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UNCLAS SECTION 01 OF 04 NAIROBI 002342 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PREL US KE
SUBJECT: Ambassador's Speech on the Reform Process 
 
¶1. Summary. On October 30 the Ambassador gave the keynote speech at 
the Law Society of Kenya's luncheon.   The speech, which was cleared 
by Washington, focused on the reform process.  The speech was 
extensively covered by the media, was distributed to thousands of 
key actors through the Mission database, and was provided to all 
Members of Parliament.  Public and private reaction has been highly 
positive.  The general thrust of views is that the U.S. should 
maintain and increase pressure for implementation of the reform 
agenda. End Summary. 
 
¶2. Begin text. Thank you for inviting me to speak today. It is an 
honor to address Kenya's legal community and to share ideas about 
the way forward at this critical juncture in the country's history. 
 
 
Historic Opportunity for Fundamental Change 
 
Recently a commentator in one of the leading newspapers asked "who 
will save us from the abyss?"  Kenyans across the political, social, 
and ethnic spectrum are expressing profound concerns about whether 
the country is headed toward another crisis in the lead-up to the 
2012 elections.  Having recently been in Washington, I can testify 
that President Obama shares these concerns. Kofi Annan reflected 
these preoccupations during his most recent visit when he referred 
to the Kenyan people's crisis of confidence in the leadership of 
their country.  In all corners of Kenya, one hears intelligent 
appreciation of what must be done to avert a crisis:  full 
implementation of the reform agenda to which the coalition 
government committed itself.  The progress - or lack of it - on 
implementation of the reforms and what can be done to encourage and 
support implementation are, therefore, the most urgent issues facing 
the nation. 
 
Kenya is at a crossroads. The window is fast closing for the 
meaningful reforms Kenya must undertake in order to avoid a repeat 
of the 2008 violence - or worse - and to ensure a stable and 
prosperous democratic future. To paraphrase the American poet Robert 
Frost, Kenya faces two divergent paths. One leads back to conflict, 
economic crisis, and the ruin of innocent lives. The other leads to 
a more stable, prosperous, and open society in which corruption and 
impunity are no longer tolerated. It is the determination to take 
the path less traveled that will indeed make all the difference for 
the future of this vibrant country. 
 
The Law Society of Kenya is a well-respected and unique organization 
in that its members represent all facets of Kenya's legal community. 
You come from all the regions and ethnic communities of Kenya, and 
collectively represent a brain trust of remarkable expertise. Among 
your members are many of the prominent officials charged with 
overseeing key portions of the reform process, including the 
Chairperson of the Independent Boundary Review Commission; the 
Chairperson and six of the members of the Committee of Experts on 
the Constitution; the Vice Chair of the Truth, Justice, and 
Reconciliation Commission; members of the Police Reform Task Force; 
and a number of Members of Parliament who chair important 
committees. You have in the past played a very critical role in 
charting the path that this country has taken in the democratization 
process.  You continue to be a beacon of hope for many Kenyans. I 
urge you to increase your engagement in support of the reform 
process, including encouraging and supporting your colleagues who 
occupy these important reform-minded positions to put their hearts 
and minds without reservation into the tasks before them for the 
benefit of Kenya. 
 
The reform process is the most urgent issue for the international 
community's relations with Kenya, because the United States and all 
Kenya's partners want to see a stable and prosperous democratic 
future for this country.  President Obama knows the impressive 
quality of the people of Kenya and the great potential of this 
country.  That is why he and his Administration are pushing hard to 
ensure that Kenyans seize the opportunity, opened up by the crisis 
last year, to bring about fundamental change.  We will not relent. 
 
Progress Overshadowed by the Culture of Impunity 
 
In considering the challenges Kenya faces today, let me pause to 
take stock of what has been achieved. Since independence Kenya has 
had an upward trajectory marked by important milestones: 
independence, the establishment of multi-party democracy, the smooth 
transition between former President Moi and President Kibaki, the 
holding of the first truly democratic election in Kenya's history; 
and the subsequent achievement of an unprecedented 7 percent rate of 
growth, to name only some. 
 
