KENYA'S NEW CABINET: NO NATIONAL UNITY, NO

C O N F I D E N T I A L NAIROBI 005073

SIPDIS

SIPDIS

AF/FO, AF/PD, AF/E, LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 11/27/2015
TAGS: PGOV PHUM PREL KDEM KE
SUBJECT: KENYA'S NEW CABINET: NO NATIONAL UNITY, NO
STRATEGIC VISION

REF: A. (A) NAIROBI 4901


B. (B) NAIROBI 4878

Classified By: A/PolCouns L. Peterson for reasons 1.4 (b,d)


1. (C) SUMMARY: Late December 7, Kenyan President Mwai
Kibaki finally announced his new cabinet. Instead of
cleaning house as most Kenyans hoped, President Kibaki has
returned to cabinet a full measure of corrupt and
obstructionist ministers, including those who advised him so
badly on the constitutional referendum. Thrown out of
cabinet is the entire Orange Democratic Movement (ODM) team
of ministers that won so decisively the referendum vote. To
compensate for the departure of the ODM ministers, Kibaki has
scavenged, mainly in the lower ranks of opposition party
KANU. The only apparent good news in Kibaki,s announcement
is the exclusion from the new cabinet of former Transport
Minister and corruption kingpin Chris Murungaru. A number of
designated ministers and assistant ministers, in a sign of
displeasure at the decision-making process, have declined to
take up their appointments. END SUMMARY.


2. (U) This is the first in a series of cables discussing
President Kibaki,s recent announcement of his new cabinet.
Septels will share in greater detail the biographies of
appointed individuals and discuss the cases of those who have
declined their cabinet appointments.

--------------
After Two Weeks, A Cabinet at Last
--------------


3. (C) After two weeks of waiting and "consulting",
President Kibaki announced his new cabinet late December 7,
just as his self-imposed deadline expired. The new line up
falls far short of creating a government of national unity,
as promised by Kibaki following the defeat of the
government's position in the November 21 constitutional
referendum. The ministers retained are among the
President,s key allies who supported the government,s
position on the referendum campaign. The absence of
anti-corruption czar John Githongo,s name among the new
appointees indicates that Kibaki spurned the former's offer
to return to serve in the new government (presumably at the
Permanent Secretary level.)


4. (C) While there are a number of new faces in the cabinet
line up, many are familiar. Sixteen former ministers were
re-appointed to their positions and several either enjoyed
lateral moves or promotions from assistant to full minister.
Joining the ranks of assistant ministers are several
outspoken Banana campaigners. Nine ministers and 15
assistant ministers are from the Mt. Kenya ethnic groups,
comprising almost a full third of the cabinet.


5. (C) How Kibaki arrived at this decision on the cabinet is
unclear. The &consultations8 and deliberations leading up
to the formation of the cabinet were conducted in utmost
secrecy. During the prime time televised announcement of
the changes, Kibaki stared zombie-like into the teleprompter,
occasionally stumbling through sentences and mispronouncing
names of the new ministers and assistant ministers, a number
of whom were probably unfamiliar to him. After their
appointments were announced, eleven appointees refused to
accept the positions (the number continues to grow),which
suggests they may not have been consulted about their
inclusion in the new cabinet. Kibaki appeared as
uncomfortable in this televised performance as many viewers
undoubtedly were.


6. (C) A complete list of the new Cabinet ministers can be
found at para 15 below.

--------------
Oranges Out of Season
--------------


7. (C) Notably absent from the line up are all of the key
leaders of the Orange Democratic Movement (ODM). While
expressing a willingness to negotiate with the President over
cabinet positions, the ODM insisted that any cabinet
appointments of ODM members must be negotiated directly
through the organization and not individually with potential
members. ODM leaders lamented the President,s failure to

reach out to consult with their group. In total, all seven
ODM former ministers were excluded from the reconstituted
cabinet: Ralia Odinga, Kalonzo Musyoka, William ole Ntimama,
Anyang, Nyong,o, Ochilo Ayacko, Linah Kilimo, and Najib
Balala.

