VZCZCXRO6941
PP RUEHROV
DE RUEHNR #0550/01 0771118
ZNR UUUUU ZZH ZDS
P 181118Z MAR 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 8877
INFO RUCNIAD/IGAD COLLECTIVE PRIORITY
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 6421
RUEHDJ/AMEMBASSY DJIBOUTI PRIORITY 0068
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 2299
RUEHLO/AMEMBASSY LONDON PRIORITY 3130
RUEHFR/AMEMBASSY PARIS PRIORITY 2995
RHMFIUU/CDR USCENTCOM MACDILL AFB FL PRIORITY
RHMFIUU/CJTF HOA  PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 7481
RUZEFAA/CDR USAFRICOM STUTTGART GE PRIORITY
RUZEFAA/HQ USAFRICOM STUTTGART GE PRIORITY

UNCLAS SECTION 01 OF 02 NAIROBI 000550 
 
C O R R E C T E D  C O P Y (PARA MARKINGS) 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHSA PREL PHUM PGOV KE
SUBJECT: FOREIGN MINISTER WETANGULA BRIEFS THE DIPLOMATIC 
CORPS 
 
REF: NAIROBI 407 AND PREVIOUS 
 
NAIROBI 00000550  001.2 OF 002 
 
 
¶1. (U) Summary: On March 3 Foreign Minister Moses Wetangula 
convened the Nairobi diplomatic corps to review developments 
in Kenya and highlight the accomplishments of the Coalition 
Government.  Th Coalition Government is strong, and 
Wetangula expects it to serve out its full term to 2012.  The 
GOK will reintroduce legislation as soon as Parliament 
reconvenes in April to establish a local Special Tribunal to 
deal with those implicated in post-election violence.  The 
GOK is committed to police reform, ending corruption, and 
implementing the reform agenda - all that is needed is 
implementation, said Wetangula. On piracy, Wetangula thanked 
those countries that have partnered with Kenya to end piracy, 
especially those which have deployed naval forces. The 
Foreign Minister briefly touched on Kenya's role in brokering 
peace and stability in the Democratic Republic of Congo and 
welcome the formation of the new Somali government. He also 
called for UN Reform, including two permanent Security 
Council seats for Africa, and he voiced support for a United 
States of Africa (reported Septel).  End Summary. 
 
¶2. (U) On March 3 Foreign Minister Moses Wetangula convened the 
Nairobi diplomatic corps to review developments in Kenya and 
highlight the accomplishments of the Coalition Government. 
Wetangula noted that in the year since the Coalition 
Government was formed on February 28, 2008 Kenyans and some 
members of the international community have passed some 
"harsh judgments."  It is important, opined Wetangula, to 
look back, reflect, and also acknowledge the accomplishments: 
the conflicting parties agreed to and signed a national 
accord; formed the Coalition Government; established the 
positions of Prime Minister and two Deputy Prime Ministers; 
and enlarged the cabinet.  The government is functioning well 
and the country is at peace.  He admitted that more needs to 
be done to settle remaining IDPs, but noted that most people 
have returned home.  Parliament has passed an unprecedented 
number of bills (18), and it has been active in oversight. 
 
¶3. (U) The government has embarked on the reforms as laid out in 
the "Agenda 4" section of the agreement negotiated through 
the Kofi Annan-led process.  The government established the 
Waki and Kriegler Commissions to look into post-election 
violence and electoral reforms.  They completed their work 
and the government accepted their reports.   "What is left is 
implementation," said Wetangula. 
 
¶4. (U) The Electoral Commission (ECK) has been disbanded, 
consistent with the Kriegler Report recommendations, and the 
government and parliament are in the process of creating an 
Independent Interim Electoral Commission (IIEC). Wetangula 
described this as &a major milestone8 but noted that 
Parliament had delayed the process by rejecting the 
government's proposal to nominate five non-political 
professionals to manage the IIEC's work, which will include 
compiling a totally new voter registration list (the one used 
in the December 2007 elections is hopelessly flawed) and 
conducting the nationwide referendum on a new constitution. 
Instead, the Parliament insisted on an eight-member IIEC, 
with a representative from each of the provinces (read: major 
ethnic groups) and a chairman. Parliament rejected the 
government's proposed chairman for partisan political 
reasons. Wetangula said the government would meet on March 24 
"to get the selection process back on track." 
 
