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UNCLAS SECTION 01 OF 05 NAIROBI 000680 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AF/E 
LONDON, PARIS FOR AFRICA WATCHER 
 
E.O.12958: N/A 
TAGS: PREL PGOV KDEM KE
SUBJECT: Ambassador Addresses Kenya Law Society 
 
 
¶1.  The following is the text of a speech delivered by the 
Ambassador to the Law Society of Kenya's Annual Dinner on 
March 8.  It received extraordinary positive coverage in 
national and local television, radio, and print media: 
 
Begin text: 
 
--------------------------------------------- -------- 
From Crisis to Opportunity:  Sustaining Kenya on Its 
Democratic Path 
--------------------------------------------- -------- 
 
¶2.  Good evening.  I am honored and delighted to be 
invited to deliver the keynote address at the Law Society 
of Kenya's Annual Dinner. 
 
¶3.  I cannot think of a more appropriate venue at which to 
deliver remarks regarding the current situation.  You have 
grown from a society of less than 30 members in 1949 to 
become the largest and most respected bar association in 
East Africa.  You have helped shape the national debate 
on a wide range of issues including multi-party 
democracy, corruption, land reform, and constitutional 
reform, among others.  Your voices have been prominent and 
have thoughtfully influenced efforts to resolve the 
crisis of the past two months.  Your voices will continue 
to resonate as the country tackles the challenging agenda 
before it. 
 
¶4.  I make my remarks in the spirit of the strong 
partnership and friendship between the United States and 
Kenya.  We want to see Kenya sustained on its democratic 
path because that is in the best interests of all 
Kenyans, and because it is in our interest too.  I truly 
believe that the profound crisis that Kenya experienced 
provides an opportunity for the country to emerge with 
stronger democratic institutions, a more cohesive 
society, and an even more vibrant economy that can more 
equitably benefit all citizens. 
 
¶5.  I am confident that Kenyans will seize this historic 
opportunity.  My optimism is based on the substantial 
record of democratic achievement of the past five years, 
and on the successful way in which Kenyans resolved the 
electoral crisis.  Although the crisis unmasked long- 
simmering underlying problems, it also revealed 
underlying strengths. 
 
--------------------------------------------- ------- 
Kenya's Democracy -- Underlying Problems, Underlying 
Strengths 
--------------------------------------------- ------- 
 
¶6.  Few other African countries and few other developing 
countries anywhere in the world could have survived the 
tremendous strains placed on their institutions by such a 
political crisis.  The underlying strengths that helped 
Kenyans pull through include a dynamic civil society, 
strong religious institutions, the highest functional 
literacy rate in Africa, the enormous democratic space 
opened up since the 2002 elections, a forthright media, 
an increasingly modern and booming private sector, and a 
high rate of economic growth, to name just a few.  Yet 
another important institutional strength of Kenya must be 
noted:  the highly professional armed forces, whose 
integrity and professionalism shone throughout the 
crisis.  Despite all the of problems many prefer to dwell 
on -- including the undeniable inequity in the 
distribution of resources, corruption, and ethnic 
politics -- Kenyans have remained remarkably engaged in 
the political process, as evidenced by the high turnout 
in the elections. 
 
¶7.  Four factors brought the parties to the negotiating 
table and produced a positive outcome.  First and 
foremost, this democratic spirit was felt as Kenyans 
across the economic, social, ethnic, and political 
spectrum made their voices heard.  The people sent a clear 
message to their leaders on both sides that they wanted a 
political solution to end the violence and return the 
country to a path of progress.  Kenyans' voices were 
heard through civil society, religious groups, the media, 
and the private sector.  Kenyans placed remarkable 
pressure on the political leadership of both sides. 
 
NAIROBI 00000680  002 OF 005 
 
 
Second, international pressure complemented this domestic 
outcry, and made clear to both sides that there was no 
viable alternative other than a political accord. 
Secretary of State Rice and Assistant Secretary Frazer 
 
SIPDIS 
traveled to Kenya to bolster the efforts of the African 
Union and Kofi Annan and urge an immediate end to 
violence.  Third, President Kibaki and Honorable Odinga 
are essentially pragmatic politicians who have worked 
together before and who realized that they are 
accountable to the people.  They saw that sharing power 
was the only way to prevent the country from slipping 
into chaos and isolation.  Fourth, the negotiations 
greatly benefited from the skillful and forceful 
direction of Kofi Annan and his team.  Kenya and friends 
of Kenya are grateful for their important contribution to 
peace in this country. 
 
