VZCZCXRO9799
OO RUEHROV
DE RUEHNR #0495/01 0461703
ZNR UUUUU ZZH
O 151703Z FEB 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4721
RUCNIAD/IGAD COLLECTIVE
RUEHDS/AMEMBASSY ADDIS ABABA 9909
RUEHDR/AMEMBASSY DAR ES SALAAM 5803
RUEHDJ/AMEMBASSY DJIBOUTI 5119
RUEHKM/AMEMBASSY KAMPALA 2633
RUEHKH/AMEMBASSY KHARTOUM 1893
RUEHLO/AMEMBASSY LONDON 2668
RUEHFR/AMEMBASSY PARIS 2600
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA

UNCLAS SECTION 01 OF 04 NAIROBI 000495 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: KENYA'S ELECTORAL CRISIS: KOFI ANNAN PRESS 
CONFERENCE ANNOUNCES INDEPENDENT REVIEW COMMISSION 
 
¶1.  At a press conference held on February 15, Kofi Annan, 
as expected, put a positive spin on the negotiations. 
However the agreement signed restates progress made to 
date, but makes clear that there is no real progress on the 
core issue of power-sharing. 
 
¶2.  To follow is the text of an agreement signed by Party 
of National Unity (PNU) and Orange Democratic Movement 
(ODM) negotiating teams on February 14th.  Begin text. 
 
Kenya National Dialogue and Reconciliation 
Mediated by H.E. Kofi Annan and the Panel of Eminent 
African Personalities 
14 February 2008 
 
Agenda Item Three:  How to Resolve the Political Crisis 
 
¶I. Preamble: 
 
Reaffirming the Goal of the National Dialogue and 
Reconciliation: 
 
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 29th 
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. 
 
Recognising under Agenda Item Three that, in large measure, 
the current crisis revolves around the issues of power and 
the functioning of state institutions, and also recognizing 
that its resolution may require adjustments to the current 
constitutional legal and institutional frameworks, the 
parties negotiated and agreed on a solution towards 
resolving the political crisis arising from the disputed 
presidential electoral results as well as the ensuing 
violence in Kenya. 
 
II. Regarding the disputed Presidential electoral results, 
we examined the following options: 
 
a) Complete Re-count of the Presidential Elections. 
 
We agreed that any re-count, to be considered credible in 
the eyes of the Kenyan people, would need to be nation- 
wide, involving a ballot by ballot scrutiny of all of the 
more than 11,000,000 ballots cast on December 27th.  We 
agreed that all ballots and electoral materials would have 
be made available at counting centres across the country 
before announcing a re-count.  A re-count would need to be 
conducted under the full scrutiny of trained observers and 
party agents, who would have the right to scrutinize the 
counting and verify each and every ballot. 
 
We agreed that a re-count would need to be overseen by a 
specially appointed independent body that enjoys the trust 
and broad support of all Kenyans. 
 
We considered the timeline for a possible re-count.  We 
agreed that the preparatory work required to make a re- 
count credible in the eyes of the Kenyan people and in 
keeping with international best practices could take up to 
three months. 
 
We were concerned that a delay of several months could 
significantly increase existing tensions and delay 
resolution of the current crisis, and we recognize that the 
result of a re-count might not further Kenya unity, and we 
therefore decided to review other options. 
 
b) Re-tally 
 
We agreed that any re-tally, to be considered credible in 
the eyes of the Kenyan people, would need to be nation- 
wide, involving full scrutiny and re-tally of results 
 
NAIROBI 00000495  002 OF 004 
 
 
sheets from all of the more than 27,500 polling station 
tally sheets and 210 constituency tally sheets.  We agreed 
that all forms would have to be made available across the 
country before announcing a re-tally.  A re-tally would 
need to be conducted under the full scrutiny of trained 
observers and party agents, who would have the right to 
scrutinize the conduct of the process and the validity of 
each tally sheet, and would need to be overseen by a 
specially appointed independent body that enjoys the trust 
and broad support of all Kenyans. 
 
While we agreed that a re-tally could successfully identify 
problems or irregularities in the tally sheets, a re-tally 
could not however identify the correct result in those 
stations or constituencies where problems or irregularities 
were identified. 
 
For these reasons stated above, we decided to review other 
options. 
 
c) Re-run of Presidential Elections 
 
We were not in agreement on the need for a re-run of the 
Presidential elections. 
 
We agreed however that, to safeguard the trust and 
confidence of the Kenyan people in the democratic process, 
the next election should take place only after electoral 
reforms, including but not limited to the reform of the 
Electoral Commission of Kenya, finalization of the work of 
the Independent Review Committee (see below), updating of 
the Voters' List, establishment and improvement of dispute 
resolution mechanisms and effecting measures to ensure 
enfranchisement of Internally Displaced Persons and 
refugees have been implemented. 
 
