VZCZCXRO9577
OO RUEHROV
DE RUEHNR #0370/01 0360829
ZNR UUUUU ZZH
O 050829Z FEB 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4554
RUCNIAD/IGAD COLLECTIVE
RUEHDS/AMEMBASSY ADDIS ABABA 9875
RUEHDR/AMEMBASSY DAR ES SALAAM 5765
RUEHDJ/AMEMBASSY DJIBOUTI 5092
RUEHKM/AMEMBASSY KAMPALA 2603
RUEHKH/AMEMBASSY KHARTOUM 1871
RUEHLO/AMEMBASSY LONDON 2635
RUEHFR/AMEMBASSY PARIS 2569
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA

UNCLAS SECTION 01 OF 05 NAIROBI 000370 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: KENYA'S ELECTORAL CRISIS: PNU AND 
ODM AGREE AGENDA AND TIMETABLE FOR FURTHER 
NEGOTIATIONS 
 
¶1.  Summary: The Party of National Unity 
(PNU) and the Orange Democratic Movement 
(ODM) agreed a framework for further 
negotiations to resolve Kenya's electoral 
crisis. The parties signed several 
documents, all of which were witnessed by 
former UN Secretary General Kofi Annan in 
his capacity as mediator on behalf of the 
African Eminent Leaders. 
 
¶2. The parties issued the following Joint 
Statement. 
 
Begin text. 
 
JOINT STATEMENT BY THE KENYAN NATIONAL 
DIALOGUE AND RECONCILIATION 
 
At its third session held on 1 February 
2008, under the chairmanship of Mr Kofi 
Annan, chairman of the panel of Eminent 
African Personalities, the parties to the 
Kenyan National Dialogue and Reconciliation, 
namely the Government of Kenya/Party of 
National Unity and the Orange Democratic 
Movement, agreed on the agenda and timetable 
for the talks. 
 
The agenda contains the following items: 
Immediate Action to Stop Violence and 
Restore Fundamental Rights and Liberties; 
Immediate Measures to Address the 
Humanitarian Crisis, Promote Reconciliation, 
Healing and Restoration; How to Overcome the 
Current Political Crisis; and Long-Term 
Issues and Solutions. 
 
The parties also agreed on a joint public 
statement reflecting the agreements reached 
on specific actions to address agenda item 
number 1 (Immediate Action to Stop Violence 
and Restore Fundamental Rights and Liberties). 
 
These actions include among others 
refraining from irresponsible and 
provocative statements; holding joint 
meetings to promote peace and tranquility 
and demobilizing and disbanding illegal 
armed groups and militia; ensuring freedom 
of expression, press freedom and the right 
to peaceful assembly; the impartial, 
effective and expeditious investigation of 
all cases of crime and police brutality 
and/or excessive use of force; the 
protection and assistance to the safe return 
of all internally displaced persons to their 
homes and places of work. 
 
The parties agreed that the first three 
agenda items would be resolved within 7 to 
15 days from the date the dialogue began on 
29 January 2008. The fourth agenda item 
would be resolved within one year of that 
date. 
 
The parties will resume work on Monday 4 
February, 2008. 
 
End text. 
 
¶3. The parties signed the following Agenda 
and timetable for future talks. 
 
Begin Text. 
 
KENYAN NATIONAL DIALOGUE AND RECONCILIATION 
THROUGH THE MEDIATION OF H.E. KOFI A. ANNAN 
AND THE PANEL OF EMINENT AFRICAN 
PERSONALITIES ON THE RESOLUTION OF THE 
POLITICAL CRISIS 
 
 
NAIROBI 00000370  002 OF 005 
 
 
ANNOTATED AGENDA AND TIMETABLE 
 
At the fourth session held on 1 February 
2008 under the chairmanship of Mr. Kofi 
Annan, of the Panel of Eminent African 
Personalities, the Parties to the Kenyan 
National Dialogue and Reconciliation on 
the resolution of the political crisis and 
its root causes, namely the Government of 
Kenya/Party of National Unity and the 
Orange Democratic Movement, agreed on the 
following Agenda for the dialogue: 
 