¶8.  Kenyans should be justifiably proud that they have 
been able to find a way back from the edge of the abyss 
and sustain the country on a democratic path.  The 
prevailing mood I sense in Nairobi and across the nation 
is one of immense relief, with a positive focus on the 
way forward.  I found this to be true in the Rift Valley, 
during my visit on March 1st and 2nd.  One highlight of 
that visit was speaking to several thousand primarily 
Kikuyu internally displaced persons at their camp and 
later -- not more than one kilometer away -- speaking at a 
peace rally attended by thousands of Kalenjins.  My 
remarks to both groups about the need for reconciliation, 
support for implementation of the political accord, and 
justice were well-received. 
 
--------------- 
The Way Forward 
--------------- 
 
¶9.  I am proud that the United States stood shoulder-to- 
shoulder with Kenya in its darkest hour, at times pushing 
both sides harder than they wanted to be pushed, because 
that is what a real friend does.  In that same spirit of 
friendship, let me offer my thoughts on the steps that 
need to be taken quickly in order to maintain momentum. 
 
¶10.  First, President Kibaki and the Honorable Odinga must 
work together effectively to put in place the coalition 
government in a way that reflects the letter and spirit 
of the agreements signed.  Government positions must be 
equitably shared but, even more importantly, immediate 
steps must be taken to carry through with the ambitious 
reform and national policy agendas, particularly with 
respect to constitutional, electoral, and land reform. 
 
¶11.  Second, a transparent process must be put in place to 
begin work on the reform agenda, to be completed within a 
designated timeframe.  Work on the reform agenda needs to 
be inclusive, particularly through consultation with 
civil society. 
 
¶12.  Third, the Parliament must quickly pass the necessary 
legislation to make the coalition structure legal and 
constitutional.  Let us not forget that well over 60 
percent of all sitting MPs are newcomers who are being 
asked, without the benefit of orientation or training, to 
implement some of the most important legislation in 
Kenya's history, and then to deal with sweeping and long 
overdue reforms.  The dynamic leadership of Honorable 
Speaker Marende and the political will -- and goodwill 
-- of parliamentary leaders will be required to move 
forward quickly. 
 
¶13.  Fourth, political leaders, elders, and the respected 
personalities of Kenyan society from the top down must 
cooperate to send unequivocal messages on the importance 
of rapid reconciliation between communities and 
individuals.  I urge President Kibaki and Honorable 
Odinga to undertake joint visits to encourage 
reconciliation, and to lead by example. 
 
¶14.  Fifth, urgent practical steps must be taken to 
advance the process of reconciliation by helping the 
country deal with the havoc wreaked during the crisis. 
This includes returning people to their homes in 
conditions of peace and safety as quickly as possible, 
and restoring their livelihoods.  While returns must be 
 
NAIROBI 00000680  003 OF 005 
 
 
voluntary, the right of every Kenyan to live and to own 
property anywhere in the country must be assured. 
Returning displaced to their so-called 'ancestral 
homelands' is not a viable option politically, socially, 
or economically.  Diversity is one of this country's 
greatest strengths and it must be cherished.  If people 
cannot return to their homes, it will validate violence 
and weaken the fabric of the nation.  At the same time, 
appropriate assistance should be provided for all areas 
of the country affected by violence. 
 
¶15.  Sixth, steps to promote reconciliation must include 
establishing a legally independent Peace, Truth, and 
Justice Commission and holding those responsible 
accountable under the law.  Kenyans are giving real 
meaning to my favorite verse in your national anthem: 
haki iwe ngao na mlinzi (justice is my shield and 
defender).  One of the most important results of the 
mediation process was agreement to examine Kenya's 
history of violence and the long-stranding grievances 
which fuel it.  The proposed Peace, Truth, and Justice 
Commission must provide a meaningful channel for Kenyans 
to address both recent and historical injustices.  In 
conjunction with Kenya's criminal courts, this process 
must determine what happened during the recent violence 
and hold those accountable who organized, financed, and 
perpetrated the violence.  Land issues are the basis of 
many of the long-standing grievances and the causes of 
violence.  Instituting a process of land reform will be 
critical to fostering reconciliation and building long- 
term peace in Kenya. 
 
