VZCZCXRO3105
PP RUEHROV
DE RUEHNR #0369/01 0571034
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P 261034Z FEB 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 8607
RUCNIAD/IGAD COLLECTIVE
RUEHDR/AMEMBASSY DAR ES SALAAM 6351
RUEHDJ/AMEMBASSY DJIBOUTI 0031
RHMFIUU/CJTF HOA
RUZEFAA/CDR USAFRICOM STUTTGART GE
RUZEFAA/HQ USAFRICOM STUTTGART GE
RUEHLO/AMEMBASSY LONDON 3089
RUEHFR/AMEMBASSY PARIS 2971

UNCLAS SECTION 01 OF 02 NAIROBI 000369 
 
SIPDIS 
 
DEPT FOR AF/E, DRL FOR MOLLIE DAVIS, LONDON AND PARIS FOR AFRICA 
WATHCERS 
E.O.12958: N/A 
TAGS: PHUM PGOV PREL ASEC MOPS KE
SUBJECT:  JOINT HEADS OF MISSION STATEMENT ON IMPUNITY IN KENYA 
 
¶1.  On February 26, the Ambassador joined in a statement on 
impunity in Kenya, which was issued by Heads of Mission in Nairobi 
regarding impunity in Kenya. 
 
Begin text: 
Statement on impunity in Kenya 
 
We, the undersigned heads of diplomatic missions in Nairobi, welcome 
Professor 
Philip Alston's statement, UN Special Rapporteur on Extrajudicial, 
Summary and 
Arbitrary Executions, at the end of his visit to Kenya on 25 
February 2009. We 
consider his mission as an important element in efforts to ensure 
that the 
Kenyan reform agenda remains on track. Ending impunity, and impunity 
for acts 
committed by state officials in particular, forms an indelible part 
of the 
commitments undertaken as part of the Kenyan National Reconciliation 
Act. We 
are deeply concerned by Professor Alston's findings and urge the 
Government of 
Kenya to urgently consider what action it will take on his 
recommendations. 
These should not simply be dismissed. Action on the report and on 
the security 
reform elements of the Waki Report and Agenda 4, particularly the 
formation of 
the Police Reform Group and the Independent Police Complaints 
Commission, 
would constitute a clear signal that the Government is committed to 
reform and 
that it does not hesitate to show leadership in eradicating impunity 
and its 
pervasive effects on the country and its citizens. 
 
In this light, we also welcome the statement by H.E. Mr. Kofi Annan, 
Chair of 
the Panel of Eminent African Personalities, dated 24 February 2009, 
about a 
Special Tribunal of Kenya. We are encouraged by the Panel's strong 
commitment 
to remain engaged. We share Mr. Annan's sentiment that failure by 
the Kenyan 
Government and Parliament to create a Special Tribunal would 
"constitute a 
major setback in the fight against impunity and may threaten the 
whole reform 
agenda in Kenya". Like Mr. Annan we welcome promised efforts by the 
H.E. 
President Mwai Kibaki and the Right Honorable Prime Minister to 
re-engage 
parliament to ensure the enactment of necessary legislation to 
establish a 
Special Tribunal. 
 
On our part we urge Government and Parliament to take seriously 
their 
responsibility to ensure that justice prevails. The creation of a 
Special 
Tribunal to prosecute those responsible for the post-election 
violence will be 
an important step in efforts to end impunity and foster healing and 
 
reconciliation. At the same time we understand the reservations many 
Kenyans 
express about a national process and we regret that the debate 
thusfar has 
been lacking transparancy and inclusivity. Therefore we urge the 
Government to 
consult with all sectors of society and act in a transparent manner, 
and to 
take all necessary steps to create a credible and robust tribunal as 
soon as 
possible. Among aspects important for ensuring the credibility of 
the tribunal 
are guaranteeing its independence (to be reinforced by strong 
international 
representation (judges, prosecutors) - and providing proper 
conditions for an 
effective and independent witness protection programme. At the same 
time, a 
 
NAIROBI 00000369  002 OF 002 
 
 
local tribunal could help in rebuilding confidence in the country's 
judiciary. 
In parallel, judicial reform and action against corruption should be 
urgently 
considered as a further means to rebuild confidence. 
 
Participating missions in alphabetical order: 
 
Canada 
Denmark 
Finland 
France 
Germany 
Netherlands 
Norway 
Sweden 
Switzerland 
United Kingdom 
United States of America 
 
End Text. 
 
RANNEBERGER