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DE RUEHNR #2118/01 1371417
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P 171417Z MAY 07
FM AMEMBASSY NAIROBI
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RUEHDJ/AMEMBASSY DJIBOUTI 4699
RUEHKM/AMEMBASSY KAMPALA 2048
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UNCLAS NAIROBI 002118 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KDEM PGOV KE
SUBJECT: GOVERNMENT-BACKED CANDIDATE WINS COAST BY-ELECTION 
 
REF: NAIROBI 1832 
 
This message is Sensitive but Unclassified, please handle 
accordingly. 
 
¶1.  (SBU) SUMMARY: With the government's backing, Harrison 
Kombe, of the Shirikisho party, won the May 14 low-turnout 
parliamentary by-election in the coastal Magarini 
constituency.  The result was not surprising.  Kombe won 
resoundingly with 37 percent of the votes cast, far ahead of 
the competition.  While no one has disputed the result, there 
were allegations of misuse of government resources on behalf 
of the winning party and voter bribery by two other parties 
during the contest, which was an important precursor to 
December's general election.  END SUMMARY. 
 
¶2.  (SBU)  During an election severely challenged by heavy 
rain and flooding, Shirikisho's Harrison Kombe (supported by 
the pro-government NARC-K party) collected 5,138 votes of 
13,728 cast (37 percent).  This number, however, comprised 
only 12 percent of the constituency's registered voters as 
voter turnout was just 32 percent.  Kombe's nearest 
competitors in the field of 10 candidates (see reftel) were 
opposition coalition ODM-K's Amason Kingi Jeffah with 18 
percent of the votes cast and naturalized Kenyan Italian 
Franco Esposito, who received 16 percent.  NARC-K did not 
field its own candidate, opting instead to support the 
"incumbent" Kombe.  (The losing candidate had disputed 
Kombe's victory for the constituency seat in 2002's general 
election.  In early 2007, a Kenyan court finally ruled on the 
petition, nullifying the result and precipitating Monday's 
by-election.) 
 
Rivers Run All Over It 
---------------------- 
 
¶3.  (SBU) The by-election faced both logistical and political 
challenges.  Days of heavy rain up to the morning of May 14 
left roads flooded and turned small streams into impassable 
rivers.  Speaking with diplomatic observers on May 13, 
Electoral Commission of Kenya (ECK) officials expressed 
concern that voting materials would not reach polling 
stations in time for the six a.m. opening.  They were 
confident, however, that with contingency measures of canoes 
and a helicopter on standby, balloting would proceed as 
planned.  As it turned out, the helicopter was needed, but 
only arrived in Magarini at one p.m. on May 14.  Some more 
remote polling stations did not open until late afternoon on 
May 14 and stayed open for voters through the night.  A 
number of polling stations reported late openings due to 
difficulties traveling flood-ravaged roads.  The ECK Chairman 
acknowledged that his organization could have done more, 
earlier, to ensure a smoother election day. 
 
¶4.  (SBU) While 14 civic ward by-elections also took place on 
May 14, it was the single parliamentary election that drew 
the most political attention.   Weeks before the polling day 
Vice President Moody Awori (NARC-K's second in command) 
visited Magarini to campaign for Kombe, but was jeered by 
crowds.  A week before the election, Kombe's opponents 
accused the government of misusing its resources when 
officials, including two ministers, handed out land title 
deeds in the constituency.  On election day, there were 
reports that candidate Esposito and his KENDA party Chairman 
the notoriously corrupt businessman Kamlesh Pattni were in 
Magarini bribing voters.  Bribery allegations were also made 
against ODM-K; their candidate's relatives were reportedly 
spotted near polling stations distributing cash.  (NOTE: 
Diplomatic observers did see Esposito and Pattni, but did not 
witness any vote-buying.  END NOTE.) 
 
By-Election Reveals Areas for Improvement 
----------------------------------------- 
 
¶5.  (SBU) Nairobi-based diplomatic missions fielded a 
coordinated observer mission of five teams, including the 
U.S. DCM.  The missions issued a press statement on May 17, 
the text of which is in paragraph 7.  While observers did not 
witness any electoral misconduct, they noted administrative 
deficiencies.  At single polling centers with more than one 
independent ballot box or polling station, voters were 
permitted to cast their ballot at either one.  With the same 
voter list at each station, they only protection against 
double voting was the indelible ink on voters' fingers. 
Voters also appeared unfamiliar with the procedure, requiring 
guidance throughout the process, including folding the ballot 
to fit in the box.  Observers were concerned by assisted 
voting, necessary for the large number of illiterate voters. 
In this process, a voter, assisted by an ECK official, would 
vote audibly in the presence of all of the many party agents 
and other voters present, compromising the secrecy of the 
ballot.  These observations will be presented to the ECK 
Chairman in a written report with a view to encouraging 
improved administration and further voter education for 
December's general election. 
 
Comment: Government's Calculation Pays Off 
------------------------------------------ 
 
¶6.  (SBU) COMMENT: While NARC-K did not field a candidate in 
the Magarini election, it put considerable political muscle 
behind Kombe.  His success, will be chalked up as a NARC-K 
victory.  Seen by many as a precursor to December's general 
election government-versus-ODM-K match, the by-election win 
gives the government an added boost in what many expect will 
be an easy victory over a disjointed ODM-K coalition. 
NARC-K's decision to support Kombe was simply one of 
political expediency; it wanted to back anyone who could beat 
ODM.  Kombe is Shirikisho's only MP.  His party's ideology 
consists largely of a call for reserving Coast Province land 
and jobs exclusively for natives of the Province.  At the 
popular level, this translates as anti-Kikuyu sentiment. 
Kibaki's Kikuyu-led government supported a dependable ally 
whose political appeal largely derives from an anti-Kikuyu 
populist message.  END COMMENT. 
 
¶7.  (U) The text of the diplomatic observer mission joint 
statement follows. 
 
Begin text. 
 
Representatives of the diplomatics missions of Canada, the 
European Commission, Switzerland, the United Kingdom, and the 
United States based in Nairobi participated as observers 
during the  by-elections held on May 14, 2007 in Magarini 
constituency, at the invitation of the Electoral Commission 
of Kenya.  Five teams of diplomatic observers visited 37 
polling centers, witnessing the opening, balloting, closing, 
counting, and tallying. 
 
The Electoral Commission should be applauded for the 
administration of this by-election in extremely difficult 
weather conditions.  We also commend the broad participation 
of domestic observers.  We are encouraged by the peaceful 
manner in which this election was conducted.  At the same 
time, we are concerned by allegations of electoral 
misconduct, and urge that all formal complaints with 
supporting evidence be investigated fully. 
 
In the spirit of our partnership with Kenya, we appreciate 
the opportunity to observe the electoral process as strictly 
impartial democratic partners.  We will continue to follow 
Kenya's democratic process as the country approaches its next 
general election, during which we hope all registered voters 
will exercise their right to participate. 
 
This statement was agreed to by Canada, the European 
Commission, Switzerland, the United Kingdom and the United 
States. 
 
End text. 
RANNEBERGER