US Assistant Secretary of State for African Affairs, Dr Jendayi Frazer, speaking in Nairobi: Diplomatic sources said it was still too early for the US to take tough measures against Kenya. Photo/OLIVE MUNYI

However, it was not immediately known what changes or action the US was considering, as its diplomatic relations with Kenya are so far intact. 

A statement by US Assistant Secretary of State for African Affairs, Dr Jendayi Frazer , also called on the government to restore the public’s right to assembly and media freedom. 

This seemed to be an indirect reference to the government’s reluctance to lift the ban on live television coverage which has attracted worldwide condemnation and its refusal to permit countrywide protest rallies called by ODM. 

The Electoral Commission of Kenya (ECK) declared President Kibaki the winner of the presidential election on December 30 but admitted flaws in the tallying of the results. 

ODM and election observers have complained of differences between some of the final results announced by the commissioners and those read out at the constituencies. The ECK also says result forms from some constituencies had been  altered. ODM supporters later staged violent protests in various parts of the country, believing that the election had been rigged in favour of President Kibaki.

At least 486 people have died and about 250,000 have been displaced in the violence.

This is the first time since the post-election problem originating from a disputed presidential election result that the world’s superpower is sending out a strong warning to Kenya that it might take unspecified action if no meaningful progress is made in resolving the crisis. 

The US warning follows days of heightened anxiety following the collapse of efforts by Ghanaian President John Kufuor, who is also African Union chairman, to bring President Kibaki and Mr Odinga to the negotiating table and an announcement by ODM that they would resume mass action beginning Wednesday to press their case. 

Disapproval

It also comes a few days after the US registered its disapproval with President Kibaki after he named the first part of his Cabinet the same day Mr  Kufuor arrived in the country to begin mediation.

The US argued that President Kibaki should have suspended the naming of his Cabinet to build confidence in the process.
Diplomatic sources said that although it was still too early for the US to take tough measures against Kenya, any decision taken by the superpower might target the Kibaki government with whom it has had good relations so far. 

Dr Frazer’s statement said Kenyans had recognised that the post-election crisis had revealed long-standing problems that must not be ignored. 

But the statement indicated the US favoured no side in the dispute and supported efforts to carry out transparent and fair elections.

“The generally peaceful and orderly voting process and record voter turnout was a triumph for the Kenyan people but the serious flaws in the vote tallying process damaged the credibility of the process,” said Dr Frazer in the statement.

She continued: “At that point Kenyan institutions failed the Kenyan people.” 

To ensure dialogue succeeds, Dr Frazer said, it was imperative that both President Kibaki and Mr Odinga acknowledge that there were serious irregularities in the vote tallying, which made it impossible to determine with certainty the final result.

Both must also take forthright steps to end violence and ensure respect for the rule of law consistent with respect for human rights, she added. 

Dr Frazer said the United States strongly supported a political resolution to the post-electoral crisis, adding that it was why US Secretary of State Condoleezza Rice sent her to Kenya.

The diplomat said she had emphasised the urgency of achieving a political settlement during intensive rounds of meetings with President Kibaki, Mr Odinga, their respective teams and other actors.

Although the US welcomed the fact that both sides had indicated their commitment to dialogue and to ending violence, it was deeply disappointed that they had not been able to reach an agreement on the modalities for direct discussions.

“In our view, it is imperative for President Kibaki and Mr Odinga to sit together directly and without preconditions to discuss how to end the post-electoral crisis in a way that reflects the will of the Kenyan people,” the statement said. 

“This particularly includes restoration of media freedom and freedom of peaceful assembly. We believe the Kenyan people have made clear that the way forward must embrace equitable power-sharing, an end to violence, reconciliation, and agreement on a specific agenda for constitutional and electoral reform,’’ she said. 

As a close friend and partner of Kenya, the United States will remain intensively engaged in the ongoing initiatives to help find a resolution of the crisis, Dr Frazer added. 

“We are convinced that Kenyans will achieve this, and that the country will emerge out of this crisis a stronger and more democratic society,” she said. 

The US is a major donor to Kenya, long seen as a stable democracy in a region ravaged by civil strife and war. The aid amounts to roughly Sh65 billion (US$1 billion) a year. 

Apart from supporting government programmes ranging from military aid to law reform, the US also finances numerous humanitarian programmes worth millions of dollars in the country.

Dr Frazer said the US strongly supported efforts of President Kufuor to bring the two sides together to facilitate a political settlement. 

“The post-electoral crisis can only be resolved through a Kenyan solution. President Kufuor, the United States, and other friends of Kenya can, however, help the two sides overcome deep-seated mistrust and enter into a serious dialogue,” she said.

The US welcomed the willingness of both sides to engage with the African Eminent Persons, led by former United Nations Secretary General Kofi Annan, who were expected to visit the country soon. 

Dr Frazer said her country was prepared to witness the results of any settlement in order to reassure both sides that any agreement will actually be implemented. 

Mr  Annan agreed last Thursday to take over talks to end the deadlock. However, his office in Geneva said he would not  arrive in Nairobi before Tuesday, January 15.

While accepting to mediate in the talks alongside Graca Machel, the wife of former South African President Nelson Mandela, and former Tanzanian President Benjamin Mkapa, Mr Annan called for a quick resolution to the crisis.

However, a timeframe for the talks is yet to be agreed upon, and a secretariat to coordinate the mediation process established. UN Secretary General, Mr Ban Ki-Moon, also reiterated his call to Kenya’s  political leadership to urgently find an acceptable solution through dialogue, to enable the country to return to its peaceful and democratic path.

Mr Ban expressed his continued support for the various efforts being made by regional and international actors to help Kenyans arrive at a lasting solution. 

“Two weeks have now passed since violence erupted in Kenya following disputed national elections, the conduct of which prompted serious concerns on the part of national and international observers,” the secretary general said.  

He said the death toll was appallingly high, adding that more than 500 people had already lost their lives and 250,000 displaced from their homes.  

“That much of the violence appears to have been directed at specific communities is all the more worrisome.  The killings must stop, alleged human rights violations should be investigated, and those found responsible for crimes should be held accountable for their actions,” Mr Ban said. 

He added that the potential for further bloodshed remains high unless the political crisis is quickly resolved.

Reposted from Daily Nation On-line