¶16.  Seventh, the Independent Review Commission charged 
with investigating the conduct of the 2007 general 
elections must credibly complete its work within the 
proposed timeframe.  Chain of custody issues make it 
highly likely that we will never know what the actual 
vote was, but determining where and how the electoral 
system broke down is vitally important to fixing it and 
restoring Kenyans' confidence in the democratic system. 
 
¶17.  Eighth, the crisis put into sharp relief the plight 
of youth, and that problem must be addressed.  The 
massive unemployment among youth provided fuel for 
violence.  A national youth agenda needs to expand 
vocational training and employment. 
 
¶18.  Ninth, concerted efforts must be made to get the 
economy back on track. 
 
¶19.  Only an inclusive process can turn the crisis that 
the country experienced into an opportunity.  It will be 
up to you and to all Kenyans to insist that this be the 
case.  President Kibaki and Honorable Odinga have found 
the political will to share power within a 'grand 
coalition' government.  How long this political will 
endures depends entirely on whether Kenyans take 
immediate and decisive advantage of the momentum at hand. 
Kenya has a finite window of time to address an ambitious 
reform agenda. 
 
¶20.  Perhaps the most important item on the reform agenda 
is constitutional change.  Kenyans relentlessly debated 
almost every salient issue during the 2005 referendum, 
and did so after a broad consultative process.  This 
shared national experience should give Kenya's new 
parliamentary leaders a running start on resolving even 
the most difficult issues at hand.  LSK's Constitutional 
Law Committee Report of 2006 makes it perfectly clear, 
however, that -- this time -- constitutional reform must be 
gotten right.  In the report, you said: '[T]he 
ramifications of the failed 2005 referendum... was a 
national catastrophe in which everybody lost.  Billions 
of shillings of public money set aside for the 
constitutional review process were lost.  And worst of 
all, we emerged from the referendum a nation severely 
torn by ethnic balkanization.'  Obviously, the stakes are 
an order of magnitude higher today.  There can be no 
second failure. 
 
¶21.  While the current political accord justifiably 
focuses primarily on constitutional, electoral, and land 
reform, it is important not to lose sight of other 
pressing issues which must be addressed.  These include 
 
NAIROBI 00000680  004 OF 005 
 
 
intensified and more effective efforts to combat 
corruption; continued liberalization of the economic 
sector; and promoting gender equity, among others.  There 
is an urgent need for reform in the judicial sector as 
has been made clear by the Chief Justice himself.  This 
will require providing more resources for the judiciary, 
tackling judicial corruption by ensuring transparency and 
accountability, and making judicial proceeding more 
efficient and open.  With an efficient, transparent and 
non-partisan justice system, Kenyans will no longer feel 
forced to take the law into their own hands.  I salute 
the LSK's leadership in the fight for legal and judicial 
reform. 
 
--------------------------------------------- --- 
Democracies in Crisis -- the American Experience 
--------------------------------------------- --- 
 
¶22.  The fact that Kenya has experienced such a 
fundamental crisis does not mean that the democratic 
progress made during the past five years was an illusion 
or that in some way Kenya is a fundamentally flawed 
country.  Almost all democracies have experienced crises 
of similar or greater magnitude.  Our own experience as 
Americans helps us understand what transpired here. 
 
¶23.  The experience of the Great Depression in my country 
exemplifies how a galvanized political leadership, 
sharing a unity of purpose, can move an entire country 
from fear and misery to prosperity and national renewal. 
Assuming the presidency almost 75 years ago to this very 
day and at the depth of the Great Depression, Franklin 
Delano Roosevelt vividly described the America he saw at 
the time of his inauguration:  '[T]he withered leaves of 
industrial enterprise lie on every side, farmers find no 
markets for their produce, the savings of many years in 
thousands of families are gone.  More important, a host 
of unemployed citizens face the grim problem of 
existence, and an equally great number toil with little 
return.'  When President Roosevelt memorably went on to 
state that, 'the only thing we have to fear is fear 
itself,' he was really asking Americans to have faith in 
their government and -- most especially -- in each other. 
Capitalizing on broad support from Republicans and 
Democrats alike, FDR passed an extraordinary amount of 
legislation during his first 100 days in office.  The New 
Deal, as it became known, reformed the very fabric of 
American business and society.  The New Deal created 
jobs, including through a National Youth Administration. 
It included passage of sweeping farm and ranch policies. 
 
