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OO RUEHWEB

DE RUEHNR #2477/01 3441417
ZNR UUUUU ZZH (CCY ADXEA70DB TOQ5427 532A)
O R 101314Z DEC 09 ZDS
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0060
INFO IGAD COLLECTIVE

UNCLAS NAIROBI 002477 
 
C O R R E C T E D   C O P Y - ADDED CAPTION 
 
SENSITIVE 
SIPDIS 
DEPARTMENT FOR AF/E DRIANO, AF/RSA MOOD 
CONGRESS FOR HDP STAFF JOHN LIS, MARGARET SEMINARIO, BRAD SMITH 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL OTRA OVIP OREP KDEM KE
SUBJECT: Former Members of Congress engage the Reform Agenda 
 
¶1. (U) Summary:  From November 23 to 28, Embassy Nairobi hosted 
Kenya's first-ever "EXDEL," a delegation of former Members of 
Congress who spent a week representing the Congressional House 
Democracy Partnership as they engaged political leaders and civil 
society to advance the reform agenda. End Summary. 
 
¶2. (U) Nairobi's first-ever "EXDEL" was led by Martin Frost, former 
ranking member of the House Rules Committee and 13-term 
representative for Texas.  In 1990 Frost co-founded the 
Frost-Solomon Commission which provided assistance and expertise to 
strengthen legislatures in Central and Eastern Europe.  The 
Commission's work has served as a model both for USAID's 
Parliamentary Strengthening Program, which is implemented in Kenya 
by the State University of New York, as well as the House Democracy 
Partnership (HDP).  In addition to Frost, delegation members 
included Ambassador Connie Morella of Maryland, Phil English of 
Pennsylvania, and Barbara Kennelly of Connecticut. 
 
¶3. (U) The EXDEL began the week with a full day of intensive 
briefings on Kenya's current political landscape.  The Ambassador 
and mission officers reviewed Kenya's progress on the reform 
agenda, outlined challenges in advancing the draft Constitution, 
and briefed the former members on the formation of a Reform Caucus 
in Parliament.  In the afternoon, Kenyan political scientists, 
economists, and journalists provided a local perspective on U.S. 
policy and the difficulties of achieving political reforms in a 
government where corruption and vested interests are entrenched. 
 
¶4. (U) Among Kenyan government leaders, the delegation met with 
Foreign Minister Moses Wetangula, Minister for Justice and 
Constitutional Affairs Mutula Kilonzo, Speaker of Parliament 
Kenneth Marende, nine Members of Parliament (MPs) from the 
newly-formed Reform Caucus, and political party officials. 
Reflecting the national debate on the draft Constitution, the 
meetings focused primarily on outstanding contentious issues in the 
draft.  There was clear discomfort among MPs and the two ministers 
with the current draft's proposed hybrid system of government, 
which envisions a weakened Presidency with a fairly strong 
executive Prime Minister.  Officials allied to the President's 
Party for National Unity (PNU) advocated for a purely Presidential 
system, while members of the Prime Minister's Orange Democratic 
Movement (ODM) party preferred a purely Parliamentary system with a 
strong Prime Minister. 
 
¶5. (SBU) Both Wetangula and Kilonzo appealed for technical 
assistance to build institutions.  Kilonzo also critiqued the 
United States for focusing on replacing corrupt individuals in the 
GOK while refusing to assist with capacity building programs. 
Kilonzo argued that he is powerless to protect witnesses of 
post-election violence and that the GOK is unable to prosecute 
senior officials implicated in massive corruption scandals due to 
human resource deficiencies in the Attorney General's office 
(Comment: Kilonzo's position is disingenuous in that he disclaims 
all responsibility for advancing accountability by shifting the 
focus from his office on to the AG's.  As Minister for Justice 
Kilonzo is responsible for supervising the AG as well as judicial 
reform. End Comment). 
 
¶6. (SBU) Members of the EXDEL were warmly received by the Speaker 
of Parliament, Kenneth Marende, who thanked the delegation for 
HDP's support for technical assistance, staff training, and 
exchange programs.  Marende requested additional support to train 
Parliament's burgeoning professional staff, noting that the Kenyan 
Parliament seeks to model the U.S. Congress in developing competent 
researchers, budget analysts, and policy advisors. 
 
¶7. (SBU)  While noting that the current "Imperial Presidency" has 
proven problematic for Kenya, Marende echoed concerns about the 
current draft's two rival systems of power.  Marende indicated that 
he believes that the government and MPs will have to choose between 
a Presidential or Parliamentary system, with strong institutional 
checks and balances present in either system. 
 
¶8. (SBU) Marende hailed the U.S.-supported formation of a Reform 
Caucus in Parliament, stating that he supported the caucus's goal 
of advancing a consensus-oriented debate within Parliament and 
civil society on the draft Constitution.  Noting that the caucus 
encompasses members from all major political parties, Marende 
stated that he would continue to support the caucus so long as its 
members are focused on national interests and avoid individual 
political agendas. 
 
¶9. (SBU) In a breakfast meeting with nine members of the Reform 
Caucus, the EXDEL engaged the MPs in a discussion on how to advance 
an issue-based agenda in an ethnically polarized context.  While it 
was clear that the MPs were not united on which system of 
 
government should be reflected in the draft Constitution, there was 
support for establishing a dialogue which would encourage 
compromise and focus on building political institutions rather than 
backing individual leaders.  MP Olago Aluoch (ODM, Kisumu West) 
asked the EXDEL, "If you were facing this constitutional debate in 
Congress, how would you work together as a caucus?"  The delegation 
responded by emphasizing the importance of building issue-based 
coalitions with civil society, media, and grassroots youth leaders, 
developing mechanisms for dialogue between political leaders and 
citizens, and emphasizing a core set of agreed values rather than 
points of division. 
 
¶10. (U) Amidst meetings with GOK officials, the EXDEL engaged civil 
society actors including members of the Parliamentary Information 
Network, political reporters, former Members of the Kenyan 
Parliament, and leaders of the national youth movement.  The 
delegation emphasized to civil society leaders the importance of 
working across ethnic lines, mobilizing citizens to communicate 
directly with their elected leaders, and the need for courage in 
exposing entrenched corruption networks. 
 
¶11. (SBU) Summary:  Post appreciates the HDP-sponsored EXDEL's 
willingness to thoughtfully engage on Kenya's reform agenda. 
Regrettably, the ongoing Constitutional debate prevented the 
delegation from an extended engagement with Parliamentarians on 
such issues as rules, procedures and oversight.  The EXDEL visit 
strengthened post's relationship with the emerging Reform Caucus, 
and  post appreciates HDP's willingness to support a follow-on 
visit of the Reform Caucus to Washington in mid-January. End 
Summary. 
RANNEBERGER