CONSTITUTIONAL REFERENDUM: ELECTORAL COMMISSION

UNCLAS SECTION 01 OF 02 NAIROBI 003847 SIPDIS SENSITIVE LONDON AND PARIS FOR AFRICA WATCHERS E.O. 12958: N/A TAGS: PGOV PREL KDEM KE SUBJECT: CONSTITUTIONAL REFERENDUM: ELECTORAL COMMISSION CALLS FOR HALT TO CAMPAIGNS REF: A. (A) NAIROBI 3779 ¶B. (B) NAIROBI 3643 ¶1. (SBU) SUMMARY: Following a day of disrupted civic education events on September 14, Samuel Kivuitu, Chairman of the Electoral Commission of Kenya, called for a moratorium on constitutional referendum campaigning until October 21, the beginning of the designated campaign period. Kivuitu argued that the early (and intense) lobbying was interfering with the civic education effort to inform voters about the provisions of the draft constitution. The Chairman's statement, prompted by concern over prospects for the success of the civic education program and the increased possibility of violence during the referendum, has not convinced politicians to rein in their efforts. END SUMMARY. THE CHAIRMAN'S APPEAL -------------- ¶2. (U) In a half-page plea in September 15 newspapers, Electoral Commission of Kenya (ECK) Chairman Kivuitu reminded those campaigning for and against the draft constitution that the September 5 Kenya Gazette notice announcing November 21 as the referendum date also specified the beginning of the "campaign period" as October 21 (ref B). He argued that a delayed start to campaigning would allow for the Constitution of Kenya Review Commission (CKRC) to carry out its civic education program more effectively. Without education, the Chairman asserted, voters would not be able to follow the debate and make an informed decision. Calling on both politicians and voters to "support ECK's stand," Kivuitu added that heeding his appeal "will allow (for) orderly and respectable campaigns fit for a democratic" country. (NOTE: The ECK has no mechanism through which it can enforce a moratorium on campaigning. END NOTE.) "YES" AND "NO" UNFAZED -------------- ¶3. (U) Kivuitu's statement, published the day before the first scheduled rally in favor of the proposed constitution, did little to dissuade the campaigners. Anti-draft KANU Chairman Uhuru Kenyatta told PolAssistant that what Kivuitu said was of no consequence and that "we are continuing on," while Justice and Constitutional Affairs Assistant Minister Robinson Githae told the media that the "No" group had already toured the country, and those in favor of the current draft must also spread their message. CIVIC EDUCATION MEETS OPPOSITION -------------- ¶4. (U) Just three days after the CKRC launched its civic education initiative (ref A),the program has become a flashpoint in the referendum debate. A September 14 civic education event in Eldoret ended prematurely when shouting from the audience prevented CKRC Chairperson Abida Ali Aroni from speaking. A separate CKRC education program in Kisumu was also disrupted as members of the crowd burned copies of the proposed draft after charging the stage with chairs, according to media reports. Following Kivuitu's appeal for non-interference with civic education, KANU Secretary General William Ruto reportedly stated that the "government-driven" education was flawed because the curriculum was developed without consulting the political parties. Raila Odinga, "No" leader and Transportation Minister, argued that the CKRC was not impartial and that the best preparation for Kenyan voters was instead a comparative presentation of the current proposed draft and the Bomas-approved draft. COMMENT -------------- ¶5. (SBU) Without legal authority, Kivuitu can do little more than request the "Yes" and "No" groups to kindly put off their campaigning, which they are not willing to do. The possibility of violence during the referendum process is rising following the blows exchanged between politicians at a funeral (ref A),and as civic education becomes a source of friction instead of an antidote. CKRC chairperson Aroni's perceived pro-draft bent has tainted the education program, which was scheduled to begin in earnest within a week of the September 12 launch, but now appears to be in jeopardy. None of this bodes well for either a smooth run-up to or reasoned participation in the referendum. END COMMENT. BELLAMY