VZCZCXYZ0006
PP RUEHWEB

DE RUEHNR #0540/01 0761222
ZNR UUUUU ZZH
P 171222Z MAR 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 8856
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0454
RUEHDR/AMEMBASSY DAR ES SALAAM 6406
RUEHKM/AMEMBASSY KAMPALA 3190
RUEHLO/AMEMBASSY LONDON 3122
RUEHFR/AMEMBASSY PARIS 2987
RUEHRO/AMEMBASSY ROME 5423

UNCLAS NAIROBI 000540 
 
SIPDIS 
 
DEPARTMENT FOR AF/E 
LONDON, PARIS, ROME FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: PREL KDEM PHUM PGOV KE
SUBJECT: THE REFORM AGENDA IN KENYA: PRESSURE THROUGH 
PUBLIC DIPLOMACY 
 
UNCLASSIFIED -- ENTIRE TEXT. 
 
¶1. Septels have reported extensively on Mission efforts to 
press the coalition government to implement the reform 
agenda.  Energizing civil society, the private sector, 
religious groups, and the media are essential.   We are also 
carrying out vigorous public diplomacy. 
 
¶2. During February the Ambassador was invited to speak at the 
launch of the new Standing Orders for Parliament, development 
of which the Mission supported through the USAID 
parliamentary strengthening program.  The launch was attended 
by President Kibaki, the Vice President, and all 
Parliamentarians. 
 
¶3. The Ambassador delivered the following remarks focusing on 
the reform agenda.  Begin Text: 
 
The members of the Tenth Parliament were seated at a time of 
unprecedented political and governance challenges for Kenya. 
The electoral controversy and subsequent violence, which so 
shocked both Kenyans and the international community, left 
Parliament faced with enormous challenges. 
 
As a great friend and partner of Kenya, the United States 
worked hard to help facilitate resolution of the crisis, but 
we were only able to play a positive role because the Kenyan 
people demonstrated a vibrant democratic spirit in insisting 
that their leaders reach a political solution.  Civil society 
and religious groups, the private sector, the media, and 
ordinary citizens across ethnic, social, and political lines 
spoke out in unprecedented fashion.  The resulting coalition 
government kept Kenya on the democratic path. 
 
Although operating in an enormously difficult environment, 
Parliament   pursued its mandate to organize itself.  Through 
a model transparent process that provided hope and 
inspiration to the Kenyan people, Parliament elected its 
Speaker. Ultimately, the institution of Parliament and the 
Members proved central in helping to resolve the crisis. 
 
The crisis that Kenya suffered was a watershed in the 
country,s history.  As tragic as those events were, an 
opportunity was opened up to address underlying problems and 
grievances.  This can only be achieved through fundamental 
change.  The reform agenda to which the coalition government 
committed itself is intended to achieve that fundamental 
change.  In order to achieve that change, the reform agenda 
must be implemented, and this includes constitutional 
revision, establishment of a new truly independent electoral 
commission, the investigation and, if warranted, prosecution 
of those involved in post-electoral violence, and taking 
decisive action against corruption.   As I have traveled 
throughout the country, Kenyans have told me that they want 
to see the necessary institutional changes and actions in 
order to end the culture of impunity which has plagued the 
country for far too long. 
 
Parliament sent a unifying message to all Kenyans by your 
expeditious and unanimous efforts to enact the National 
Accord and Reconciliation Act (NARA) as well as passing 
legislation paving the way for constitutional review and the 
establishment of an interim electoral commission. We applaud 
your efforts and look forward to seeing legislation to 
implement the remaining elements of the reform agenda passed 
expeditiously.  We commend the Speaker for his exceptional 
leadership in promoting live parliamentary broadcasts.  They 
are revolutionizing Kenyans, understanding of the work of 
Parliament, and helping to ensure greater transparency and 
accountability in the democratic process. 
 