And yet, the culture of impunity has hung like a dark cloud over the 
country, retarding growth.  How much greater could Kenya's 
trajectory have been?  True turning points in history are rare and 
even more rarely understood at the time.  But Kenyans and foreign 
observers alike can all see that Kenya is at such a turning point. 
Can leaders seize the opportunity to end the culture of impunity and 
launch a process of fundamental change through implementation of the 
comprehensive reform agenda? 
 
 
NAIROBI 00002342  002 OF 004 
 
 
I believe that the Kenyan people are determined to see this done, 
and that makes me positive about the future of the country.  At the 
same time, I am realistic and recognize that tackling the culture of 
impunity requires a Herculean effort.  I know that there are strong 
and influential vested interests which are fighting against change 
through political manipulation and corruption, through intimidation, 
and even through violence. 
 
That is why it is essential to encourage people to press their 
leaders - and the entire political class - to move rapidly to 
implement the reform agenda.  Democracy only works effectively when 
people clearly and peacefully make their views known to their 
elected leaders.  President Kibaki and Prime Minister Odinga and 
parliamentarians need to hear a more concerted message from the 
Kenyan people on the importance of implementing reforms. You can 
exert leadership to help mobilize that concerted message. 
 
The coalition government has been in office for almost 18 months, 
since the Cabinet was formed in May of 2008.  There have been some 
achievements, but much more should have been accomplished, and must 
be accomplished within the next 8-12 months.  If not, the window of 
opportunity to bring about fundamental change will be lost - as most 
Kenyans already realize - with dire consequences for the nation. 
 
On the positive side, the electoral commission was disbanded and the 
Interim Independent Electoral Commission was set up.  The Waki and 
Kriegler Commissions delivered credible, detailed reports laying out 
a roadmap for key reforms.  The Truth, Justice, and Reconciliation 
Commission has been established, as well as the Boundary Commission. 
 And there have been some other modest steps as well. 
 
Perhaps most importantly, the government has signaled its intention 
to implement far-reaching police reform, and has begun the process 
by changing the police leadership. This, coupled with the 
resignation of the Director of the Kenyan Anti-Corruption Commission 
(KACC), opens the possibility for real reform to make the legal 
system more effective, unbiased, transparent, and corruption-free. 
We have made clear that we will maintain pressure for implementation 
of the entire reform agenda, but that we will support reforms when 
they are undertaken and backed by real and sustained political 
will. 
 
Fundamental Reforms 
 
While acknowledging some progress, the most important reforms that 
are needed to end the culture of impunity and to ensure future 
democratic stability and prosperity have either not been implemented 
or are moving at an alarmingly slow pace which mitigates in favor of 
the status quo. 
 
-- No steps have been taken to hold accountable the 
principal perpetrators of post-election violence. 
-- Decisive, bold steps against corruption have not been launched. 
-- Far-reaching judicial reform has not been undertaken. 
-- The Attorney General's office remains an obstacle to effective 
anti-corruption efforts and thus to reform. 
-- The constitutional revision process is moving slowly and could 
prove disastrously divisive unless the coalition partners cooperate 
to support key changes. 
-- Major and complex issues relating to districts, the census, and 
preparation of a new voter list must be resolved. 
 
Each element of these reforms is vital to Kenya's future. 
 
Constitutional Revision 
 
Meaningful and comprehensive constitutional revision is crucial to 
create a framework in which all Kenyans can compete without fear 
that any ethnic group or community will be disadvantaged.  The 
election of the NARC government in 2001 and the peaceful transition 
of power was a time of hope and expectation in Kenya.  The biggest 
expectation was the one call that brought NARC to power:  the 
promise to deliver a new constitution.  If a new constitution had 
been passed that addressed important issues effectively, it might 
have prevented or solved a number of divisive problems now facing 
this country.  I agree with the increasingly unified voice of 
Kenyans who are insisting that it is critical to have a new 
constitution now, and not at some undefined future date. In 
addition, that constitution must address the difficult issues 
head-on, including the structure of executive power, the system for 
devolution, and judicial independence. The Law Society of Kenya, due 
to the talents and abilities of its members, has been at the 
forefront of constructive dialogue on constitutional reform for many 
years. I urge you now to redouble and revitalize your energies in 
this direction so that this historic opportunity is not lost. 
 
