VZCZCXYZ0000
PP RUEHWEB

DE RUEHNR #1792/01 1141357
ZNR UUUUU ZZH
P 241357Z APR 07
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 9221
INFO RUEHDS/AMEMBASSY ADDIS ABABA 9270
RUEHDR/AMEMBASSY DAR ES SALAAM 5242
RUEHDJ/AMEMBASSY DJIBOUTI 4674
RUEHKM/AMEMBASSY KAMPALA 2012
RUEHLO/AMEMBASSY LONDON 2224
RUEHFR/AMEMBASSY PARIS 2181
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA

UNCLAS NAIROBI 001792 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KDEM PGOV KE
SUBJECT: KENYA ELECTIONS: ELECTORAL COMMISSION UPDATE 
 
REF: A. NAIROBI 1385 
     ¶B. NAIROBI 1669 
     ¶C. NAIROBI 220 
 
¶1.  (U) SUMMARY: On April 19, the DCM and the German and 
Swiss Ambassadors called on Commissioners of the Electoral 
Commission of Kenya (ECK) to discuss the ECK's administration 
of Kenya's next general election, expected in December. 
Among the topics discussed were: presentation of a non-paper 
detailing diplomatic support for Kenya's electoral process, 
voter registration plans, composition of the ECK, and pending 
legislative changes including the addition of constituencies. 
 END SUMMARY. 
 
¶2.  (U) The DCM and the Swiss and German Ambassadors met with 
ECK Commissioners on April 19, the second of regular sessions 
with the ECK during this election season.  The ECK was 
represented by Chairman Samuel Kivuitu and Commissioner 
Ambassador J.B. Tumwa, as well as four of nine Commissioners 
appointed in January (ref C): Joseph Hamisi Dena, Felista N. 
ole Churie, Abdi M. Ibrahim, and Luciano Riunga Rainji.  The 
DCM and Ambassadors presented a non-paper jointly developed 
by members of Nairobi-based diplomatic missions which details 
principles which will guide signatory missions' support for 
Kenya's electoral process (ref B).  The DCM underscored the 
U.S.' commitment to neutrality during the election season. 
Chairman Kivuitu appreciated the diplomats' commitment to the 
ECK and their willingness to speak out if a situation arises. 
 
Simultaneous Elections 
---------------------- 
 
¶3.  (U) While the ECK is busy preparing for December's 
general election, they will also be administering a 
parliamentary by-election in Coast Province's Magarini 
constituency on May 14.  Chairman Kivuitu informed the 
Ambassadors and DCM that a team of Commissioners had already 
been sent to Magarini to observe participants' conduct, and 
that a peace committee for Magarini had been established.  He 
recalled that the diplomats had in December urged a strong 
ECK response to the serious misconduct during the July 2006 
by-elections.  With respect to the general election, Kivuitu 
expressed appreciation for donor support to the ECK via UNDP 
(ref B) and stated that preparations for the general election 
were going well. 
 
¶4.  (U) The ECK faces challenges in the voter registration 
process, however, in particular, inaccuracies in the voters' 
register, and persistent difficulties with the issuance of 
national identity cards, Kivuitu said.  The first problem 
arises from inaccurate record-keeping of deaths.  On the 
second, Kivuitu estimated that there is a gap of 2.5 to 3.5 
million eligible Kenyans who have not been able to register 
to vote.  Uncollected identity cards and low rates of 
application among Kenyans, rural farmers, for example, who do 
not think they need a national i.d., are problems.  To 
relieve the backlog, the government has improved i.d. card 
processing equipment, and the registrar of persons has also 
been more cooperative.  In the period May to June the 
registrar expects to process 2.5 million national i.d. cards. 
 This will lead into the ECK's second (and likely last before 
the election) voter registration drive in June.  (NOTE: The 
first of the year was in March, and did not produce the 
number of registrations officials hoped for.  END NOTE.) 
 
ECK Composition 
--------------- 
 
¶5.  (U) Asked about relations within the ECK since the 
January addition of nine new commissioners (ref C), Kivuitu 
was upbeat, noting that everyone was "getting on very well." 
Kivuitu dismissed suggestions that there is within the ECK a 
government "clique," a reference to the criticism that the 
government made the nine January appointments without 
consulting the opposition.  On the status of his own tenure, 
Kivuitu had nothing to report, but remarked that he and 
others whose terms end in June and October were proceeding 
without consideration that they may not be part of the ECK at 
election time.  It would be irresponsible to do otherwise, he 
added.  The diplomats offered to lend their support for 
continuity of the ECK's leadership through the election 
season.  Ambassador Tumwa remarked that it would be helpful 
if Heads of Mission encouraged their political interlocutors 
to refrain from publicly referring to the "old" and "new" 
commissioners as it damaged the credibility of the ECK. 
 
Electoral Reforms 
----------------- 
 
¶6.  (U) Parliament has before it this session proposals for 
changes to the electoral process.  Despite profound 
implications for the ECK, the Commission has not been invited 
to the debate.  One, the Political Parties Bill, includes a 
provision for public funding of political parties.  Kivuitu 
was concerned that if passed, implementation would require 
significant capacity building.  Another proposal calls for an 
undefined "autonomous" registrar of political parties within 
the ECK.  Parliament is also expected to take a decision on 
increasing the number of constituencies in the country.  In 
accordance with a constitutional requirement, the ECK has 
submitted its recommendation on how many constituencies 
should be added.  Kivuitu suspected that MPs were stalling 
until they know where the new constituencies would be 
located.  While parliament determines the number, it is the 
ECK that decides the locations - information it does not 
divulge because of the political ramifications.  Adding more 
constituencies too close to the election could be 
"disastrous" he said, noting that voting on a single day 
might not be possible in that case. 
 
What the Diplomats Can Do 
------------------------- 
 
¶7.  (U) Asked what role diplomatic missions could fill, 
Kivuitu suggested that they convey a strong message against 
electoral violence, and in support of women candidates. 
Commissioner Rainji added that Missions should demand that 
inciters of violence be held accountable, and suggested that 
Heads of Mission could also help by encouraging political 
parties to operate more democratically.  Ambassador Tumwa 
noted that the media is sometimes responsible for provoking 
violence.  Chairman Kivuitu said he had in the past worked to 
persuade media to agree to a code of conduct for the election 
and would appreciate support with this.  The Heads of Mission 
agreed that they could initiate a dialogue with media editors 
to uphold professionalism and support a media members code of 
conduct developed within the industry. 
 
¶8.  (SBU) COMMENT: Chairman Kivuitu continues to be 
optimistic about the ECK's ability to run the election well, 
despite significant challenges, including his own job 
security.  In contrast to private conversations, Kivuitu was 
far less candid about some of the difficulties facing the 
ECK, perhaps because of the presence of the four "new " 
commissioners.  END COMMENT. 
RANNEBERGER