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FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5537
INFO RUCNIAD/IGAD COLLECTIVE
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RUEHDR/AMEMBASSY DAR ES SALAAM 5938
RUEHDJ/AMEMBASSY DJIBOUTI 5236
RUEHKM/AMEMBASSY KAMPALA 2769
RUEHKH/AMEMBASSY KHARTOUM 2015
RUEHLO/AMEMBASSY LONDON 2789
RUEHFR/AMEMBASSY PARIS 2711
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA

UNCLAS SECTION 01 OF 03 NAIROBI 001041 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: KENYA'S CABINET SWORN IN: AN OVERVIEW 
 
REF: A. NAIROBI 999 
     ¶B. NAIROBI 989 
     ¶C. NAIROBI 960 AND OTHERS 
 
 ------- 
  SUMMARY 
  ------- 
 
¶1. (U) Ending weeks of contentious in-fighting between 
President Kibaki's Party of National Unity (PNU) and Prime 
Minister Odinga's Orange Democratic Movement (ODM), Kenya's 
expanded cabinet was sworn in today, April 17, with much pomp 
and ceremony.  As announced by the President on April 13 (see 
refs A and B), the 40 ministries are evenly split between 
PNU, its affiliates, and ODM.  Odinga was appointed Prime 
Minister.  ODM's Musalia Mudavadi and KANU's Uhuru Kenyatta 
were appointed Deputy Prime Ministers.  PNU kept a number of 
important ministries (Internal Security, Defense, Finance, 
Justice, and Foreign Affairs), but ceded Local Government and 
Public Service.  Civil society has criticized the size of the 
new government as inefficient and expensive.  The government 
takes regional and ethnic balance into account and broadly 
reflects Kenya's demographics.  Gender balance also factored 
and seven women ministers were named.  A couple of ministers 
named have been implicated in alleged corruption and other 
scandals.  Many ministers have worked together in the past, 
but there are still major questions about how well the 
coalition will function.  Key issues, such as the exact 
powers of the Prime Minister, the delineation of powers of 
the ministries, and appointments of senior civil service 
members, still need to be resolved.  These issues will be key 
in determining the ability of the new government to function 
effectively and we remain heavily engaged in helping the 
parties address these issues.  End Summary. 
 
------------------------------- 
Finally, White Smoke Appears... 
------------------------------- 
 
¶2.  (U) After weeks of negotiations, the cabinet deal was 
finally announced to an expectant nation on April 13 
(reftels) and, amid much pomp and ceremony, cabinet members 
were finally sworn in this afternoon, April 17.  Raila Odinga 
was named Prime Minister, with ODM's Musalia Mudavadi and 
Uhuru Kenyatta named as Deputy Prime Ministers.  Mudavadi and 
Kenyatta will also hold the Local Government and Trade 
portfolios, respectively.  Including the Prime Minister and 
the Attorney General, the total size of the Cabinet is 42. 
The number of government ministries increased by six over the 
previous government.  Three entirely new ministries were 
created --  Nairobi Metropolitan Development, Northern 
Kenya/Arid Lands, and Industrialization.  Others were created 
by splitting existing ministries; Health was divided into 
Public Health/Sanitation and Medical Services, separate Roads 
and Public Works Ministries were created from what had been 
one ministry.  The previous Livestock and Fisheries 
Development Ministry was also split in half.  Previously 
every ministry had two assistant ministers; in the current 
government only ten ministries have two assistant ministers. 
Since all ministers must be sitting MPs, however, 92 out of 
222 parliamentarians now serve in the executive branch. 
Assistant ministers were named from the opposite party as the 
ministers to ensure balance. 
 
¶3. (U) In naming the government, Kibaki and Raila relied 
heavily on experienced MPs.  The 70 percent turnover rate 
from the Ninth Parliament left a relatively shallow pool of 
experienced MPs.  Since cabinet ministers are ineligible to 
sit on parliamentary committees, important legislative and 
oversight functions of parliament will be left largely to 
inexperienced MPs. 
 
------------------------------------------- 
...and PNU Maintains Most of Its Ministries 
------------------------------------------- 
 
¶4.  (U) In the new government, PNU maintained control of most 
of the 18 ministries of the "half-government" named by 
President Kibaki in early January.  Throughout the 
negotiations, ODM sought an even share of seven "power" 
 
NAIROBI 00001041  002 OF 003 
 
 
ministries.  In the new government,  PNU maintained control 
over the majority of these -- Internal Security, Finance, 
Justice, Foreign Affairs, and Defense -- ceding only Local 
Government and Public Service ministries to ODM.  PNU also 
maintained control over Energy, Home Affairs, Transport, and 
Housing. PNU contacts have said that the party is generally 
satisfied with the outcome of the negotiations, but 
acknowledged some hard-liners still feel too much was given 
away. 
 
¶5.  (U) Sixteen of the 18 ministers named by Kibaki in 
January were retained in the new government.  Some personnel 
shifts were required, however.  Most importantly, Uhuru 
Kenyatta was moved from Local Government to Trade. He was 
compensated by being elevated to Deputy Prime Minister. 
Long-time Kibaki loyalist John Michuki was moved from his 
post at Road and Public Works to the less prestigious 
Environment and Mineral Resources Ministry.  Two minor 
ministers lost their posts; each was appointed as an 
assistant minister. 
 
