Kenya National Dialogue and Reconciliation

Kenya National Dialogue and Reconciliation
Name	Kenya National Dialogue and Reconciliation
Formation	2008
Headquarters	Nairobi
Region served	Kenya
Leader title	Chairpersons

Kenya National Dialogue and Reconciliation was an ad hoc mediation process convened in 2008 following post-election violence in Nairobi and other urban centers. The talks sought to resolve a political impasse involving high-profile actors and to stabilize relations among rival factions in Nairobi, Mombasa, Kisumu, Eldoret, and other contested counties. Negotiations linked figures from the Orange Democratic Movement, Party of National Unity, Wiper Democratic Movement, Kenya African National Union, and civic groups alongside international mediators from African Union, United Nations, European Union, Commonwealth of Nations, and individual states.

Background

The dialogue emerged after disputed results in the 2007 Kenyan presidential election between Mwai Kibaki and Raila Odinga produced widespread unrest in Kisumu, Nakuru, Naivasha, Kiambu, and Uasin Gishu, and triggered interventions by regional actors including Koffi Annan, Jakaya Kikwete, Olusegun Obasanjo, Thabo Mbeki, and representatives of the Intergovernmental Authority on Development. Violence involved clashes among supporters of Party of National Unity and Orange Democratic Movement, incidents at sites connected to Kenya Police, Kenya Defence Forces, and contested institutions such as the Electoral Commission of Kenya and courts. The crisis prompted responses from international bodies including United Kingdom, United States, European Union, United Nations Security Council, and humanitarian agencies like Amnesty International and International Committee of the Red Cross.

Formation and Mandate

Mediation was formalized through agreements negotiated by envoys led by former statesmen and diplomats associated with African Union, United Nations, and the Commonwealth Secretariat, producing a framework that named key mandates: cessation of hostilities in Kisumu County, organization of electoral and institutional reforms affecting the Electoral Commission of Kenya, judicial review involving the Supreme Court of Kenya, and a roadmap for power-sharing among parties including Orange Democratic Movement and Party of National Unity. The mandate also referenced transitional institutional reforms tied to the proposed Constitution of Kenya review process and inputs from legal scholars linked to University of Nairobi, Strathmore University, Kenya School of Law, and civil society networks like National Council of Churches of Kenya and Kenya National Commission on Human Rights.

Key Participants and Facilitators

Principal negotiators included political leaders such as Mwai Kibaki and Raila Odinga, party representatives from Wiper Democratic Movement and Mkenya, parliamentary figures from National Assembly (Kenya) and Senate of Kenya delegations, and civic actors from Kenya Human Rights Commission, Truth, Justice and Reconciliation Commission (Kenya), and trade unions connected to Central Organization of Trade Unions (Kenya). External facilitators comprised former heads of state including Kofi Annan, Olusegun Obasanjo, Benjamin Mkapa, and envoys associated with European Commission and United Nations Development Programme. Observers and guarantors included diplomats from United Kingdom Foreign Office, United States Department of State, Norwegian Institute of International Affairs, and representatives of African Development Bank.

Negotiation Process and Major Agreements

Negotiations adopted shuttle diplomacy and joint plenary sessions held in Nairobi and mediated by teams from African Union and United Nations. Major agreements included a power-sharing arrangement that led to the formation of a grand coalition, modalities for the reconstitution of the Electoral Commission of Kenya, commitments to implement a new Constitution of Kenya draft, establishment of a task force on police reform linked to Kenya Police, and transitional measures for accountability referencing mechanisms similar to those in Truth and Reconciliation Commission (South Africa) and recommendations from the Kenya National Dialogue and Reconciliation technical committees. The accords produced timelines for implementing constitutional review, electoral law amendments, and compensation programs tied to displaced populations recorded by United Nations High Commissioner for Refugees and International Organization for Migration.

Implementation and Institutional Outcomes

Implementation produced the creation of a grand coalition cabinet involving figures from Orange Democratic Movement and Party of National Unity, legislative steps toward constitutional reform culminating in the 2010 Constitution of Kenya promulgation, reforms to electoral administration with establishment of successor bodies to the Electoral Commission of Kenya, and initiatives for police reform overseen by parliamentary committees in Parliament of Kenya. Institutional outcomes included enhanced roles for the Independent Electoral and Boundaries Commission, the restructuring of county governments later reflected in devolved governance across the new Counties of Kenya, and the launch of accountability processes that engaged the Directorate of Criminal Investigations and the Office of the Attorney General.

Political and Social Impact

The dialogue reshaped party alliances among Orange Democratic Movement, Party of National Unity, Jubilee Party (Kenya), and regional movements in Rift Valley Province and Western Province, contributed to the constitutional transition that created county governments in Nairobi County and elsewhere, and influenced subsequent elections including contests involving Uhuru Kenyatta and William Ruto. Social impacts included programs for restitution for victims documented by Kenya National Commission on Human Rights and humanitarian actors like Médecins Sans Frontières, and affected relations with international partners including World Bank and International Monetary Fund through conditional assistance tied to governance reforms.

Criticism and Controversies

Critics from civil society organizations such as Kenya Human Rights Commission and political analysts at Institute for Security Studies argued that the dialogue privileged elite bargaining among leaders like Mwai Kibaki and Raila Odinga over comprehensive transitional justice, citing shortcomings in accountability for alleged crimes involving Kenya Police and militias in Kisumu and Eldoret. Controversies included disputes over allocation of ministerial posts, debates in Parliament of Kenya over implementation timelines, legal challenges in the High Court of Kenya, and concerns raised by international observers from European Union Election Observation Mission and Commonwealth Observer Group about the depth of institutional reform and reparations process.

Category:Politics of Kenya