VZCZCXRO3622
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHTRO
DE RUCNDT #0669/01 1902329
ZNR UUUUU ZZH
P 092329Z JUL 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 6889
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHNR/AMEMBASSY NAIROBI 0751

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000669 
 
SENSITIVE 
SIPDIS 
 
STATE FOR AF/ED 
 
E.O. 12958: N/A 
TAGS: PREL PREF KE SO SU
SUBJECT: AMBASSADOR RICE MEETS KENYA PR ZACHARY MUBURI-MUITA 
 
¶1.  (SBU) Summary: In a July 6 meeting, Kenya Permanent 
Representative Zachary Muburi-Muita informed Ambassador Rice 
that Kenya had two main agendas at the UN: socio-economic 
development including achieving the Millennium Development 
Goals (MDGs), and promoting regional security in Africa.  He 
noted that old frictions between Kenya's president and 
opposition leader, and within its parliament, continued to 
deter meaningful institutional reforms.  Muburi said that it 
was in Kenya's self interest to remain engaged in Southern 
Sudan, the Congo and Somalia.  He said, however, Kenya should 
not be expected to shoulder the whole burden, especially in 
dealing with refugees and the prosecution and detention of 
pirates.  Ambassador Rice pushed Kenya to implement its 
political reform agenda. Muburi was confident the 
constitution revision process would get underway this summer 
in a meaningful way, and that a special tribunal would be 
established to obviate referral to the ICC of cases stemming 
from last year's violence. 
End Summary. 
 
Domestic Politics and Development 
--------------------------------- 
 
¶2.  (SBU) Muburi noted that, unless Kenya can address its 
citizen's basic needs and meet the MDG's, it will continue to 
suffer from political instability and fall victim to 
"bankrupt" politicians who exploit numerous long-standing 
ethnic frictions.  Muburi described efforts to improve 
domestic institutions as "stalled."  In response to 
Ambassador Rice's question regarding the current state of 
Kenya's domestic politics, Muburi said its "unique" situation 
with two leaders had not gelled as much as has been expected. 
  He said that while President Kibaki and opposition leader 
Odinga both said the right things publicly, they did not work 
well together.  This leadership dynamic, coupled with 
unresolved fractures within Kenya's parliament, reflected 
wounds that were still open and provided little hope for 
achieving meaningful constitutional, judicial and electoral 
reforms before 2012 elections.  (Note: Muburi, however, 
assured DepPolCouns that Kenya's constitutional revision 
process would at least be started in ear 
nest this summer.  End Note.) 
 
¶3. (SBU) With regard to addressing crimes committed during 
the last election, Muburi said there is still a large split 
between those who wish to see these issues addressed in the 
International Criminal Court (ICC) and those who wish to 
address them domestically, perhaps through a truth and 
justice commission.  (Note: Leaving the meeting, Muburi said 
Kofi Annan was giving Kenya a "friendly push" by giving it an 
ultimatum that Annan would suggest referring cases to the ICC 
if it did not create a domestic special tribunal.  Muburi 
said Kenya was taking Annan's suggestion to heart and Kenya 
would, in his opinion, create the court in time to obviate 
referrals to the ICC.  End Note.) 
 
Regional Security 
----------------- 
 
¶4. (SBU) Muburi said that Kenya has a strong interest in 
helping address conflict and instability in Southern Sudan 
and the Congo. He said he had told ICC prosecutor Jose 
Luis-Moreno that he should not allow Darfur-related 
developments such as ICC prosecutions to threaten the 
Comprehensive Peace Agreement.  Muburi lamented that the two 
hotspots had a wealth of natural resources and should be 
contributing to regional development, and not dragging it 
down.  Refugees from these regions that cross into Kenya were 
putting tremendous strain on Kenya's own resources and 
economy.  Some even traveled to urban areas and were adding 
to ethnic frictions.  Muburi urged the U.S. to provide 
greater support to Kenya in its efforts to cope with the 
refugees.  Ignoring the issue will only create animosity and 
encourage those with radical domestic political agendas, he 
said. 
 
Somali Pirates 
-------------- 
 
¶5.  (SBU) Muburi noted that while Kenya continues to accept, 
detain, and prosecute Somali pirates, many in the Kenyan 
Government are beginning to express concern about creating a 
second "Guantanamo Bay" in Kenya.  He said it was important 
to spread out responsibility for dealing with the captured 
pirates to other countries.  Muburi added that Kenya remains 
engaged in Somalia peace negotiations.  He noted that many 
senior officials from the Middle East also participated in 
the negotiations, but that they often chose sides and were 
very unhelpful. 
 
USUN NEW Y 00000669  002 OF 002 
 
 
 
¶6.  (SBU) Ambassador Rice urged Kenya to implement its reform 
agenda.  Citing long and close U.S.-Kenya relations, she said 
it was painful for us to watch the continued internal 
tensions play out.  She cited the recent visit by Assistant 
Secretary Carson as the most recent expression of the special 
interest the U.S. has in Kenya.   She said that the region 
needs a more stable Kenya, with deeper democratic processes 
and strengthened development that can again be an example to 
its neighbors. 
RICE