--------------
Cutting Free an Albatross
--------------


8. (C) The controversial former Transportation Minister
Chris Murungaru was also among those ministers to suffer the
hatchet. Murungaru,s exclusion is welcomed by the donor
community and average Kenyans, as he is widely perceived as
tainted by corruption. Additionally, many had questioned
Murungaru,s ability to perform his official duties following
the UK and US visa bans. While Murungaru,s removal from
government office suggests his &official8 power may be on
the wane, he may still have a significant hand in influencing
government policies.

--------------
Priorities for the New Cabinet
--------------


9. (C) In his speech appointing the new ministers, Kibaki
proclaimed that the priority for the new government is to
promote development and foster economic growth. To that end,
there is some good news in the new cabinet. In terms of
economic policymaking, Kibaki chose to maintain continuity at
two key ministries, Finance, where David Mwiraria was
retained, and Trade and Industry, where Mukhisa Kituyi stays
on. (NOTE: Kituyi's party, FORD-K has announced that its
members will not take up any of the offered cabinet posts.
Kituyi was not present at this press conference, so it is not
yet clear whether he will follow his party or remain with
Kibaki. END NOTE.) However, the effective and capable
former Minister for Planning and National Development,
Anyang, Nyong,o, was among the sacked ODM leaders.


10. (C) Kibaki also acknowledged the continuing desire of
Kenyans for a new constitution and committed his government
to fostering dialogue to develop a new constitutional review
framework. Local media reports that newly appointed Minister
for Justice and Constitutional Affairs, Martha Karua, will
spearhead a new constitutional review initiative. (COMMENT:
Deeply partisan Karua is perhaps not the best choice for
reconciliation over the constitutional issue. END COMMENT.)
Kibaki further emphasized the need for integrity in
government and announced he would introduce a new code of
conduct and a management accountability framework to enhance
responsibility, ethics, and accountability of government
officials.

--------------
ODM and the Official Opposition
--------------


11. (C) In excluding key figures from ODM (key leaders of
KANU and LDP),Kibaki,s decision to appoint his supporters
and allies rather than reach out in a gesture of conciliation
to ODM serves to further solidify the opposition. This
decision may have significant consequences in parliament,
where the government may encounter formidable opposition to
its agenda.


12. (C) With the ODM locked out of government, they may
renew their calls for fresh elections. Following their
victory at the referendum polls, the ODM announced a series
of nation-wide &thanksgiving8 rallies. The rallies were
quickly banned by Vice President Awori due to fears that the
ODM would use the rallies to garner support for snap
elections. The government has stuck to its ban on the
planned rallies, the first of which is planned for Mombasa on
December 10. This may prove a test of wills should the ODM
proceed and the government try to enforce its ban. Violence
is a very real possibility and could have an effect on the
Jamhuri Day (Kenya's independence anniversary) celebrations
on December 12.

--------------
COMMENT
--------------


13. (C) The great majority of Kenyans interpreted the
government,s referendum defeat as a judgment on the Kibaki
government,s performance (the President himself has
privately conceded this point). Yet Kibaki,s cabinet
decisions appear simply to ignore this message from voters.
He has expanded the cabinet to a whopping 79 members
(including assistant ministers) which means that 1 in 3
members of parliament now have ministerial titles and perks.
(NOTE: If all had accepted their appointments, this number
alone would have been sufficient to block any attempt at a
parliamentary vote of no-confidence. END NOTE.) How this
squares with the President,s stated intention to lead an
efficient, hard-working and clean government is unclear.


14. (C) Kibaki,s decision not to create a more inclusive
cabinet, one that would have reached out to include ODM
leaders, may come back to haunt him. The decision may have
been shortsighted in that it served as the unmistakable death
knell for NARC; forced LDP into the arms of the opposition;
and formalized the battle lines for the 2007 elections.
Locked out of government, ODM has little choice but to
proceed with its planned rallies to preserve the Movement,s
momentum and its political future. END COMMENT.