¶24.  The New Deal transformed our nation, and America 
emerged from a profound crisis with stronger 
institutions. 
 
¶25.  Another American experience also exemplifies how 
crisis can be turned into opportunity for national 
renewal.  After the Reverend Dr. Martin Luther King was 
assassinated in 1968, many of the largest U.S. cities 
erupted into violence.  This became so serious that 
military forces had to be deployed to restore order.  The 
assassination was the spark that set off the riots, but 
the violence reflected the anger of the black population 
of the United States regarding underlying grievances not 
resolved since the Civil War 100 years before.  Once 
again, Americans rose to the challenge and seized the 
opportunity for fundamental change.  Poverty programs 
were expanded, urban problems were addressed, the inner 
cities were rebuilt, and civil rights legislation was 
passed.  As a result, our country again emerged with 
stronger institutions, a stronger economy, and a more 
inclusive society. 
 
----------------------------------------- 
Kenya, the U.S., and the Global Community 
----------------------------------------- 
 
¶26.  The extraordinary amount of attention Kenya received 
during the crisis reflects its importance in the regional 
and global context.  The crisis demonstrated that Kenyan 
stability is critical to the economies and the stability 
of the entire region.  Kenya is home to the most 
effective peacekeeping training facility in the region. 
Kenya's leadership on Sudan directly led to the 
 
NAIROBI 00000680  005 OF 005 
 
 
Comprehensive Peace Agreement.  The Nairobi Accord helped 
the governments of DRC and Rwanda adopt a common approach 
toward eliminating the threat posed by rebel forces. 
Bringing stability to Somalia requires Kenyan influence 
and assistance.  Kenya is now uniquely positioned to show 
the region and the world that through dialogue and a 
commitment to reform it is possible to rise above 
political crisis and come out even stronger than before. 
 
¶27.  Earlier this week I met separately with President 
Kibaki and Honorable Raila Odinga to discuss the way 
forward.  As a result of those conversations, I am 
convinced that both men understand the opportunity at 
hand.  They recognize that the seeds of Kenya's future 
must be planted now, and share a sense of urgency.  I 
told them that we want to help.  We are moving quickly to 
amplify the U.S.-Kenyan partnership, which already 
results in about $2 billion of resource flows from the 
United States to Kenya each year.  We will make a 
concerted effort to encourage expanded trade, investment, 
tourism, and cultural and educational exchanges. 
 
¶28.  I am pleased to announce that the United States will 
provide an additional USD25 million in funding for 
reconciliation and reconstruction.  This USD25 million is 
in addition to the USD14 million in immediate humanitarian 
assistance the United States has provided since January. 
This USD25 million will be used to: promote dialogue and 
reconciliation; facilitate the return of the displaced to 
their homes and resumption of their livelihoods, as well 
as assistance with related infrastructure and youth 
agenda programs; support for implementation of the 
coalition accord, particularly carrying through with the 
reform agenda; and assistance for key governance 
programs, including strengthening the Parliament and 
supporting as appropriate establishment of the new office 
of the Prime Minister.  We will, of course, consult 
closely with the coalition government and civil society 
as we move ahead. 
 
¶29.  Secretary of State Rice has also pledged to encourage 
other donors and international financial institutions to 
provide the support that Kenyans require in order to turn 
the crisis they experienced into an historic opportunity. 
Greater involvement by the international community will 
help to ensure that institutional reform is carried out 
in a timely manner.  In doing so, we will be supporting a 
Kenyan agenda implemented by Kenyans -- and not one 
imposed from outside.  International support will, of 
course, be linked to good faith efforts to implement the 
political accord and reform agenda.  This will complement 
the desire of Kenyans to hold their leaders accountable. 
 
¶30.  Kenya stands at a defining moment in its history. 
The political accord is the first step on what will be a 
long and challenging journey -- but the United States will 
travel it with you.  We are confident about Kenya's 
future, even 'bullish.' I wish the Law Society of Kenya 
and the Kenyan people well as you continue to pursue your 
democratic experiment -- one that Americans continue to 
pursue after 232 years of independence.  Thank you.  End text. 
RANNEBERGER