VZCZCXYZ0016
PP RUEHWEB

DE RUEHNR #0531/01 0751521
ZNR UUUUU ZZH
P 161521Z MAR 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 8845
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0448
RUEHDR/AMEMBASSY DAR ES SALAAM 6399
RUEHKM/AMEMBASSY KAMPALA 3183
RUEHLO/AMEMBASSY LONDON 3117
RUEHFR/AMEMBASSY PARIS 2982
RUEHRO/AMEMBASSY ROME 5418

UNCLAS NAIROBI 000531 
 
SIPDIS 
 
DEPARTMENT FOR AF/E 
LONDON, PARIS, ROME FOR AFRICA WATCHER 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM KE
SUBJECT: THE REFORM PROCESS IN KENYA: ENERGIZING CIVIL 
SOCIETY 
 
REF: A. NAIROBI 458 
     ¶B. NAIROBI 525 
 
SENSITIVE BUT UNCLASSIFIED -- ENTIRE TEXT. 
 
¶1. Peaceful pressure coming from civil society groups, 
religious organizations, the private sector, and the media 
were instrumental in helping resolve the crisis triggered by 
the December 2007 disputed elections.  Having undertaken some 
steps to implement relatively easy elements of the reform 
agenda, the coalition government has not moved forward on the 
really tough issues of tackling the culture of impunity 
relating to violence and corruption.  The strong role the 
United States played to help resolve the crisis gave 
encouragement to these groups to speak out.  Pressure on the 
coalition government from these same groups is essential to 
drive implementation of the reform agenda.  While we have 
been in constant contact with these groups, since early this 
year we have intensified engagement to encourage them to act 
in concert to push the reform agenda.  One element of this 
expanded engagement has been the creation of a new local 
staff position as a senior adviser to the Ambassador, with 
the main purpose of focusing on civil society. This message 
reports on the Ambassador,s recent meeting with 80 key civil 
society activists.  Key members of the Mission team joined 
the Ambassador and followed up with the participants. 
(Septels will report on meetings with the private sector, 
religious groups, and the media.) 
 
¶2. The Ambassador opened the meeting with a presentation of 
the U.S. view of the situation.  He recalled the key role 
that civil society played during the crisis, and emphasized 
the need to reconstitute the loose coalition of civil 
society, the private sector, religious groups, and the media 
to maintain pressure on the coalition government to implement 
the reform agenda.  He emphasized that civil society can 
count on strong U.S. support as they do so.  (Note:  Our 
offer of FBI investigative assistance in the case of the 
recent murders of two civil society activists has been warmly 
welcomed by civil society as a concrete demonstration of that 
commitment. (See reftel Nairobi 458: One of the murdered 
activists, John Paul Oulu, participated in the meeting and 
spoke about extrajudicial killings by the police)  The 
Ambassador made clear U.S. determination to bring about 
implementation of the reform agenda, pointing out that doing 
so is key to dealing with the culture of impunity and 
beginning the process of  fundamental change to strengthen 
democratic institutions.  The Ambassador pointed out that the 
reform process must be driven by peaceful demand from the 
Kenyan people.  The United States can offer a great deal of 
help and support, but change will not happen unless the 
Kenyan people insist upon it. 
 
¶3. Although there were some differences in perspective during 
the course of the two-hour discussion, the activists 
generally made the following main points: 
 
-- The coalition government will not tackle the culture of 
impunity without strong pressure from the United States (and 
others, but particularly the United States, they stressed). 
They noted that threatening to take away visas or actually 
doing so are among the most effective instruments of 
pressure.  (Note:  The threat to take away visas during the 
crisis last year is generally credited with having had a 
significant impact in pushing political leaders to reach a 
solution.)  Repeatedly they urged that we maintain and, if 
necessary, increase pressure on the coalition government. 
"You prepared Kenya with a vehicle for change," (the 
coalition government) one activist said, "but it has been 
hijacked by the vested interests." 
 
-- The activists all cited as positive the role the United 
States played to help resolve the crisis last year and 
expressed appreciation for continued U.S. activism and 
leadership, which is helping maintain the democratic space 
which civil society needs to operate. 
 
-- The activists expressed great appreciation for U.S. 
assistance programs, but stressed the need for more 
resources.  We briefed them on all that we are doing (through 
USAID, the Office of Transition Initiatives, the Democracy 
and Human Rights Fund, etc.). 
 
-- Civil society has not been adequately consulted by the 
coalition government in implementation of the reform agenda 
(with respect to formation of the Truth, Justice, and 
Reconciliation Commission, and Special Tribunal to hold 
accountable perpetrators of post-election violence, for 
example).  We agreed and noted that we are pressing President 
Kibaki, Prime Minister Odinga, Parliamentarians, and others 
to consult with civil society and incorporate their concerns 
into legislation as appropriate. 
 
