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
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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
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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
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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
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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