¶A.   ANNOTATED AGENDA 
 
¶1. IMMEDIATE ACTION TO STOP VIOLENCE AND 
RESTORE FUNDAMENTAL RIGHTS AND LIBERTIES 
Both Parties understand that resolving this 
crisis politically is a matter of immediate 
priority and have reiterated their 
commitment to finding a just and durable 
solution. Discussions on Agenda point 1 will 
be conducted to identify and agree on the 
modalities of implementation of immediate 
action aimed at: 
 
-Stopping the wave of violence that has 
gripped the country since the announcement 
of the results of the Presidential 
Elections; 
 
-Enhancing the security and protection of 
the population and their property; 
 
-Restoring the respect for the sanctity of 
human life; 
 
-Ensuring that the freedom of expression, 
press freedom and the right to peaceful 
assembly are upheld; 
 
¶2. IMMEDIATE MEASURES TO ADDRESS THE 
HUMANITARIAN CRISIS, PROMOTE RECONCILIATION, 
HEALING AND RESTORATION 
 
Discussions will be conducted to identify 
and agree on the modalities of implementation 
of immediate measures aimed at: 
 
-Ensuring that the assistance to the 
affected communities and individuals is 
delivered more effectively; 
 
-Ensuring the impartial, effective and 
expeditious investigation of gross and 
systematic violations of human rights and 
that those found guilty are brought to 
justice; 
 
 
-Ensuring that the processes of national 
healing, reconciliation and restoration 
start at once. 
 
¶3. HOW TO OVERCOME THE CURRENT POLITICAL 
CRISIS 
 
Under this Agenda item, the Parties will 
negotiate and agree on a solution towards 
resolving the political crisis arising from 
the disputed presidential electoral results 
as well as the ensuing violence in Kenya, 
 
The current crisis revolves, in large 
measure, around the issues of power and the 
functioning of state institutions. Its 
resolution may require adjustments to the 
current constitutional, legal and 
institutional frameworks. 
 
¶4. LONG-TERM ISSUES AND SOLUTIONS 
 
NAIROBI 00000370  003 OF 005 
 
 
Poverty, the inequitable distribution of 
resources and perceptions of historical 
injustices and exclusion on the part of 
segments of the Kenyan society constitute 
the underlying causes of the prevailing 
social tensions, instability and cycle of 
violence. Discussions under this Agenda item 
will be conducted to examine and proposed 
solutions for long-standing issues such as, 
inter alia: 
 
-Undertaking constitutional, legal and 
institutional reform 
 
-Tackling poverty and inequity, as well as 
combating regional development imbalances; 
 
-Tackling unemployment, particularly among 
the youth; 
 
-Consolidating national cohesion and unity; 
 
-Undertaking a Land Reform; 
 
-Addressing transparency, accountability and 
impunity. 
 
B)  TIMETABLE 
 
The Parties agreed that Agenda items 1, 2 
and 3 would be resolved within a period of 
between 7 and 15 days from the date of 
commencement of the Dialogue, while Agenda 
item 4 would be resolved within a period of 
one year after the commencement of the 
Dialogue (launched on 28 January 2008) 
 
 
Done in Nairobi, Kenya, on 1 February 2008 
For the Government/PNU Delegation:  Martha Karua 
For the ODM Delegation:  Musalia Mudavadi 
Witnessed by Chairperson: Kofi Annan 
 
¶4. The parties also issued the following Public 
Statement. 
 
Begin text. 
 
Public Statement 
Kenya National Dialogue and Reconciliation 
Mediated by H.E. Kofi Annan and the Panel of Eminent 
African Personalities 
 
Feb 1, 2008 
 
Preamble: 
 
Goal: 
 
To ensure that the National Dialogue and Reconciliation is 
carried out in a continuous and sustained manner towards 
resolving the political crisis arising from the disputed 
presidential electoral results as well as the ensuing 
violence in Kenya in line with the agreement between His 
Excellency Mwai Kibaki and Honourable Raila Odinga as 
publicly announced on 24th January and reaffirmed on 2ffh 
January 2008 at County Hall in Nairobi. 
 