-- Much more needs to be done to educate and energize 
ordinary Kenyans to push for change. We agreed.  Various 
donors already support civic education, and we are looking at 
what additionally we can do. 
 
-- Motivating ordinary Kenyans (two-thirds of whom are young 
people under 35) to push for peaceful change is key.  We 
explained that we are working on an initiative to sponsor a 
series of public town hall meetings around the country, to be 
organized and led by civil society groups, that will be 
focused on the reform agenda and covered by the media. (Note 
that similar town hall meetings and gatherings organized by 
artists were important in supporting efforts to end the 
crisis last year.)  The participants were very enthusiastic 
about this idea. 
 
-- Civil society organizations readily admitted that they 
have not come together as effectively as they did during the 
crisis.  Fatigue and competition for resources sometimes 
works against cooperation unless there is an immediate 
crisis.  Ethnic divisions within and between organizations 
also work against closer collaboration. However, they agreed 
with the Ambassador,s point on the need to work more closely 
together and said they would explore ways to do this. 
 
-- Some organizations shared what they are doing to push for 
change.  For example, one is collecting five million 
signatures on a petition to the President and the Prime 
Minister urging real progress on reform, including the 
constitutional review process; others are seeking to exert 
pressure on Parliament to behave more responsibly. 
 
-- Despite the efforts the Kenyan government, the United 
States, and others are making to foster reconciliation, 
ethnic divisions are still very much alive.  Civil society 
activists pointed out that, here again, civic education is 
necessary and that the youth are affected by ethnic 
stereotypes and mistrust.  All agreed, however, that 
fundamentally altering ethnic sentiments will take 
generations. 
 
-- The situation in Kenya will likely become more tense 
before it gets better.  The vested interests represented in 
the coalition government will strongly resist efforts to 
tamper with the culture of impunity. This may include 
violence or the threat of violence; some activists are 
already facing greater pressures (See Nairobi 525). 
 
-- Participants in the meeting were constructively critical 
of their own efforts.  They noted that they have indeed not 
behaved as responsibly as they did during the crisis.  "If we 
and you (the U.S.) do not provide leadership, there will be 
violence," several said.  Constructive leadership can, 
however, channel increasing popular frustration with the pace 
of reform into peaceful pressure on the government. 
 
-- Participants noted that social pressures, due to high 
inflation, food shortages, and frustration over the lack of 
progress in tackling the culture of impunity, specifically 
corruption, could lead to renewed unrest at some point.  Thus 
economic reforms by the coalition government must be 
implemented alongside political reform.  Fighting corruption 
is a key nexus between the two. (See separate reporting on 
some limited steps the government has taken to alleviate food 
shortages.)  The challenge for civil society will be to 
advocate forcefully for economic as well as political 
reforms, especially anti-corruption measures, and to ensure 
that public outrage about official corruption is focused 
constructively on reform and not used as a pretext for 
renewed violence or discrimination. 
 
-- There was a lively discussion regarding the setting up of 
a local Special Tribunal to hold accountable perpetrators of 
 
post-election violence.  The participants generally reflected 
what is probably the majority view of the Kenyan population 
that it would be better to send the issue to the 
International Criminal Court.  This view is due to skepticism 
that any Special Tribunal can be set up credibly in Kenya 
given the culture of impunity and concerns about the 
judiciary,s lack of impartiality.  We pointed out that we 
agree with Kofi Annan that every effort should be made to set 
up the domestic Special Tribunal, but in a way that addresses 
these concerns.  The provision to have at least some 
international judges and prosecutors will help.  The 
Ambassador pointed out that he is pressing Kibaki, Odinga, 
and Parliamentarians to consult with civil society to take 
into account their concerns and to improve the proposed 
legislation (which may be reintroduced later this month). 
Sendng the issue to the ICC would be an admission that 
Kenyans cannot tackle the key issues relating to the culture 
of impunity.  The Ambassador also pointed out that Kenyans 
may have exaggerated expectations of what action the ICC will 
be able to take.  The list of alleged perpetrators given to 
Kofi Annan by the commission set up to investigate the 
violence is intended to remain confidential, and the ICC may 
not act with the speed many anticipate.  In the end, most of 
the activists agreed that a local Special Tribunal would be 
preferable, but only if all loopholes can be closed in order 
to make it credible.  They expressed great skepticism that 
this could be accomplished. 
 
¶4. We are following up with the participants and other 
elements of civil society to encourage them to work together 
to orchestrate peaceful, constructive pressure for 
implementation of the reform agenda.  The Ambassador stressed 
the U.S. commitment to support their efforts.  He also made 
clear that the United States is pushing hard for 
implementation of the reform agenda.  Ultimately, however, it 
is the Kenyan people, with our help, who must bring about 
change. 
RANNEBERGER