VZCZCXYZ0009
RR RUEHWEB

DE RUEHNR #4483/01 3231200
ZNR UUUUU ZZH
R 191200Z NOV 07
FM AMEMBASSY NAIROBI
TO SECSTATE WASHDC 3503

UNCLAS NAIROBI 004483 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV KE
SUBJECT: NINTH PARLIAMENT WRAP UP (CORRECTED FORMAT) 
 
REF: A. NAIROBI 4186 
 
     ¶B. NAIROBI 3994 
     ¶C. NAIROBI3830 
     ¶D. NAIROBI0219 
     ¶E. 06 NAIROBI 04336 
 
¶1. (U) President Kibaki dissolved the Ninth Parliament of 
Kenya on October 22, 2007, ending its five year term. 
Overall, its record was mixed. Parliament made strides 
strengthening its role as an independent branch of 
government. At times Parliament served as an effective 
counterweight to the historically-dominant executive branch, 
particularly in the field of financial oversight.  The Ninth 
Parliament also had the highest number of women MPs of any 
Kenyan parliament, 18 out of 222 members.  Women members made 
substantial contributions to key legislation, although their 
numbers remain low in absolute terms. It passed significant 
legislation in governance and ethics reform and established a 
community development fund, an important devolution of 
decision-making power over development assistance. Yet, 
domestic political infighting surrounding the 2005 
Constitutional referendum caused the parliament to lose its 
way.  Parliamentary party discipline collapsed as a result of 
political defections by members of both the government and 
opposition, causing critical legislation to stall: no bills 
were passed from January 2005 until May 2006. Parliament 
picked up the pace thereafter, and passed a raft of 
legislation in its final year and a half. It passed important 
framework legislation in the economic sector, potentially 
laying the groundwork for future economic growth and also 
passed a landmark Political Parties Bill, which is expected 
to reduce the number of political parties, curtail 
aisle-hopping defections, and create public political 
party financing. 
 
¶2. The Ninth Parliament, however, failed to pass anti-money 
laundering, anti-terrorism legislation and plea bargaining 
legislation - all key USG priorities.  We saw major red flags 
when Parliamentarians instead voted themselves enormous pay 
raises in the last year of their session.  Now earning over 
$15,000 a month with an extremely lucrative 
'golden-parachute' package, Kenya's legislators are among the 
most richly compensated in the world.  They also introduced 
anti- reform amendments and tried to unsuccessfully weaken 
the mandate of the Kenya Anti-Corruption Commission.  End 
Summary. 
 
A Strong Start: Governance reform to the fore 
--------------------------------------------- 
 
¶2.  (U) The Ninth Parliament began its session in February 
¶2003.  Reflecting the comprehensive victory of the coalition 
of the newly-elected President, Mwai Kibaki, the government 
had a 42-seat majority.  Parliament quickly adopted a raft of 
governance reform measures, many of which were prepared with 
the assistance of USG-funded programs.  These included the 
Public Officer Ethics Bill, the Anti-corruption and Economic 
Crimes Bill, The Privatization Bill, and The Public 
Procurement and Disposal Bill.   These measures provide a 
strong framework to bring Kenya's public sector in line with 
international standards. 
 
¶3. (U) One of the most popular pieces of legislation adopted 
by the Ninth Parliament was the Constituency Development Fund 
(CDF) Bill of 2003, landmark legislation which set aside 2.5 
percent of the development budget to be directed to 
parliamentary constituencies for local development projects. 
The funds are controlled by the MP of each constituency. 
While some complained that certain MPs did not use the funds 
for their intended purpose, CDF projects represent an 
important step in devolving development funds to the local 
level and have proved extremely popular with the public.  The 
Act was later amended to increase to 7.5 percent the earmark 
for CDF. Strengthened Parliamentary capacity 
----------------------------------- 
 
¶4.  (U) The Ninth Parliament took measures to strengthen 
capacity and increase its independence from the Executive 
branch.  Parliament stood up a Parliamentary Service 
Commission, a key step in institutionalizing legislative 
independence.  It also created a parliamentary Budget Office 
and a Legal Counsel office.  USG financed advisors worked 
with parliamentary staff to increase staff capacity to 
provide objective and professional advice.  Parliament also 
created a new standing committee, the Fiscal Analysis and 
Appropriations Committee, which will have the responsibility 
to engage the Ministry of Finance on the budget process when 
it first constitutes as a body next year.  These measures 
bore fruit:  in the final year of the Ninth Parliament, MPs 
introduced and passed more than 25 amendments to the Finance 
Bill and rejected the government,s attempt to weaken the 
independence of the Central Bank Governor. 
 