The final goal of the National Dialogue and Reconciliation 
is to achieve sustainable peace/ stability and justice in 
Kenya through the rule of law and respect for human rights. 
 
Noting with concern the situation of insecurity in the 
country; 
 
We need to take the following steps to immediately halt the 
violence: 
 
¶1.  To the Police: 
 
a. The police must act in accordance with the Constitution 
 
NAIROBI 00000370  004 OF 005 
 
 
and the law and in particular the Police Act and the Force 
Standing Orders. While the police are entitled to use 
reasonable force to protect vulnerable populations and in 
case of self defence, live bullets must not be used on 
unarmed civilians in unjustifiable circumstances. 
 
b. The security forces must carry out their duties and 
responsibilities with complete impartiality and without 
regard to ethnicity, political persuasion, or other 
partisan consideration. 
 
c. The deployment of the security agents must at all times 
promote and reflect national integration and harmony. 
 
d. In order to harmonise security activities at all levels, 
there is a need for the cross flow of information between 
administrative units and the leadership at every level. 
 
¶2. To the Public: 
 
a. All leaders should embrace and preach the peaceful 
coexistence of all communities and refrain from 
irresponsible and provocative statements. 
 
b. Mobilise local community, religious, political, business 
and civil society leaders to hold joint meetings to promote 
peace and tranquility and stand up for justice and 
fairness. 
 
c. All Kenyan citizens should stop acts of violence. 
 
d. All illegal armed groups and militias should be 
demobilized and disbanded. 
 
e. We appeal to all youths throughout the country not to 
participate in acts of lawlessness particularly those 
leading to harm or loss of human life and destruction of 
property. 
 
f. We call upon the victims and those affected by violence 
to exercise restraint and avoid any acts of revenge or 
retaliation. 
 
¶3.  As to the restoration of fundamental riqhts and civil 
liberties: 
 
a.  Ensure that the freedom of expression, press freedom 
and the right to peaceful assembly are upheld. A suitable 
code of conduct on live coverage broadcasts, should be 
developed promptly by the Media Council in consultation 
with the Ministry of Information and implemented forthwith. 
This should include punitive measures against abuse. 
 
b. Peaceful assembly as guaranteed by the Constitution 
should be protected and facilitated. Leaders and the public 
attending such meetings must ensure that meetings are 
peaceful, orderly and conducted in conformity with the law. 
 
c. Impartial, effective and expeditious investigations on 
all cases of crime and police brutality and/or excessive 
use of force should be undertaken forthwith. 
 
d. Enforce law and order to protect life and property, and 
to ensure that roads and railways are open and safe for 
people, goods and services. Major transit routes must be 
secured and safe passage on all internal road networks 
throughout the country be guaranteed. 
 
e. All workers, both public and private, must be assisted 
to return safely back to their places of work. Reopen all 
institutions of learning and assist teachers and children 
to return in an environment of safety. 
 
f. All internally displaced persons should be protected and 
assisted to return safely to their homes and places of work 
and their rights to reside anywhere in the country be 
upheld. 
 
g.  In order to promote food security, displaced farmers 
should be assisted to return to their farms. All farmers 
affected by the crisis should be assisted and encouraged to 
 
NAIROBI 00000370  005 OF 005 
 
 
safely resume their farming activities. 
 
h. Hate and threatening messages, leaflets, sms, or any 
other broadcasts of that nature must cease forthwith. 
 
i. All criminal activities, particularly those of a violent 
nature, should be prosecuted forthwith. 
 
Signed on this day, February 1, 2008 
 
On behalf of the government/PNU: 
 
Hon. Martha Karua 
Hon. Sam Ongeri 
Hon. Mutula Kilonzo 
 
On behalf of ODM: 
 
Hon. Musalia Mudavadi 
Hon. William Ruto 
Hon. James Orengo 
 
Witnessed by: 
For the Panel of Aminent African Personalities 
H.E. Kofi A. Annan 
Chairperson 
End text. 
 
RANNEBERGER