre for Open Governance AGLI/FCPT Africa Great Lakes Initiative and Friends Church Peace Teams AMP Adversely Mentioned Person ANC African National Congress AP Administration Police APRM African Peer Review Mechanism AU African Union AU-EOM African Union Election Observation Mission BVR Biometric Voter Registration CAJ Commission on Administrative Justice CCP Concerned Citizens for Peace CDU Central Depository Unit CIC Commission for the Implementation of the Constitution CID Criminal Investigations Directorate CIOC Committee for the Implementation of the Constitution CIPEV Commission of Inquiry into Post-Election Violence CKRA Constitution of Kenya Review Act CKRC Constitution of Kenya Review Commission CLO Coordination and Liaison Office CMP Conflict Management Panel CoE Committee of Experts COG Commonwealth Observer Group COMESA Common Market for Eastern and Southern Africa CORD Coalition for Reform and Democracy CRA Commission on Revenue Allocation CRECO Constitutional Reform and Education Consortium CSO Civil
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