Rule of Law 
 
Rule of law reform is essential to assure Kenyans that everyone 
regardless of their class, social status, or ethnicity will be 
protected and given justice.  Public perception that the court 
system lacks impartiality and is riddled by corruption is a major 
concern. Because all the elements of the criminal justice system are 
 
NAIROBI 00002342  003 OF 004 
 
 
interdependent, police and judicial reforms are closely linked.  We 
are encouraged that the government appears to recognize that the 
culture of policing in Kenya needs to undergo some fundamental 
changes in order to better serve the Kenyan people and to be in line 
with modern international policing standards.  I have told the 
government that the United States is ready to support reform of the 
police if the Task Force recommendations are implemented, and that 
we will provide assistance to make the Kenya Anti-Corruption 
Commission more effective if credible new leadership is chosen 
through a transparent process. Among the most important police 
reforms are the establishment of effective internal and external 
oversight mechanisms to curb corruption and human rights abuses, and 
the establishment of a Police Service Commission. Extrajudicial 
killings must be fully investigated and stopped. 
 
Accountability 
 
Bringing inciters and financiers of violence to account is vital to 
send a strong message to those who choose to think that violence is 
a viable strategy to influence the political process.  Kenya needs 
to become a place where it is no longer politically acceptable or 
advantageous to exploit and worsen inter-ethnic tensions, to pay 
voters or youths to carry out acts of violence, or to organize local 
militias with the express purpose of terrorizing and punishing 
innocent citizens.  We continue to urge that a credible independent 
Special Tribunal be established in Kenya and that Kenya fully 
cooperate with the International Criminal Court to investigate and 
prosecute those suspected of orchestrating and supporting 
post-election violence. 
 
Kenya in the Globalized World 
 
In today's globalized world, no leader or nation can stand alone. 
Every leader and nation, whether commenting on global issues or the 
situation in another country, must do so while acknowledging that 
his or her own country is not immune from criticism.  This is 
perhaps especially true of the United States for, as President Obama 
has stated, to whom much has been given much is expected.  The world 
rightly comments on our short-comings - whether with respect to the 
continuing challenges we face to achieve true racial equality, with 
respect to the growing disparity in income between our rich and our 
poor, with respect to abuses of detainees at Abu Ghraib and 
Guantanamo, or with respect to our foreign policy, just to name a 
few issues.  Profoundly cognizant of our own limitations, we seek to 
play a responsible global role based on the mutual interests that we 
share. 
 
Kenya and the United States have long shared a deep friendship and 
partnership based on the extensive ties between our people and, 
increasingly, on shared democratic values.  It is within this 
context and in this spirit that we speak out about the reform agenda 
and its vital importance to Kenya's future. 
 
Today I reiterate the calls of Secretary of State Clinton and 
President Obama for Kenya's leadership to listen to the voices of 
its people and to undertake implementation of the key reforms I have 
listed above with a much, much greater sense of urgency.  All of us 
know what must be done.  There is no more time for commissions, 
rhetoric, obfuscation, and half-steps. 
 
