VZCZCXRO3118
OO RUEHTRO
DE RUEHNR #1345/01 1820748
ZNR UUUUU ZZH
O 010748Z JUL 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0066
RUEHTRO/AMEMBASSY TRIPOLI 0025

UNCLAS SECTION 01 OF 02 NAIROBI 001345 
 
SIPDIS 
SENSITIVE 
 
EMBASSY TRIPOLI ERIN CEDERLIND PASS TO AF A/S CARSON 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KE
SUBJECT: PRIME MINISTER ODINGA ON THE REFORM PROCESS 
 
¶1. (SBU) Summary. On June 26  I met with the Prime Minister Odinga to 
review the status of implementation of the reform agenda, and to urge 
more rapid action.  Odinga said that he and President Kibaki have 
improved coordination to push the reform agenda. He sketched out an 
ambitious timeline for constitutional reform, and said that he and 
the President are committed to the establishment of a credible 
Special Tribunal. He reviewed other reform agenda items, and 
described plans for the restructuring of his office. End summary. 
 
¶2. (SBU) I met with Prime Minister Odinga on June 26 to review the 
status of implementation of the reform agenda. Before discussing the 
reform agenda, Odinga noted that he has been pressing President 
Kibaki hard on the need for greater coordination and consultation 
within the coalition government, in concert with the letter and 
spirit of power-sharing.  Kibaki has been somewhat responsive, Odinga 
said. The two are planning a joint visit to Odinga's home province of 
Nyanza later in July, and they are working to ensure they and their 
ministers speak with more harmony in public. 
 
¶3. (SBU) On the reform agenda, Odinga said that progress is being 
made. Constitutional reform is moving ahead, Odinga said, and he is 
pressing to have a new constitution in place before mid-2010. The 
constitutional revision Committee of Experts recently briefed Odinga 
and Kibaki. Odinga said he and the President have agreed to the 
following timeline: submit a revised constitution to Parliament by 
December 2009; obtain parliamentary approval; and hold national 
referendum by April 2010. Having laid out this optimistic timetable, 
Odinga admitted that divisions within the coalition government over 
the structure of executive power in the constitution could delay the 
process. Kibaki's side wants a strong presidency with a weak prime 
minister. Odinga and his team want a mixed "French-style" system. 
 
¶4. (SBU) Odinga believes that the Task Force on Police Reform will 
yield substantial recommendations that will be implemented. On the 
other hand, he agreed that ensuring credibility of reforms would be 
near impossible as long as Police Commissioner Ali remains in office. 
He is not optimistic that Ali will be replaced, given Ali's close 
links to the President's spouse Lucy. With respect to the rule of law 
reform, Odinga said it was a significant step forward that he 
succeeded in short-circulating the efforts of Kibaki's team to 
denounce the report on extrajudicial killings by UN Special 
Rapporteur Alston. Odinga said that the more constructive Kenyan 
government position resulted from conversation Odinga had with 
Kibaki. 
 
¶5. (SBU) Odinga said that he and Kibaki have agreed to a way forward 
on the Special Tribunal. This resulted from a meeting he and Kibaki 
held with Minister of Security Saitoti, Minister of Lands Orengo, 
Attorney General Wako, and Minister of Justice Kilonzo. The 
objective, Odinga said, is to bring back to Parliament before August 
a bill to set up the Special Tribunal. The new bill would address 
concerns some have expressed by removing the power of the Attorney 
General to interfere in prosecutions and the presidential power to 
give pardons with respect to cases before the Tribunal. There will 
also be a provision to ensure that the Tribunal is not under the 
authority of a Chief Justice. A draft law is being worked on to 
submit to Parliament when it reconvenes on July 24. 
 
¶6. (SBU) Odinga pointed out that the Cabinet has approved a new 
national land policy. This was submitted to Parliament last week, but 
is not likely to be considered for some time. (While this represents 
some progress, actual implementation of a new land policy will be 
very problematic given the sensitivities involved.) 
 
¶7. (SBU) Odinga said that he and Kibaki have asked Minister of 
Justice Kilonzo for a roadmap on judicial reform. Odinga noted, as 
have we, that the Minister has talked ardently about judicial reform, 
but with no results. 
 
¶8. (SBU) Odinga argued (without much credibility in my view) that he 
is attempting to fight corruption.  Although I pressed, he offered 
few specifics. I called attention, for example, to the fact that the 
head of the Kenyan Bureau of Standards (KEBS) is clearly involved in 
corruption, some of which seriously affects American companies like 
Eveready.  Odinga said that he told the Minister of Industry (which 
has oversight of KEBS) that the KEBS director must go. (This follows 
a strong public campaign by the Kenyan private sector to have the 
KEBS director removed.) Odinga had nothing to say regarding the range 
of other corruption issues (maize, oil, tourism board, etc). 
 
¶9. (SBU) On other issues, Odinga said that the interim Independent 
Electoral Commission is off to a good start, and Odinga feels 
parliamentary by-elections in two constituencies set for August 27 
will be credible. 
 
¶10. (SBU) We have frequently urged Odinga to restructure his office 
so that he can more effectively carry out his constitutional 
responsibility to "supervise and coordinate the functions of 
government." He said that this is finally being done, and showed the 
Ambassador a detailed plan (which, unfortunately in our view, does 
 
NAIROBI 00001345  002 OF 002 
 
 
not involve removing some of the problematic personalities in 
Odinga's office). Odinga said that he would like U.S. assistance to 
support the restructuring, and we have agreed to consider this 
pending receipt of a proposal. 
 
¶11. (SBU) Odinga was somewhat more detailed on the status of reform 
issues than he has been in the past. This and his clear effort to 
display a commitment to achieve results likely indicate that the 
pressure coming from the Kenyan people and from the U.S. (and Annan) 
for reform results is being felt. We should acknowledge progress when 
specific, meaningful results are achieved, while maintaining pressure 
for broader and deeper results across the board. 
 
MINIMIZE CONSIDERED. 
 
RANNEBERGER