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UNCLAS NAIROBI 003973 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: KDEM PREL PGOV PHUM KE
SUBJECT: GOVERNMENT REFORMS FALTERING, KENYAN CIVIL SOCIETY 
TELLS SENATOR OBAMA 
 
REF: A. NAIROBI 3824 
     ¶B. NAIROBI 3679 
 
SENSITIVE BUT UNCLASSIFIED.  NOT FOR RELEASE OUTSIDE USG 
CHANNELS. 
 
¶1.  (SBU) Summary and Comment: In a series of meetings on 
August 28 in Nairobi, leaders of Kenyan civil society and 
government oversight organizations highlighted for visiting 
Senator Obama the Kenyan government's faltering performance 
on human rights, corruption, and governance, while ably 
demonstrating the strength of Kenyan civil society. 
Participants also noted the government's efforts to discredit 
its most vocal critics.  Recent targets are the Chair of the 
Electoral Commission (accused of being partisan), and the 
Chair of the National Human Rights Commission (the subject of 
a probe into alleged financial improprieties, Ref. B). 
Following the meetings, in his televised address, the Senator 
highlighted the importance of Kenya's civil society leaders 
(Ref. A), elevating the profile of the individuals named, and 
hopefully making government hatchet jobs more difficult.  End 
Summary and Comment. 
 
Human Rights: Room for Improvement, Need U.S. Leadership 
--------------------------------------------- ----------- 
 
¶2.  (SBU) Six of Kenya's most prominent human rights 
activists expressed to Senator Obama on August 28 their 
frustration with continued human rights abuses in the 
country, particularly at the hands of the police.  The 
activists -- leaders of the government Human Rights 
Commission, and five non-governmental organizations, focusing 
on women's and children's as well as Muslim rights -- urged 
the Senator to take a firm stand on corruption.  They noted 
that poor political accountability, as well as ethnic 
polarization in the country, are fueling human rights abuses. 
 Although the current government came in with great promise, 
it is losing focus on its reform agenda.  Unprotected by an 
"opaque" police force, women and children are particularly 
vulnerable as victims of sexual abuse and trafficking, and 
have no access to the justice system. 
 
¶3.  (SBU) The activists, however, also said there is a need 
for greater leadership on respect for rights from the United 
States, citing U.S. pressure on Kenya to sign an Article 98 
agreement, and the perceived singular American focus on 
combating terrorism: "You ask for openness and transparency, 
so do the same."  In particular, they alleged "torture" of 
Kenyan Muslims, primarily in the coastal region, at the hands 
of "white FBI agents."  The Ambassador, also present, stated 
that he would be the first to denounce such behavior, if it 
had, in fact, taken place.  He agreed with the Senator that 
participating in a working group organized by local human 
rights organizations would be a useful venue for correcting 
misperceptions and fostering good-will. 
 
Anti-Corruption Watchdogs See Through "Reforms" 
--------------------------------------------- -- 
 
¶4.  (SBU) Separately, representatives of democracy and 
governance watchdog organizations told Senator Obama that the 
initial high hopes which the Kibaki administration generated 
on corruption and good governance have evaporated.  Efforts 
initially seen as progressive and reform-minded, including 
the incorporation into government of several prominent civil 
society leaders, are now seen as efforts to discredit, 
weaken, and silence potential critics.  The participants 
agreed that too many "anti-corruption" institutions and 
mechanisms were created, with competing jurisdiction and 
mandates.  The result:  no one is ever held accountable. 
Corruption court cases are delayed indefinitely due to lack 
of enforcement ability and redundant specially-convened 
commissions of inquiry which are designed to delay and 
obfuscate.  Months to years later when the commissions 
finally produce watered-down findings, public fatigue with 
the whole process allows them to get away with "frying a few 
small fish while the big fish swim free." 
 
¶5.  (SBU) Realizing that Kenya's elected leaders had "failed" 
the people, several participants suggested working bottom up 
instead -- increase citizen participation and empower Kenyans 
 
to better criticize the government's agenda and performance. 
Participants agreed with Ambassador Ranneberger's comment on 
the need to educate the people about the nexus between 
economic corruption and their own poverty.  Offering his 
support for their continued efforts, the Senator invited 
Kenyan civil society to help identify ways in which the U.S. 
could be most effective in assisting their efforts, without 
undermining the credibility of their initiatives. 
 
Electoral Commission: Plagued by Politics 
----------------------------------------- 
 
¶6.  (SBU) In a meeting significant for its visibility, 
Senator Obama gave the Electoral Commission of Kenya (ECK) a 
much-needed boost at a time when its Chairman, Samuel 
Kivuitu, has been the subject of media reports suggesting his 
arrest is imminent.  Although not formalized in law, it has 
been past practice, Kivuitu explained, for the government to 
appoint commissioners who are both pro-government and 
nominated by the opposition for a total of 22.  With the 
terms of 10 "opposition" commissioners coming to an end, and 
no indication from the government that it will appoint 
"opposition" replacements, Kivuitu expressed his concern that 
the ECK would no longer be seen as a balanced organization. 
Although administratively prepared for the 2007 general 
elections, the Chairman worried that politics would create 
perceptions of bias and ultimately undermine the ECK's 
credibility.  The Senator recognized the Commission's 
exceptional work during the 2005 constitutional referendum 
and 2002 election, and inquired what, building on the already 
strong relationship between the ECK and USAID, the U.S. 
government could do to support the Commission.  Kivuitu 
appreciated the Senator's visit, adding that support from the 
diplomatic community has given the Commission the confidence 
to do its job. 
 
¶7.  (U) CODEL Obama has cleared this message. 
RANNEBERGER