Identifier
Created
Classification
Origin
06NAIROBI1348
2006-03-24 14:04:00
CONFIDENTIAL
Embassy Nairobi
Cable title:  

PARLIAMENT ALREADY FLIRTING WITH A STALEMATE

Tags:  PGOV KDEM PHUM PREL KE 
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C O N F I D E N T I A L NAIROBI 001348 

SIPDIS

SIPDIS

LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 02/08/2026
TAGS: PGOV KDEM PHUM PREL KE
SUBJECT: PARLIAMENT ALREADY FLIRTING WITH A STALEMATE

REF: NAIROBI 1262

Classified By: Political Counselor Michael J. Fitzpatrick for
reasons 1.4 (b,d)

C O N F I D E N T I A L NAIROBI 001348

SIPDIS

SIPDIS

LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 02/08/2026
TAGS: PGOV KDEM PHUM PREL KE
SUBJECT: PARLIAMENT ALREADY FLIRTING WITH A STALEMATE

REF: NAIROBI 1262

Classified By: Political Counselor Michael J. Fitzpatrick for
reasons 1.4 (b,d)


1. (SBU) SUMMARY: President Kibaki kicked off the re-opening
of the long-suspended Parliament March 21 by highlighting the
government,s economic successes and glossing over or
completely ignoring issues potentially damaging to the
government. As expected, the opposition was quick to
criticize the President,s speech for failing to address the
real issues facing Kenya, including national reconciliation
and allegations of mercenaries in Kenya. The opposition's
subsequent withrawal from the highly influential House
Business Committee bodes poorly for Parliament's ability to
set aside political differences and sucessfully tackle its
long list of legislative priorities. END SUMMARY.

--------------
Lackluster Speech Focuses on Successes
--------------

2. (SBU) Kibaki lamented that the legislative performance of
the previous session of Parliament had not met Kenyans'
expectations, with a mere 7 bills passed of the 25 proposed.
He appealed to MPs to put aside politics and to focus on the
legislative priorities of Kenyans (as defined by his
government) to advance the social and economic development of
the country.


3. (SBU) President Kibaki outlined the legislative priorities
for Parliament to include new and old bills. Among them are:
the Statute Bill, which would amend the Public Officer Ethics
Act of 2003 to require public declarations of wealth and
assets; a bill increasing the number of judicial officers to
improve the capacity of the judiciary; the Witness Protection
Bill, designed to afford greater protection to
whistleblowers; a bill which would enable the government to
recover money obtained illegally; and the Political Parties
Bill, which would allow for the Treasury to fund political
parties in an effort to level the playing field for all and
to reduce corruption. Other bills to be tabled include those
relating to small and medium scale enterprises,
micro-finance, savings and credit cooperatives, the cotton

and coffee industries, banking, gender equity, and the
management of local authorities.


4. (SBU) Kibaki also delivered something of a state of the
union address in attempt to dazzle critics with highlights of
his administration's contribution to Kenya,s economic
performance, and its efforts to respond to the current
drought. He glossed over several contentious issues, spinning
them to present the government,s actions in a good light.
The opposition was anything but fooled, and booed loudly when
the President praised government anti-corruption efforts, the
constitutional review process, and respect for the freedom of
the press. Much of Kibaki,s address following these
statements was lost as government supporters attempted to
drown out their opposing ranks, boos with enthusiastic foot
stomping.

--------------
Critical Retorts
--------------

5. (SBU) Kibaki,s rather predictable speech stood in stark
contrast to National Assembly Speaker Francis Ole Kaparo,s
rousing denunciation of the government,s failure to improve
the lot of ordinary Kenyans who, as he put it, exist in a
state of &hopelessness8. Kaparo also condemned the
government,s encroachment on democratic space, stating
&speaking the truth has been criminalized in our times.8
This was greeted with fiercely supportive foot stomping by
the opposition.


6. (C) Not unexpectedly, the opposition criticized Kibaki,s
address for failing to promote reconciliation and national
healing following last November,s politically polarizing
referendum vote. Orange Democratic Movement luminary Raila
Odinga described the President,s speech to the DCM as
&hopeless8 for being out of touch with the real issues
important to Kenyans. He upbraided the President for making
no mention of the allegations of foreign mercenaries hired to
destroy the opposition. The President,s continued silence on
the March 2 media raid also rankled the opposition.
--------------
Breakdown in Parlaiment
--------------

7. (SBU) During Parliament's first day of business,
political wrangles emerged over the composition of the House
Business Committee (HBC). (NOTE: The HBC is the most powerful
committee in Parliament, as it determines the agenda and
functioning of Parliament. Additionally, the composition of
the parliamentary sub-committees mirror that of the HBC. END
NOTE.) The HBC chairman, Vice President Moody Awori,
announced that the HBC would be comprised of 14
pro-government and six opposition members. This is in stark
contrast to past practice, which has maintained that the
composition of the HBC should be 11 pro-government to nine
opposition members. The government argues that LDP,s seats
are to be counted among the government members, given LDP's
membership in the ruling coalition since 2002. However, in
light of the falling-out between LDP and it's NARC partners,
LDP was allocated only one slot. Odinga, LDP's de facto
leader, denounced the inadequacy of the single seat allotted
to LDP and argued that his party deserved three seats, which
would raise the ratio to the customary 9-11. Government
supporters rejected this argument.


8. (C) Recognizing that it lacked the numbers to challenge
the government,s overwhelming majority, the opposition
withdrew its membership in HBC rather than lend legitimacy to
the committee,s decisions. Following the day,s events,
Awori, declared that the committee did not need opposition
members to carry out its mandate and would operate without
them. Chief KANU Whip and Parliamentary Accounts Committee
(PAC) member Justin Muturi told Pol Specialist March 23 that
should this one-sided HBC subsequently suppress the tabling
of the PAC,s report on Anglo-Leasing (which would be
tempting for HBC Chairman Awori, who is certain to be
mentioned adversely in the report),the opposition may take
their battle to the streets.


9. (SBU) COMMENT: Government supporters, in seizing an
opportunity to have full control of this critical body, may
also have provided the opposition fodder to discredit the HBC
as insular and unrepresentative. This is likely to translate
into many more nasty exchanges in Parliament, meaning the
prospects for completing any serious business during this
session are dim. END COMMENT.
BELLAMY