Statement by H.E. Kofi Annan, Chair of the AU Panel of Eminent African Personalities, on conclusion of the Panel’s visit to Kenya

We have met with the Prime Minister, the Chief Justice, the Speaker of the National Assembly and the Minister of Justice, and members of the Dialogue Team, the Independent Electoral and Boundaries Commission and the Commission on the Implementation of the Constitution, among others. We have also met with the business community, the media owners, religious leaders and representatives of civil society. We also expected to meet the President.

Our objective has been to observe the progress of the implementation of the reform agenda, and in particular the Constitution, and to support and encourage preparations for Kenya’s elections next year. With just a matter of months to go until those elections, Kenya is at one of the most important times in its recent history.

Let us not forget the significant journey Kenya has travelled in the last five years. Through its new Constitution, Kenya has a clear and agreed framework for a peaceful and prosperous future. The country is focused on the next elections.

The IEBC has an enormous task ahead of it in preparing for and conducting the first elections to be held under the new Constitution. In our meetings with the IEBC, it has made clear its first commitment to carrying out its constitutional responsibility is to hold a free, fair and credible election on 4 March, 2013.

The Panel supports the IEBC as it works towards this objective. We encourage Kenyans and everyone concerned for Kenya’s future to support the IEBC in its important work.

With regard to voter registration, the issuance of ID cards must be expedited. But the responsibility for the conduct of the elections is not the IEBC’s alone. All relevant institutions must be ready to play their expected role.

The Judiciary, the Parliament, the police and other security agencies, all have critical parts to play. The Panel welcomes the steps taken by the Chief Justice to transform the Judiciary. In particular, we welcome his efforts to establish a mechanism that can effectively address disputes that may arise during the elections. The Panel urges Parliament to pass the outstanding electoral legislation.

The Constitution demands the implementation of the gender provision. Parliamentarians have an urgent responsibility to agree the mechanism for this implementation. A failure to do so would deny Kenyan women their right to fully participate in democratic governance. Indeed, it could lead to a Constitutional crisis and leaders must do everything necessary to avoid this outcome.

The expectations of the Kenyan people on the realisation of the gender provision of the Constitution are very clear. In this matter and others, they want an effective and timely implementation of the Constitution. Respect for the rule for law must be paramount at all times.

In every discussion that the Panel has had, the cases before the ICC have been raised. With respect to these cases, there is only one way ahead. These cases are against individuals and not against any tribe or group.  Justice must be done and Kenya is obliged to assist the Court in accordance with the Rome Statue.

The Panel is deeply concerned by an increase in tensions and violence in the run-up to the elections. The violence in Northern Kenya, the Tana River Delta and the Coast region are a cause of great concern. Reports of militia groups re-organising or being created are equally worrying. It is vital that the agreed security sector reforms are carried through and that the Inspector-General of Police is appointed as soon as possible.

Many other stakeholders also have important roles to play as Kenya prepares for elections.

The Panel looks forward to the expeditious and effective conclusion of the Truth, Justice and Reconciliation Commission’s important work.

The Panel calls on religious leaders of all faiths to demonstrate strong leadership and to do everything in their power to ensure that Kenya has credible elections. The religious community of Kenya must also speak out for peace, national unity and cohesion.

Civic and voter education are vital and must be undertaken in all urgency. The media also has a critical role to play in educating the public and in promoting a serious discussion on the nation’s future.

The Panel welcomes yesterday’s announcement by the media owners to hold Presidential debates. These debates can help to promote dialogue and an issues-based conversation about the future leadership of the country.

The Panel also welcomes the media’s intention to work closely with the IEBC in communicating to the public progress in preparations for the elections, and ultimately the official results.

I said earlier that Kenya is going through one of the most important periods in its recent history. The forthcoming elections will elect the leaders who must oversee the completion of this historic transition. These leaders must be prepared to serve in the best interest of the country and all Kenyans.

The Panel has been very encouraged by the determination of Kenyans not to allow a repeat of the tragedy that the country experienced at the last election. National unity, stability and cohesion will only be safeguarded by a credible and democratic election.

We encourage all Kenyans to exercise their right to vote and to have their voices heard. In this regard, the Panel is encouraged by the private sector-led initiative MKenya Daima which is bringing together all stakeholders in a campaign to promote peaceful elections.

Kenya’s friends in the international community stand ready to offer all necessary support. I can assure you that the Panel itself will remain fully engaged. We intend to visit more frequently over the next crucial months.