Author: Office of the African Union (AU) Panel of Eminent Personalities
Publisher: African Union
Reviewer: Odhiambo Orlale
Photo: Odhiambo Orlale
As Kenyans, especially presidential aspirants, barely a year to the 2022 general elections and with all the cacophony that goes with it, there is a book that is a must-read for lessons on how not to do politics.
Back from the Brink – the 2008 Mediation Process and Reforms in Kenya is an easy-to read 309-page book which describes the remarkable intervention of the Panel of Eminent Persons (PEP), who included former United Nations Secretary of State Kofi Annan, former South African First Lady Ms Graca Machel and former Tanzanian President Benjamin Mkapa.
The trio were asked to mediate as Kenya was literally burning after the controversial 2007 general elections pitting President Mwai Kibaki’s Party of National unity (PNU) and Raila Odinga’s Orange Democratic Party (ODM), create conditions for peace, and negotiate a political settlement that would tackle the root causes of conflict, mend Kenya’s failing institutions and reduce its profound inequalities.
One of the most controversial statements after the chairman of the Electoral Commission of Kenya (ECK), Samuel Kivuitu, announced and declared PNU’s Kibaki as the victor, which was followed by a night swearing-in ceremony at State House Nairobi, was his controversial response to KTN’s Bonny Odinga on who had won the polls.
“I don’t know who won the presidential elections!” is what the ECK boss said authoritatively leading to further flare up of the post-election violence (PEV).
Clueless ECK Boss
Back from the Brink was published in 2014 and names those who were in the 2008 negotiation teams from PNU side as former cabinet ministers Martha Karua, Dr. Sam Ongeri, Mutula Kilonzo and Moses Wetangula.
ODM was represented by former cabinet ministers Musalia Mudavadi, William Ruto, Dr. Sally Kosgei and James Orengo.
Fast forward to August 2021, one year to the next polls. Candidates for the 2022 presidential elections include Deputy President Ruto; former Vice Presidents Mudavadi and Musyoka, former Prime Minister Odinga, and former cabinet ministers Wetangula and Mukhisa Kituyi.
Ironically, Uhuru and Raila, who had contested against each other in 2013 and 2017 presidential elections, have since buried their differences following the famous “handshake” and have been working together as Ruto, feel sidelined.
Narc Kenya chairperson and former powerful Constitutional Affairs minister, Karua vied in 2017 and lost to the incumbent Uhuru, who is serving his second and last five-year-term. Indeed, since Back from the Brink was published in 2014, a lot of water has passed under the bridge. One of them is that six post-election violence suspects were named and taken to the International Court of Justice (ICC) where they were arraigned, charged, case heard and all were later acquitted.
The six are President Uhuru Kenyatta, former cabinet ministers Henry Kosgei and William Ruto. The other co-accused were Francis Muthaura (Head of Civil Service and Secretary to the Cabinet), Mohammed Ali (Former Police Commissioner) and Joshua arap Sang (Kass FM radio presenter)
Ocampo Six
Over 1,300 people were killed in the worst post elections violence in the country’s history which also left over 600,000 others displaced and maimed as the country’s economy was brought down to its knees.
Another major historical event since the 2008 PEV has been the recent High Court and Court of Appeal ruling declaring as “illegal and unconstitutional” attempts by President Kenyatta and Odinga to amend the 2010 Constitution through the Building Bridges Initiative (BBI).
With the advantage of an insider’s account, Back from the Brink describes how the PEPs deployed their diplomatic and peace-making skills to stop the bloodshed, and how, from 2008 to 2013, Annan, Machel and Mkapa remained deeply engaged in Kenya’s efforts to build a durable peace.
The authors dedicated the book to the victims of the violence and for those who continue to fight for sustainable peace, stability and justice in Kenya through the rule of law and respect for human rights.
Annan says in the foreword: “In January 2008, when I responded to Ghanaian President John Kufuor’s personal appeal to lead a Panel of Eminent African Personalities to help mediate Kenya’s post elections crisis, I could not possibly have conceived that I would still be so involved in Kenya some five years later.”
According to the former UN secretary general, his deep engagement with Kenya turned into “a labour of love – love for the Kenyan people and fervent desire to see them achieve an enduring peace and prosperity through the rule of law and respect for human rights.”
“This book does not purport to ‘set the record straight’ on the panel’s role in Kenya, as if it were to be the final word on the subject,’’ Annan clarifies. At the same time it aims to inject fresh perspectives on the mediation and its implementation between 2008 and 2013.
Labour of Love
Indeed, the chair of the Panel noted that most critically, the book seeks to draw out the lessons learnt from the entire period with a view to making them accessible to students, academics and practitioners alike, and for possible replication in other situations where mediation is being undertaken.
“My hope is that as the book answers the reader’s questions, it will also engender many more – about Kenya and the prospects of peace, prosperity and democracy in Africa in general, ” Annan says.
The book has 13 chapters which focus on The Crisis; International Response and Mediation; Concluding the Mediation and Facilitating Implementation. The other chapters are on The Grand Coalition Government; Reforming the Management of Elections in Kenya; Accountability for PEV; The Truth Justice and Reconciliation Commission; The Journey to a New Constitution; Fruits of a New Constitution; Judicial Reform and Human rights; The Security Sector; The Electoral boundaries Commission; and Drawing Lessons from the Kenya Media Process.
In his memoirs, Interventions, the former UN Secretary General says in a parting shot: “If we had brokered only a deal between leaders, our intervention would have been a plaster on a wound that would weep again tomorrow. We had to look, in the truest sense of the word, for a resolution.
“A peaceful, stable Kenya was one that could be through responsible, accountable leadership, a culture of respect for human rights, institutions of governance, fairer distribution of wealth and power, and most importantly, the sanctity of the rule of law. Kenya’s future relies on this.
“Whether it will achieve these things remains to be seen, but it has pointed itself in a direction that all of Africa must take.”
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