--------------------------------- 
ODM: "We should have done better" 
--------------------------------- 
 
¶6.  (U)  Ministries which ODM got, such as Lands, 
Water/Irrigation, Public Works, Roads, and Agriculture, are 
key to implementing its reform and development agenda.  Some 
ODM MPs have complained publicly about the deal.  ODM 
spokesman Salim Lone told us that Odinga decided to put the 
national interest above the party's interest and accepted the 
"best deal he could get".  Lone acknowledged that some are 
dissatisfied, but stated that the party was dedicated to 
making the government work. 
 
¶7.  (U) All of the key ODM party leadership ("the Pentagon") 
and negotiating team members received ministerial posts. 
Pentagon member (and Rift Valley kingpin) William Ruto was 
appointed Minister of Agriculture.  This position gives him a 
key role in restarting agricultural production affected by 
the post-election violence.  He will also control 22 
parastatal corporations.  This will present the challenge -- 
and opportunity -- of resettling hundreds of thousands of 
Kikuyu farmers driven out of the Rift Valley by Ruto's 
Kalenjin tribesmen during the post-election crisis. The PNU 
and Kibaki were not happy about Ruto's appointment because 
they allege he was responsible for anti-Kikuyu violence in 
Rift Valley.  However, Kibaki did not seek to veto the 
appointment. 
 
-------------------------------------------- 
Civil Society Criticizes "Bloated" Government 
-------------------------------------------- 
 
¶8.  (U) Civil society groups criticized the new government as 
bloated and expensive.  During the negotiations, civil 
society groups had demanded a government of not more than 25 
ministries.  This demand was echoed by segments of the media, 
particularly the influential Daily Nation newspaper, which 
proposed a 24 member government.  In the end, Kibaki and 
Odinga ignored these calls.  After the announcement, groups 
criticized the cost of such a large government given the 
problems that Kenya faces.  They also condemned Kibaki and 
Odinga for rewarding tribal leaders.  For their part, Kibaki 
and Odinga argued that a large government was required to 
ensure regional balance and harmony. 
 
------------------------------------ 
Regional, Ethnic, and Gender Balance 
------------------------------------ 
 
¶9.  (U) The new government broadly reflects regional and 
ethnic balance.  Rift Valley Province received nine 
ministerial positions, while Western received eight, followed 
by Nyanza and Eastern Province with six each.  Central 
Province got five ministerial positions, Coast Province got 
four, while North Eastern and Nairobi each received two. 
 
¶10.  (U) On ethnic balance, the GEMA grouping (Kikuyu, Embu, 
Meru) has nine ministerial positions, while Kalenjin/Maasai 
 
NAIROBI 00001041  003 OF 003 
 
 
received eight, followed by Luhya with seven (eight, 
including the Attorney General).  There are five Luo 
Ministers and five Muslim ministers.  There are three Kamba 
ministers, while western Bantu groups (Kisii/Kuria) received 
two ministerial positions.  The rest were filled from smaller 
ethnic groups. 
 
¶11.  (U) Gender balance was taken into account in government 
formation.  The previous cabinet had one female minister. 
This cabinet has seven.  The most important ministries held 
by women are Justice (Martha Karua) and Special Programs 
(Naomi Shaban).  This significant increase still falls short 
of Kibaki's stated goal of 30% of posts for women, but is in 
proportion women's numbers in parliament. 
 
----------------------------- 
Some Questionable Appointments 
----------------------------- 
 
¶12.  (SBU) The new government contains some ministers and 
assistant ministers on both sides who have been linked to 
allegations of corruption, ethnic violence, and/or criminal 
activities.  On the PNU side, Internal Security Minister 
George Saitoti is noted for his competence, but is also an 
architect and beneficiary of the Goldenberg scandal of the 
1990s.  Transport Minister Chirau Ali Mwakwere is allegedly 
involved in corruption..  Assistant Transport Minister John 
Harun Mwau is reputedly involved in drug trafficking. 
 
¶13.  (SBU) Some ODM ministers also have checkered 
reputations.  Minister of Roads Kipkalya Kones served as 
Roads Minister in the Moi era and was notorious for demanding 
bribes to award contracts.  Minister of Regional Development 
Authorities Fred Gumo and Agriculture Minister William Ruto 
have been allegedly linked to corrupt public land deals. 
Minister of National Heritage and Culture William Ole Ntimama 
is allegedly linked to both corruption and ethnic violence 
during the Moi era.  William Ruto is also suspected of 
involvement in recent ethnic violence in Rift Valley and 
similar violence during the 1990s. 
 
------- 
COMMENT 
------- 
 
¶14. (U) There are reasons for cautious optimism.  President 
Kibaki wants success to rebuild his international image and 
legacy.  Prime Minister Odinga wants to prove he can govern 
effectively and advance his reform agenda.  Many government 
members have worked together with success in the past: 28 
current ministers or assistant ministers served in the 2001 
government KANU formed with the Odinga-led NDP party.  On the 
other hand, key issues must still be resolved, including 
agreement on how the powers of the prime minister to 
supervise and coordinate the government will be exercised 
vis-a-vis the president.  The appointment of high-level civil 
servants and parastatal heads remains to be worked out.  We 
are intensively engaged to help the parties address these 
issues and to support the coalition government to be 
effective.  End Comment. 
 
RANNEBERGER