¶5.  (U) The parliament committee system was increasingly 
utilized during the Ninth Parliament.  Committee meetings 
were held more regularly and reported to the body more often. 
 Committees prepared 67 oversight reports compared to 27 
reports prepared for the Eighth Parliament.  Two 
parliamentary committees, the Public Accounts Committee (PAC) 
and the Public Investments Committee (PIC) aggressively 
asserted their prerogatives to investigate shady public 
dealings.  The PAC conducted an investigation of the 
Anglo-Leasing corruption scandal.  Although the report was 
never released publicly, it was leaked by a 
parliamentarian creating a public outcry and putting pressure 
on the government to prosecute those involved.  The PIC also 
conducted an investigation into the ownership structure of 
Safaricom, uncovering a questionable transfer of 5 percent of 
ownership in the partially publicly-owned telecommunications 
provider. 
 
The Role of Women 
------------------------ 
 
¶6.  (U) The Ninth parliament had the highest number of women 
parliamentarians of any parliament inQenya,s history, 18 
out of 222, although this number remains low in absolute 
terms.  Women legislators successfully proposed the Sexual 
Offenses Bill of 2006, and played key roles in the passage of 
important legislation such as the Suppliers Practitioners 
Management Bill of 2007. 
 
Losing the plot:  the 2005 Constitutional Referendum 
--------------------------------------------- ------- 
 
¶7.  (U) The divisive political battle over the President,s 
attempt to pass a new constitution paralyzed Kenyan politics 
for much of 2005, as the entire parliament became obsessed 
with the constitutional review.  Shifting political 
alignments after the failed 2005 referendum caused confusion, 
with the line between government and opposition blurred by 
mutual defections. Parliamentary party discipline collapsed 
as a result, causing critical legislation to stall.  As a 
result of the political paralysis, the Ninth Parliament 
passed no legislation from January 2005 until May 2006. 
 
Post-Referendum: Some Success 
----------------------------- 
 
¶8. (U) When the Ninth Parliament resumed activities, economic 
measures featured prominently.  It passed legislation aimed 
at boosting the cotton industry, better regulating maritime 
affairs, and reforming the statistics bureau.  It also passed 
significant legislation regulating microfinance, the 
insurance sector, and established a unified energy regulatory 
body.  The Ninth Parliament ended on a positive note, with 
the eleventh hour passage of the Political Parties Bill, 
which is expected to consolidate the number of political 
parties (now at 110), curtail aisle-hopping defections, and 
create public political party financing.  It also continued 
work on reforming its internal rules of procedures.  As 
drafted, the new rules would make parliament,s work more 
transparent and public: it envisions committee proceedings 
open to the public, introduces provisions allowing the public 
to petition parliament directly, and compels ministers to 
respond to questions filed by MPs within 48 hours.  We expect 
ratification of the new rules of procedure to be at the top 
of the agenda for the Tenth Parliament. 
 
Post-Referendum Red Flags 
------------------------- 
 
¶9.  (U) However, the Ninth Parliament also became notorious 
for its shamelessly self-serving and greedy legislation.  It 
voted itself a shocking pay increase and generous severance 
benefits, causing public outcry.  Kenyan's parliamentarians 
now earn over $15,000 a month, which along with an extremely 
lucrative 'golden parachute' package, make its members among 
the most highly compensated in the world.  Members, 
furthermore, introduced anti-reform amendments to the Media 
Bill of 2007 and sought to grant immunity to acts of 
corruption occurring prior to 2003, although both ultimately 
failed to pass due to President Kibaki,s refusal to consent 
to the measures.  Parliament also failed to enact anti-money 
laundering and anti-terrorist legislation- key USG priorities 
- and legislation to enable plea bargaining, a critical step 
towards decreasing the backlog of cases choking the Kenyan 
criminal justice system. 
 
Comment 
------- 
 
¶10.  (U) With the anticipated high turnover of MPs following 
the December 27 national elections in Kenya - and most 
pundits estimate that well over 60 percent or more of Kenya's 
incumbents will lose - Post will wait to map out a specific 
legislative strategy after the elections.  We are on the 
campaign trail now, however, and building relationships with 
future MPs that should serve us well over the next 5 years. 
 
 
RANNEBERGER