15. (U) New Cabinet as of December 8.
OFFICE OF THE PRESIDENT

1. VICE PRESIDENT & MINISTRY OF HOME AFFAIRS: HON. MOODY
AWORI (LDP)

a. MINISTER OF STATE FOR PROVINCIAL ADMINISTRATION AND
NATIONAL SECURITY: HON. JOHN N. MICHUKI (NAK);
Assistant Minister for Internal Security: HON. MIRUGI KARIUKI
(NAK);
Assistant Minister for Provincial Administration: HON.
JOSEPH KINGI (NAK)
b. MINISTER OF STATE FOR PUBLIC SERVICE: HON. MOSES AKARANGA
(NAK)
Assistant Minister: HON. BONIFACE MGHANGA (KANU)
c. MINISTER OF STATE FOR IMMIGRATION & REGISTRATION OF
PERSONS: HON. GIDEON KONCHELAH (LDP)
Assistant Minister: HON. ANANIAH MWABOZA (NLP)
d. MINISTER OF STATE FOR SPECIAL PROGRAMMES: HON. NJENGA
KARUME (KANU)
Assistant Minister: HON. SOITA SHITANDA (FORD K)-DECLINED


2. OFFICE OF THE VICE PRESIDENT
a. MINISTER OF STATE FOR NATIONAL HERITAGE: HON. SULEIMAN
SHAKOMBO (LDP)
Assistant Minister for Home Affairs: HON. PETER ODOYO (LDP)
DECLINED
b. MINISTER OF STATE FOR YOUTH AFFAIRS: HON. DR. MOHAMMED
KUTI (KANU) --NEW MINISTRY


3. MINISTER FOR LOCAL GOVERNMENT: HON. MUSIKARI N. KOMBO
(FORD-K)
Assistant Minister for Urban Authorities: HON. ISHAK SHAABAN
(KANU)
Assistant Minister for County Councils: HON. STEPHEN TARUS
(NAK)


4. MINISTER FOR FINANCE: HON. DAVID MWIRARIA (NAK)
Assistant Minister for Monetary, Fiscal & Investment Affairs:
HON. PETER KENNETH (LDP)
Assistant Minister for Financial Management Affairs: HON.
ZADOCK SYONGOH (LDP) --DECLINED


5. MINISTER FOR HEALTH: HON. CHARITY NGILU (NAK)
Assistant Minister Medical Services: HON. DR. WILFRED MACHAGE
(LDP)
Assistant Minister for Public Health: HON. SAMUEL MOROTO
(KANU) DECLINED


6. MINISTER FOR ROADS AND PUBLIC WORKS: HON. SIMEON NYACHAE
(FORD-P)
Assistant Minister Roads: HON. JOSHUA TORO (NAK)
Assistant Minister Public Works: HON. KIPKALIA KONES (FORD-P)


7. MINISTER FOR EDUCATION, SCIENCE & TECHNOLOGY: HON. PROF.
GEORGE SAITOTI (LDP)
Assistant Minister for Basic Education: HON. MRS. BETH MUGO
(NAK)
Assistant Minister for Higher Education: HON. KILEMI MWIRIA
(NAK)



8. MINISTER FOR AGRICULTURE: HON. KIPRUTO ARAP KIRWA (NAK)
Assistant Minister for Research & Extension Services: HON.
PETER KAINDI (NAK)
Assistant Minister for Production and Marketing: HON. KEMBI
GITURA (NAK)


9. MINISTER FOR LIVESTOCK AND FISHERIES DEVELOPMENT: HON.
JOSEPH MUNYAO (NAK)
Assistant Minister for Livestock Development: HON. DR. NOAH
WEKESA (FORD-K)
Assistant Minister for Fisheries Development: HON. ABU CHIABA
(KANU)


10. MINISTER FOR JUSTICE AND CONSTITUTIONAL AFFAIRS: HON.
MARTHA KARUA (NAK)
Assistant Minister: HON. PROF. KIVUTHA KIBWANA (NAK)


11. MINISTER FOR FOREIGN AFFAIRS: HON. RAPHAEL TUJU (PPP)
Assistant Minister for International Affairs: HON. MOSES
WETANGULA (FORD-K)
Assistant Minister for African Affairs: HON. DANSON MUNGATANA
(NAK)