¶5. (U) Wetangula cautioned that the delay in constituting the 
IIEC may also delay the timing of the constitutional 
referendum. The government's original plan, to which they are 
still hoping to adhere, is for the referendum to be held in 
November 2009. But the three month delay in setting up the 
IIEC could lead to slippage in the referendum date. Wetangula 
was optimistic that the referendum would be conducted by late 
2009 or early 2010. If it were delayed much beyond June 2010 
it would be unlikely to be held at all since attention will 
be fully focused on preparing (and campaigning) for the 2012 
presidential and parliamentary elections. 
 
¶6. (U) Wetangula blamed Parliament for the failure to establish 
a Special Tribunal to deal with those implicated in 
post-election violence.  The government did its part, said 
 
NAIROBI 00000550  002.2 OF 002 
 
 
Wetangula, and it fully respects the prerogatives of 
Parliament to consider and pass legislation -- "it's not a 
rubber stamp Parliament."  He assured the diplomatic 
community that the government would resubmit the required 
legislation "to anchor and protect" a Special Tribunal as 
soon as Parliament reconvenes in April, and that outside 
legal opinions and the views of civil society will be taken 
into account. 
 
------------- 
Police Reform 
------------- 
¶7. (U) Again he blamed Parliament for delaying the timeline for 
police reform, pointing out that the President and Prime 
Minister signed the agreement to implement the Waki report 
and they are committed to police reform.  He stated that this 
commitment was evidenced by the creation of an independent 
police commission in October.  (Note:  This Commission 
predates the Waki Report and is largely toothless. In his 
preliminary report the UN Special Rapporteur on Extrajudicial 
killings (the Special Rapporteur) noted that this commission 
had neither staff nor funding.  End Note) Kenya is one of the 
least policed countries in the world, he declared, and he 
said "we know we need to increase the numbers and make the 
police more user-friendly."   The result of too few police is 
that the police are under tremendous pressure, and when 
operating under such pressure there are bound to be mistakes. 
 The government is committed, therefore, to increase the 
number of police and provide for their training and 
professional development.  "We are on course," he said, and 
he welcomed donor support. 
 
¶8. (U) Wetangula criticized the February 26 statement of the UN 
Rapporteur for Extrajudicial Killings on extrajudicial 
killings in Kenya.  Alston did not say anything new, he said 
-- the Waki Commission has called for reform of the police, 
and the Minister of Internal Security and Provincial 
Administration, on the floor of Parliament, has committed the 
government to fighting extrajudicial killings.  The 
government, then, is on record as being against extrajudicial 
killings and has acted against all armed militias, according 
to Wetangula.  He said people are reacting to only a press 
statement, since the report has not yet been released, and a 
press statement is a "non-report."  When the report of the UN 
Special Rapporteur on Extrajudicial Killings does come out, 
he said, the GOK will act on it and comment appropriately. 
The government has a full open door policy, and Wetangula 
asked that "certain things" be conveyed privately rather than 
be "pronounced from the roof tops." 
¶9. (U) With regard to other Agenda 4 items -- such as land 
reform, addressing the needs of youth, ethnic relations, 
devolution of power, the structure of the government and 
judiciary, and parliamentary oversight -- "all of these are 
on course," said Wetangula.  Wetangula said the government is 
"fully committed to fight corruption in all its forms." 
However, he said corruption is very difficult to fight, and 
he offered no examples of concrete actions the government has 
taken against corruption.  He sought to assure the diplomatic 
community that there are "no red flags" on the issue of 
reform, and the government's commitment on reform is clear. 
He firmly declared that the coalition government will serve 
its full term to 2012. 
 
------- 
Comment 
------- 
 
¶10. (SBU) Wetangula's presentation to the diplomatic community was 
generally upbeat, although he was defensive and evasive in 
his answers to requests from several heads of mission for 
more details on what the government was doing to address 
corruption, extrajudicial killings, and police reform, and to 
requests to speed up implementation of the reform agenda. 
RANNEBERGER