We considered the timeline for these reforms, which would 
be essential to make the process credible in the eyes of 
the Kenya people, and in line with international best 
practices, would be substantial and would take at least one 
year. 
 
We recognized that Kenyans could not wait that long for a 
resolution of the crisis, and we therefore decided to 
review other options. 
 
d) Judicial Process 
 
We agreed that a judicial process was no longer an option 
as the legal time limit had expired, and we therefore 
decided to review other options. 
 
e) Forensic Audit 
 
We considered a forensic audit of the electoral process. 
We agreed that an audit would have the advantage of 
investigating and making findings regarding the conduct of 
the 2007 election.  We agreed that an audit will not reduce 
tension and violence and will not result in a solution to 
the crisis, and that the legal basis for such an audit was 
unclear. 
 
We further agreed that the functions of a forensic audit 
would be best undertaken by an Independent Review Committee 
(see below). 
 
f) Independent Review Committee 
 
We agree to establish an Independent Review Committee that 
would be mandated to investigate all aspects of the 2007 
Presidential Election and would make findings and 
recommendations to improve the electoral process. 
 
The Committee will be a non-judicial body made up of Kenyan 
and non-Kenyan recognized electoral experts of the highest 
professional standing and personal integrity. 
 
The Committee will submit its report within 3-6 months and 
it should be published within 14 days of submission.  The 
Committee should start its work not later than 15 March 
¶2008. 
 
 
NAIROBI 00000495  003 OF 004 
 
 
The findings of the Independent Review Committee must be 
factored into the comprehensive electoral reforms that are 
envisaged. 
 
III. Regarding the need for a political settlement to 
resolve the current crisis, we agree on the following 
points: 
 
We recognize that there is a serious crisis in the country, 
we agree a political settlement is necessary to promote 
national reconciliation and unity. 
 
We also agree that such a political settlement must be one 
that reconciles and heals the nation and reflects the best 
interests of all Kenyans.  A political settlement is 
necessary to manage a broad reform agenda and other 
mechanisms that will address the root causes of the crisis. 
 
Such reforms and mechanisms will comprise, but are not 
limited to, the following: 
 
-Comprehensive Constitutional reforms; 
-Comprehensive electoral reform - of the electoral laws, 
the electoral commission and dispute resolution mechanisms; 
-A truth, justice and reconciliation commission; 
-Identification and prosecution of perpetrators of 
violence; 
-Respect for human rights; 
-Parliamentary reform; 
-Police reform; 
-Legal and Judicial reforms; 
-Commitment to a shared national agenda in Parliament for 
these reforms; 
-Other legislative, structural, political and economic 
reforms as needed. 
 
We have only one outstanding issue under this Agenda Item, 
the governance structure, which is being actively 
discussed.  Several options have emerged and the parties 
are going to consult their principals and leadership on 
these options and will revert to the Chair shortly. 
 
We also agree that the issues in Agenda Item Four are 
fundamental to the root causes of the crisis, and are 
closely linked with Agenda Item Three.  The implementation 
of the following reforms should commence urgently in 
concert with reforms of Agenda Item Three.  However, these 
processes may continue beyond the timeline of the next 
election. 
 
-Consolidating national cohesion and unity; 
-Land reform; 
-Tackling poverty and inequity, as well as combating 
regional development imbalances, particularly promoting 
equal access to opportunity; 
-Tackling unemployment, particularly among the youth; 
-Reform of the Public Service; 
-Strengthening of anti-corruption laws/public 
accountability mechanisms; 
-Reform of Public Finance and Revenue Management Systems 
and Institutions; 
-Addressing issues of accountability and transparency. 
 
We recognize that this settlement is not about sharing of 
political positions but about addressing the fundamental 
root causes of recurrent conflict, and we reaffirm our 
commitment to address the issues within Agenda Item Four 
expeditiously and comprehensively. 
 
Milestones and benchmarks for the implementation of the 
reform agenda will have to be defined. 
 
Signed on this day, 14 February, 2008 
 
 
On behalf of Government/PNU 
 
 
Hon. Martha Karua 
Hon. Sam Ongeri 
Hon. Mutula Kilonzo 
Hon. Moses Wetang'ula 
 
NAIROBI 00000495  004 OF 004 
 
 
 
On Behalf of ODM 
Hon. Musalia Mudavadi 
Hon. William Ruto 
Hon. Sally Kosgei 
Hon. James Orengo 
 
 
 
Witnessed by: 
 
For the Panel of Eminent African Personalities 
 
H.E. Kofi A. Annan 
Chairperson 
End Text. 
RANNEBERGER