VZCZCXRO2697
PP RUEHROV
DE RUEHNR #2747/01 3451238
ZNR UUUUU ZZH
P 101238Z DEC 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 7845
INFO RUCNIAD/IGAD COLLECTIVE
RUEHDR/AMEMBASSY DAR ES SALAAM 6215
RUEHDJ/AMEMBASSY DJIBOUTI 5469
RHMFIUU/CJTF HOA

UNCLAS SECTION 01 OF 02 NAIROBI 002747 
 
SIPDIS 
 
DEPARTMENT FOR AF/E, LONDON, PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM KE
SUBJECT: GOK PREPARES TO OUST ELECTORAL COMMISSION 
 
REF: A. A. NAIROBI 2221 
     ¶B. B. NAIROBI 869 
     ¶C. C. NAIROBI 792 
 
------- 
 SUMMARY 
 ------- 
 
¶1.  On November 27, the Cabinet approved a draft 
constitutional amendment which will disband the Electoral 
Commission of Kenya (ECK) and remove all 22 current ECK 
commissioners.  If, as expected, Parliament approves the 
measure before it recesses on December 18, the ECK will be 
replaced by an Interim Electoral Commission tasked with 
preparing the groundwork for a referendum on a new 
constitution that will be held in approximately one year. 
Passage of the amendment will be a welcome first step toward 
electoral reform and, if competent professionals are chosen, 
will reduce the possibility that the constitutional 
referendum will prove a flashpoint for renewed violence.  We 
stand ready to consider providing assistance to the new body. 
 We will follow progress and weigh in, where necessary, to 
press for further electoral reforms.  End Summary. 
 
--------------- 
OUSTING THE ECK 
--------------- 
 
¶2.  Pressure to disband the Electoral Commission of Kenya 
(ECK) has been building since the December 2007 general 
elections, when the ECK pronounced the Party of National 
Unity (PNU) presidential candidate, President Mwai Kibaki, 
had been re-elected under controversial circumstances.  The 
announcement spurred a post-election crisis when supporters 
of the opposition Orange Democratic Movement (ODM) refused to 
recognize the result.  The crisis was resolved when the PNU 
and ODM agreed to form a Grand Coalition government in late 
February 2008.  As part of the power-sharing deal that ended 
the crisis, the PNU and ODM agreed to form a commission 
(known as the Kriegler Commission) to evaluate he integrity 
of the 2007 elections and to propose reforms to Kenya's 
electoral framework (ref c).  The parties also agreed to 
write a new constitution, a process which is expected to last 
approximately one year (ref c). 
 
¶3.  The Kriegler Commission presented its report to President 
Kibaki in September 2008 (ref a).  The report found no 
evidence that the presidential elections had been rigged, but 
it roundly criticized the ECK for having failed to institute 
safeguards to protect the integrity of the elections. 
According to the report the election results at all levels 
were "irretrievably polluted" due to ECK incompetence.  The 
Kriegler Commission recommended that the GOK disband the ECK 
and create a new electoral body. 
 
¶4.  Upon receiving the Kriegler report, President Kibaki and 
Prime Minister Raila Odinga formed a Cabinet sub-committee to 
create an implementation plan.  However, efforts to scrap the 
ECK and remove its commissioners were complicated by the fact 
that ECK commissioners enjoy security of tenure, which is 
embedded in the constitution, and can only be removed for 
cause.  On November 27, the Cabinet approved a Constitutional 
Amendment Bill (the Amendment) which, if passed by 
Parliament, will disband the ECK and remove all 22 current 
ECK commissioners from office.  The Amendment will replace 
the ECK with an Interim Electoral Commission (IEC), tasked 
with administering the national referendum on a new 
constitution, as called for in the National Accord and 
Reconciliation Act of 2008.  The IEC is also tasked with 
updating and correcting the voters register, which the 
Kriegler report criticized for being inaccurate and 
contributing to voter fraud.  To avoid politicization of the 
new body, IEC commissioners will be appointed after a public 
application process which Parliament will oversee.  Under the 
Amendment, the IEC will operate for no more than 15 months or 
until it organizes the referendum on a new constitution, 
whichever comes first.  Parliament is expected to debate the 
Amendment before it adjourns on December 18. 
 
¶5.  COMMENT:  We expect Parliament to adopt the Amendment 
before it adjourns on December 18.  The transparent selection 
procedure for IEC commissioners in the Amendment is an 
important step towards creating public confidence in the 
body.  The success of the IEC will, of course, be determined 
by the caliber of appointees, but passage of the Amendment 
will represent a welcome first step toward long-overdue 
reform of Kenya's electoral framework.  We stand ready to 
consider providing assistance to the IEC.  We are continuing 
 
NAIROBI 00002747  002 OF 002 
 
 
to press hard for action.  End Comment. 
RANNEBERGER