U.S. Efforts to Propel Reform 
 
Our efforts to press for implementation of reforms are both private 
and public.  Privately, we are maintaining intensive dialogue with 
the coalition leadership, parliamentarians, and actors across the 
political, social, and economic landscape.  That dialogue is frank 
and constructive.  Publicly, we are continuing to encourage the 
Kenyan people to press peacefully for implementation of reforms.  We 
are involved in a number of other activities aimed at promoting 
implementation of reforms.  These include expanded outreach to 
Members of Parliament; support for independent grassroots youth 
organizations; and intensified contacts with civil society, the 
private sector, the media, and religious organizations, to name only 
a few. We are providing millions of dollars to support the reform 
agenda, including technical and financial assistance to Parliament, 
civil society, land reform, the Interim Independent Electoral 
Commission, and constitutional reform, among other areas.  In the 
coming weeks we will be announcing new initiatives to expand this 
engagement:  through increased support for grassroots youth 
organizations, empowerment of women, increased support for 
reform-minded parliamentarians, and expanded dialogue with civil 
society.  As the elite representatives of Kenya's legal profession, 
you have a special responsibility to employ your expertise to 
support and press for implementation of the reform agenda. 
 
In Wizard of the Crow, the great Kenyan writer Ngugi wa Thiong'o's 
magical, spellbinding novel about Kenya -- thinly disguised as 
another fictional African nation -- he writes of the heroine: 
"Helpless, she sought, as usual, solace in work, burying herself 
even more deeply in the day-to-day details of the People's Assembly, 
rallying around the call for the return of their (the people's) 
collective voice.  Their activities would climax in a day of 
self-renewal during which the people would....renew their vows to 
 
NAIROBI 00002342  004 OF 004 
 
 
step up efforts to steer the country in a different path."  Most 
Kenyans I talk with say that their country is in a state of crisis 
right now, and that the country needs to move in a different path - 
towards fundamental change.  Thankfully, Kenya is not burning, but 
these Kenyans rightly sense that the historic opportunity to bring 
about fundamental change and to avoid a repeat of the crisis last 
year will be lost without urgent implementation of the reform 
agenda.  Yet, in the absence of a dramatic crisis, along the lines 
of what Kenyans experienced last year, it is hard to mobilize in a 
concerted way to exert peaceful pressure for change.  It is 
important that all Kenyans who want to see peaceful change come 
together in a more coordinated fashion to send an unequivocal 
message to the entire political class on the need for reform. 
 
I have repeatedly observed that the crisis last year was resolved by 
the Kenyan people precisely because they came together in a 
concerted way, with the help of the United States, Kofi Annan and 
the Eminent Persons, and other international friends.  The United 
States could only play the helpful role it did because we were 
supporting the Kenyan people.  Neither we nor others can impose an 
outside agenda for change.  The reform agenda was drafted by Kenya's 
leaders - and now the Kenyan people must hold those leaders 
accountable for its implementation. 
 
Secretary Clinton and President Obama have both stated that we will 
not do business as usual with those who do not support reform or who 
support violence.  Thus, earlier this week Assistant Secretary for 
African Affairs Johnnie Carson - a great friend of Kenya - announced 
that the United States has imposed a visa ban on a very senior 
Kenyan government official, and that we are considering a number of 
such visa bans.  We will take additional actions if the reform 
agenda does not move forward. 
 
Our President, a son of Kenya, wants to see a stable and prosperous 
democratic future for this nation.  No true friend of Kenya, no true 
Kenyan patriot can want anything less.  Failure to grasp the 
historic opportunity Kenya now has in its hands would be 
unconscionable.  To take up this challenge and carry out reforms 
will require heroic leadership and responsible pressure by the 
Kenyan people.  This is a daunting task.  Some would say that the 
odds are stacked against success, but I reject that categorically. 
The Kenyan people rose to the unprecedented challenge they faced 
last year, and I am confident that they will do so again, with the 
support and encouragement of their friends.  Today we can see a 
growing awareness by Kenyans of the need for change, and dynamics 
shifting in the direction of reform.  These dynamics include a more 
assertive Parliament, more constructive activism by youth, and a 
citizenry that is more outspoken. Kenya has no greater relationship 
than with the United States, and thus we have a great responsibility 
to engage to our utmost to help Kenyans build a stable democratic 
future in which the well-being of all will be advanced through 
shared prosperity. 
 
Thank you.  End text.