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DE RUEHNR #4330/01 2790604
ZNY CCCCC ZZH
R 060604Z OCT 06 ZDS
FM AMEMBASSY NAIROBI
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RUEHLMC/MILLENNIUM CHALLENGE CORP
INFO RUEATRS/DEPT OF TREASURY WASHDC
RUCNIAD/IGAD COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 004330 
 
SIPDIS 
 
C O R R E C T E D  C O P Y (DECLASSIFICATION INSTRUCTIONS) 
 
SIPDIS 
 
DEPT FOR AF/E & AF/EPS 
USAID FOR AFR/DP WADE WARREN, AFR/EA JEFF BORNS AND 
JULIA ESCALONA 
MCC FOR MALIK CHAKA 
TREASURY FOR OREN WHYCHE-SHAW 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958:  DECL: 10/06/2016 
TAGS: EFIN PGOV PREL KCOR AGOA PTER KE
SUBJECT: AMBASSADOR DISCUSSES LEGISLATIVE AGENDA AND OTHER ISSUES 
WITH KENYA'S VICE PRESIDENT AWORI 
 
REFS: A) Nairobi 4105, B) Nairobi 2951 
 
NAIROBI 00004330  001.4 OF 002 
 
 
Classified by Ambassador Michael E. Ranneberger for reasons 1.4 (B) 
and (D). 
 
¶1. (C) Summary: Kenyan Vice President Moody Awori, who sets 
parliament's agenda as leader of the House Business Committee, 
assured the Ambassador that an anti-money laundering bill and plea 
bargaining legislation will be passed by this parliament.  He also 
insisted that long pending appointments to independent commissions 
and other bodies will be made within ten days.  Awori was expansive 
and friendly, responding well to the Ambassador's theme of a 
U.S.-Kenya partnership in support of shared objectives and democratic 
values.  Most political observers predict that Awori will be dropped 
from the ticket should Kibaki run for a second term due to his 
perceived inability to deliver the votes of his Luhya community.  End 
summary. 
 
---------------------------- 
Context:  VP Awori Leads Government Coalition in Parliament 
---------------------------- 
 
¶2. (U) The October 3 courtesy call by the Ambassador on Vice 
President Arthur Moody Awori focused on the Government of Kenya's 
legislative agenda.  Under Kenya's system of government, the Vice 
President sets parliament's legislative agenda as the leader of the 
House Business Committee. 
 
-------------------- 
Legislative Matters 
-------------------- 
 
¶3. (SBU) Awori made the following points concerning the legislative 
agenda: 
 
-- Parliament will sit 23 days in October, 17 days in November and 
only 2 days in December. 
 
-- Counter-terrorism legislation must take into account the views of 
Kenyans who feel their community is unfairly identified with 
terrorism (i.e. Muslims).  We recognize that there are home-grown 
terrorists here.  Our local interests and sensitivities must take 
priority as this bill is drafted.  (Comment:  The message is that 
there will be no counter-terrorism legislation anytime soon.  End 
Comment.) 
 
-- The draft anti-money laundering bill is presently with the 
Attorney General for review.  It will come to parliament within the 
next few months.  (Awori cited this legislation when the Ambassador 
urged rapid action on this issue.  See ref A for Attorney General 
Wako's comments on this topic.) 
 
-- Plea bargaining legislation, for which the U.S. has provided 
technical assistance, is an element in a miscellaneous amendments 
bill already under consideration in the House.  (Comment:  This 
reform has the potential to reduce the caseload of the severely 
overburdened judiciary. End Comment.) 
 
-- The HIV/AIDS bill will undergo its second reading on 5 October. 
(Comment:  This bill has some negative aspects.  Our PEPFAR and USAID 
offices are discussing key issues with the appropriate legislators. 
End Comment.) 
 
-- Long-pending appointments to the East Africa Legislative Council, 
Kenya National Commission on Human Rights, Electoral Commission and 
other institutions will be made in a consultative, inter-party 
fashion within the next ten days.  Awori attributed the delay to 
"Kenya's confused political situation," with some members of the 
official opposition party serving in the cabinet while some parties 
formerly in the governing coalition are now in opposition.  This 
state of affairs complicates formal inter-party consultations. 
 
------------------------------ 
Other Issues:  Corruption, AGOA, Business Climate 
------------------------------ 
 
¶4. (SBU) Awori addressed the following issues as well: 
 
-- The Kibaki administration has performed well over its three and a 
half years in power.  Yet, its achievements are not recognized.  This 
government's expansion of democratic space and media freedom released 
pent up frustrations.  We are suffering for the sins of the previous 
administration. 
 
NAIROBI 00004330  002.4 OF 002 
 
 
 
-- This government has made important progress in the fight against 
corruption.  The dramatic rise in revenue collection is clear 
evidence of success.  The large scale corruption cases discussed in 
the press everyday are historical cases.  There are few new cases. 
(Comment:  The Anglo Leasing and Charterhouse scandals certainly 
qualify as large scale corruption and occurred under the present 
administration. In fact, Awori himself personally approved several of 
the suspect contracts.  End Comment.) 
 
-- We recognize that government alone cannot develop this country. 
We value a free press and a dynamic civil society.  But freedom must 
be matched with responsibility.  However, we will not impede the free 
press.  (Comment:  This was an indirect disavowal of Internal 
Security Minister Michuki's March 2006 raid on The Standard media 
house. End Comment.) 
 
-- We greatly appreciate AGOA.  It has grown our textile industry and 
created jobs.  We need an extension of the third country fiber 
provision.  We are taking measures to revive our cotton industry to 
complement the textile industry.  However, your cotton subsidies are 
injurious to these efforts.  We ask that you reconsider your 
agricultural subsidy policies. 
 
-- The Trade Minister and I are very aware that investment is 
hampered by too much bureaucracy.  Too many licenses are required and 
each license takes much too long to acquire.  We are working to 
reduce these obstacles. 
 
------- 
Comment 
------- 
 
¶5. (C) Awori was expansive and friendly, responding well to the 
Ambassador's theme of a U.S.-Kenya partnership in support of shared 
objectives and democratic values.  Most political observers believe 
that Awori will not be retained in the VP slot should Kibaki run for 
a second term (as expected).  Awori, charming and avuncular, is one 
of the government's more popular figures.  He has supported key 
reforms of parliament (reftel).  Yet he cannot deliver his 
politically fragmented and socially fractious Luhya community. 
Electoral calculations favor a VP candidate who can assure a sizeable 
ethnic block vote.  Awori does not qualify. 
 
Ranneberger