12. MINISTER FOR EAST AFRICAN COMMUNITY: HON. JOHN KOECH
(KANU)
Assistant Minister: HON. JOSEPH NYAGAH (NAK)


13. MINISTER FOR GENDER, SPORTS, CULTURE AND SOCIAL SERVICES:
HON. MAINA KAMANDA (NAK)
Assistant Minister for Gender and Social Services: HON.
ALICEN CHELAITE (NAK)
Assistant Minister for Sports: HON. J.O. ONYANCHAH (FORD-P)


14. MINISTER FOR INFORMATION AND COMMUNICATIONS: HON. MUTAHI
KAGWE (NAK)
Assistant Minister for Information: HON. KOIGI WA WAMWERE
(NAK)
Assistant Minister for Communications: HON. DAVID WERE
(FORD-P) DECLINED


15. MINISTER FOR TRANSPORT: HON. CHIRAU ALI MWAKWERE (LDP)
Assistant Minister for Port, Rail and Road Transport: HON.
NJERU GITHAE (NAK)
Assistant Minister for Civil Aviation and Meteorology: HON.
PAUL SANG (KANU) DECLINED


16. MINISTER FOR WATER: HON. MUTUA KATUKU (NAK)
Assistant Minister for Water Resource Management: HON. JOHN
MUNYES (FORD-K)
Assistant Minister for Water Services: HON. MAJOR (Rtd) A. A.
SUGOW (KANU)


17. MINISTER FOR REGIONAL DEVELOPMENT AUTHORITIES: HON. ABDI
MOHAMED (KANU)
Assistant Minister: HON. TITUS NGOYONI (KANU)


18. MINISTER FOR ENERGY: HON. KIRAITU MURUNGI (NAK)
Assistant Minister for Petroleum Energy: HON. JOSEPH
NKAISERRY (KANU) DECLINED
Assistant Minister for Electricity: HON. MWANGI KIUNJURI
(NAK) DECLINED


19. MINISTER FOR TRADE AND INDUSTRY: HON. DR. MUKHISA KITUYI
(FORD-K)
Assistant Minister for Trade: HON. ABDIRAHMAN ALI HASSAN
(KANU)
Assistant Minister for Industry: HON. PETKAY MIRITI (NAK)


20. MINISTER FOR TOURISM AND WILDLIFE: HON. MORRIS DZORO (NAK)
Assistant Minister for Tourism: HON. RAPHAEL MURIUNGI (NAK)
Assistant Minister for Wildlife: HON. KALEMBE NDILE (NAK)


21. MINISTER FOR LANDS AND HOUSING: HON. AMOS KIMUNYA (NAK)
Assistant Minister for Lands: HON. ASMAN. A. KAMAMA (FORD-A)
Assistant Minister Housing: HON. BETTY TETT (NAK)


22. MINISTER FOR ENVIRONMENT & NATURAL RESOURCES: HON. ORWA
OJODEH (LDP) DECLINED
Assistant Minister for Environment: HON. PROF. WANGARI
MAATHAI (NAK)
Assistant Minister for Natural Resources: HON. STEPHEN OLE
NTUTU (KANU)


23. MINISTER FOR LABOUR AND HUMAN RESOURCE DEVELOPMENT: HON.
DR. NEWTON KULUNDU (FORD-K)
Assistant Minister for Labour Relations: HON. SAMMY LESHORE
(KANU)
Assistant Minister for Manpower Management: HON. DAVID SUDI
(KANU) DECLINED


24. MINISTER FOR CO-OPERATIVE DEVELOPMENT AND MARKETING: HON.
PETER N. NDWIGA (NAK)
Assistant Minister for Agricultural sector: HON. WILLIAM K.
BOIT (KANU) DECLINED
Assistant Minister for Service sector: HON. DAVID MWENJE (NAK)


25. MINISTER FOR PLANNING & NATIONAL DEVELOPMENT: HON. HENRY
OBWOCHA (FORD-P)
Assistant Minister for Planning: HON. DAVID EKWEE ETHURO (LDP)
Assistant Minister for National Development: HON. JOHN SERUT
(KANU)


26. STATE LAW OFFICE : Attorney General: HON. AMOS WAKO
Solicitor General: WANJUKI MUCHEMI.
BELLAMY