Kenyans have high expectations for full implementation of the 
reform agenda -- and the U.S. and international community 
share those.  Kenyans must continue to demonstrate a peaceful 
democratic spirit in order to press for implementation.  The 
leadership of the coalition government must drive the 
process.  But the Members of Parliament also bear enormous 
responsibility to support implementation of the reform 
agenda.  There can be no going back, and no business as usual. 
 
Today, I am honored to participate in the launch of the New 
Standing Orders and Strategic Plan.  Both documents 
demonstrate Parliament,s intent to increase transparency and 
accountability in the conduct of House business.  Further, if 
fully implemented, the innovations aimed at improving House 
efficiency will enable you to better meet both constituent 
and national expectations. Indeed, these documents, taken 
together, are an important part of the process of bringing 
about fundamental change.  For example, the new standing 
orders allow, for the first time in Kenya, public committee 
hearings. 
 
The United States Mission is proud to have supported both of 
these efforts as part of our broader Parliamentary 
Strengthening Program.  The USG has been working with the 
Parliament to expand and strengthen its legislative 
capacities for more than seven years.  Thus far, the USG has 
committed $10,000,000 (USD) to these activities.   Today 
Parliament is unquestionably more accessible and independent 
than every before, and I hope our assistance has played at 
least a small part in helping achieve this.  We are committed 
to continued support. 
 
With a son of Kenya having been elected U.S. President, our 
partnership can only grow stronger.  As you recall, during 
his August 2006 visit to Kenya, then Senator Obama gave a 
prescient speech in which he exhorted Kenyans to break from 
the destructive tradition of ethnic-based, tribal politics 
and corruption, because they are "rooted in the bankrupt idea 
that the goal of politics or business is to funnel as much of 
the pie as possible to one,s family, tribe, or circle with 
little regard for the public good."  Such practices, he said, 
"stifle innovation and fracture the fabric of the society." 
President Obama raised similar themes in his inauguration 
speech on January 20.  He also pledged that the United States 
would work with those nations that are seeking a brighter 
future for all their people. 
 
The Parliament is playing a key role in helping to build a 
brighter future for all Kenyans. The steps that have been 
taken thus far serve as a solid beginning to the process of 
reform.  Results achieved during the coming months, however, 
will determine whether Kenyans in fact embark upon a process 
of fundamental change.  Under the watchful eye of Kenyans 
more aware than ever of their democratic rights, Members of 
Parliament will be called upon to demonstrate whether in fact 
they continue to represent a force for fundamental change. 
 
Implementation of the recommendations of the Waki Commission 
remains one of the most critical issues before you.  While 
many Kenyans are deeply skeptical about the potential to 
reverse the culture of impunity, they would surely want to 
see the Special Tribunal established if its credibility, 
independence, and transparency are assured through an 
appropriate framework ) including an appropriate 
international component.  Allowing this matter to be taken 
out of Kenya to the ICC would send the wrong message that 
Kenyans, on their own, cannot end the culture of impunity. 
 
Numerous NGOs, including experts at the ICJ and Kenya 
National Commission for Human Rights, have advised that a 
local option is preferable and they believe that there is 
still time and room for you to make the necessary changes to 
close potential loopholes, which could undermine the 
tribunal,s integrity. 
 
The defeat of the constitutional amendment bill to provide 
for the Special Tribunal was a wake-up call for the Kenyan 
people.  We urge that the coalition government, Members of 
Parliament, and civil society engage in dialogue to address 
concerns about the legislation with a view to reconsidering 
the constitutional amendment bill.  Establishing a credible 
Special Tribunal in Kenya will be a first very important 
first step at the beginning of a long road to deal with the 
culture of impunity. 
 
In the end, the fate of the Special Tribunal, the broader 
Agenda 4 reforms, and the future of Kenya is in your hands. 
I wish you well in grappling with the major challenges and 
opportunities ahead.  I remain positive about the direction 
of this great country and the potential to launch a process 
of fundamental change that will benefit all Kenyans. 
 
Thank you. 
 
End Text. 
RANNEBERGER