VZCZCXRO5394
RR RUEHROV
DE RUEHNR #4435/01 3180443
ZNR UUUUU ZZH
R 140443Z NOV 07
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC 3434
INFO RUCNIAD/IGAD COLLECTIVE

UNCLAS SECTION 01 OF 02 NAIROBI 004435 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958:N/A 
TAGS: PGOV PHUM KE
SUBJECT: Ambassadors Call On the Electoral Commission 
 
REF: NAIROBI 4429 
 
¶1. (SBU) Summary & Introduction:  Electoral Commission of 
Kenya (ECK) Chairman Samuel Kivuitu, Vice-Chair Kihara 
Muttu, and four staff members met with Chiefs of Missions 
from the UK, the United States, Canada, Sweden, and the 
European Commission on 8 November to review preparations 
for the 27 December general elections.  The discussion 
touched on issues of electoral violence, campaign abuses 
and use of state resources, impunity, balance of media 
coverage - particularly state media, inspection of the 
voter registry, and Election Day logistical arrangements. 
The US Mission has led those diplomatic missions donating 
to the electoral effort in a coordinated campaign to 
encourage ECK Chairman Kivuitu's re-appointment.  End 
Summary & Introduction. 
 
¶2. (SBU) The ECK?s leading concern continues to be 
violence, noting that since the 2005 referendum, ethnic 
tensions had substantially increased.  The ECK's 
preparedness and ability to respond still seems weak. 
The Chair noted that the previous Vice-Chair, whose term 
was not renewed, led their internal Committee on this 
issue, which has not been reconstituted.  He then noted 
that Committee is regularly meeting with a counterpart 
Police Committee.  According to the Chair, the Police say 
they are prepared, but he is not convinced.  He further 
stated that the ECK works through local peace committees 
and this year the plan is for those committees to be more 
active.  He admitted that while gender violence is of 
particular concern, there are no particular or additional 
plans to address it.  The Vice-Chair noted that given its 
importance, a senior female police officer has joined the 
police committee.  The Chair also noted that they are now 
receiving intelligence reports of "hot spots" on the 
ground and they are working with the police to develop 
proactive approaches in such areas. 
 
¶3. (SBU) The ECK Chair welcomed Ambassador Ranneberger's 
suggestion to have candidates sign the Electoral Code of 
Conduct in a public ceremony and stated that he would 
work on this immediately after he receives the 
Presidential Nomination papers. 
 
¶4. (SBU) In addressing allegations of rigging, 
particularly manipulation of the voter registry and 
purchasing of voters cards, the Chair noted that more 
specific information is needed for successful 
investigations.  After noting that he read the formal 
complaint of presidential aspirant Raila Odinga, he was 
fairly dismissive of it and said it lacked specifics that 
could be investigated, and that the individual named in 
the complaint was not an ECK employee.  However, he 
accepted that purchasing of voter cards was a continuing 
problem in the country.  It is a problem the ECK was keen 
to address, but more information was needed for them to 
do that.  He referenced a complaint where a member of the 
ODM leadership, Member of Parliament Najib Balala brought 
400 voter ID cards to the District Electoral Commissioner 
(DEC) on the Coast.  They then investigated; it resulted 
in the arrest of one woman, who is now assisting police 
in investigations.  He further noted, that the ECK will 
still provide duplicate ID cards to individuals who sell 
there cards, to deter such actions and allow people to 
vote. 
 
¶5.  (U) The Chair mentioned two safeguards recently put 
in place: 
 
- Regulatory changes now provide for criminal sanctions 
against Returning Officers and Presiding Officers who 
report total elections results at polling stations that 
exceed the number of registered voters for the stations. 
Further, the ECK has the authority to nullify the results 
of such polling stations. 
 
- Returning Officers have been rotated so they no longer 
serve in their home areas. 
 
¶6. (U) At the end of the closed meeting, press was 
invited in.  In very brief remarks the Chair emphasized 
that the Chiefs of Mission visiting the ECK represented 
true friends of Kenya and countries that were proving 
morale and finance support for the elections. 
 
¶7. (SBU) Comment:  The US Mission has led those 
diplomatic missions providing assistance for the 
electoral effort in a coordinated campaign to encourage 
ECK Chairman Kivuitu's re-appointment.  Given the high 
number of inexperienced, newly appointed commissioners, 
it is crucial that experienced, competent and committed 
Kivuitu remain at the helm of ECK. 
 
NAIROBI 00004435  002 OF 002 
 
 
 
RANNEBERGER