Identifier
Created
Classification
Origin
06NAIROBI2759
2006-06-25 12:13:00
CONFIDENTIAL
Embassy Nairobi
Cable title:  

KENYAN OPPOSITION TO ASSISTANT SECRETARY FRAZER:

Tags:  KDEM PREL KCOR PTER KE SO 
pdf how-to read a cable
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C O N F I D E N T I A L NAIROBI 002759 

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/22/2026
TAGS: KDEM PREL KCOR PTER KE SO
SUBJECT: KENYAN OPPOSITION TO ASSISTANT SECRETARY FRAZER:
DEMOCRACY "BACKSLIDING"

REF: NAIROBI 2616

Classified By: Political Counselor Larry Andre for reasons 1.4 (b,d)

C O N F I D E N T I A L NAIROBI 002759

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/22/2026
TAGS: KDEM PREL KCOR PTER KE SO
SUBJECT: KENYAN OPPOSITION TO ASSISTANT SECRETARY FRAZER:
DEMOCRACY "BACKSLIDING"

REF: NAIROBI 2616

Classified By: Political Counselor Larry Andre for reasons 1.4 (b,d)


1. (C) SUMMARY: The Kibaki Government is unresponsive and
acting with impunity, opposition leaders told Assistant
Secretary Jendayi Frazer during a June 21 meeting in Nairobi.

SIPDIS
The only solution is for Kenyans to vote in a new
government, which is why politicians are fixed on the 2007
general election, more than a year away. The members of
Parliament shared their perspective on the state of Kenyan
politics, decrying the "backsliding" of democracy and
governance in the country. They also offered their views on
ways the U.S. could better assist Kenyan institutions to
improve government accountability. Assistant Secretary
Frazer emphasized the importance to the U.S. of supporting
and assisting Kenya to end corruption, eliminate the
terrorist threat to the region, and advance its democratic
development. END SUMMARY.

IMPUNITY RULES
--------------


2. (C) On June 21, Assistant Secretary Jendayi Frazer met
with Kenyan opposition leaders Uhuru Kenyatta (KANU),Leader
of the Official Opposition and MP for Gatundu South; General
Joseph Nkaissery (KANU) MP for Kajiado Central; and Ochillo
Ayacko (Liberal Democratic Party, LDP) MP for Rongo
constituency. The overriding theme of the discussion was the
extent to which the current Kenyan government (or more
specifically an "inner core of a few individuals accountable
to no one," according to Kenyatta) is acting on its own
whims, entirely unresponsive to the demands of Kenyan
citizens. The recent "Armenian incident" (reftel) is a
glaring example of this. Because the government has no clear
direction and moves from one crisis to the next, the public
and opposition are focused intently on the late 2007 general
elections. They want the government out. Encouraging them
to engage their constituents on substantive issues, Assistant
Secretary Frazer urged the MPs to not simply run out the

SIPDIS
clock waiting for the next election.

CONSTITUTIONAL REFORM: AN UNFULFILLED PROMISE

--------------


3. (C) Initially to have been delivered within 100 days of
taking office in 2002, seven months after the defeat of the
largely government-supported draft constitution in the
November 2005 referendum, Kenya has no indication from Kibaki
how constitutional reform will proceed, Kenyatta remarked.
Indeed, there is no provision in the proposed budget for
continuing the review process, he added. Improved governance
is on hold without a new constitution, Ayacko explained. For
example, under the current document, the ability of
Parliamentarians to introduce legislation is severely
limited; the government determines Parliament's agenda and
schedule, which reinforces the dominance of the executive and
its supporters. This relegates Parliament to a merely
reactionary role, Kenyatta commented. Statehouse has no
interest in pursuing constitutional reform, or in stemming
grand scale corruption which has plagued the country, he
observed.

POACHING MPS
--------------


4. (C) Another step back for Kenyan democracy which the KANU
MPs highlighted was the damage done by the government's
repeated "poaching" of their members by appointing them to
government positions, and the resultant weakening of
political parties. This has "killed democracy," Nkaissery
commented. Kenyatta lamented that when the NARC coalition
began to disintegrate, the government "illegally raided the
opposition." Ayacko, a former Kibaki cabinet minister whose
LDP was part of 2002's victorious NARC, observed that because
the parties in Kenya have been so weakened, in 2007 it will
be necessary to again consider coalitions, although
politicians fear dominance from other parties and a loss of
ideology.

BEYOND NAIROBI POLITICS
--------------


5. (C) Nkaissery, who during his military career had served

as former President Moi's Military Intelligence Advisor on
Somalia and Sudan, recounted the important role Kenya had
played in regional stability and in the African Union.
Ayacko added that the U.S. should bear in mind that policy in
East Africa must include Kenya. Assistant Secretary Frazer
agreed that the Kenyan record was indeed strong, but added
that recently, although Nairobi's policy on regional issues
remained in alignment with that of the U.S., Kenyan
leadership had flagged. Assistant Secretary Frazer urged the
MPs to step back from personality politics and focus
electoral debate on the serious issues affecting Kenya, such
as weapons proliferation and international terrorism.


6. (C) Nkaissery was concerned, however, that although Kenya
shares the U.S. interest in fighting global terrorism, he
felt the U.S. was not offering the country enough support.
Assistant Secretary Frazer noted that along with seeing an
end to crippling levels of corruption and supporting
multi-party democracy, a U.S. priority for Kenya and the
region is eliminating the terrorist threat. That includes
training, coastal security, and anti-piracy programs, some of
which are affected by Article 98. The U.S. would also like
to see anti-terror legislation, she added, but reiterated
that it had to be a Kenyan law developed by consensus that
does not single out one group of citizens for unjust and
unequal treatment (referring to the explicit anti-Muslim
language in one of the draft anti-terrorism bills). Kenyatta
agreed with the need for inclusive dialogue on this important
issue, but as long as the government insisted on writing
bills without consultation, there would be resistance.

WHAT THE U.S. CAN DO: HELP STOP THE BACKSLIDING
-------------- --


7. (C) Amid the euphoria following the 2002 election of the
Kibaki "reform" government, the donor community stood by and
watched as a "culture of impunity" developed among high level
officials, Kenyatta argued. More pressure and friendly
urging, however, could go a long way, he added, noting that
the U.S. and other donors had given the government "too much
leeway." Ayacko and Kenyatta argued for the use of
development assistance as a tool for encouraging government
responsiveness. Kenyatta suggested that donor-funded
programs, the implementation of which the government relied
on for survival, could be an effective pressure point.
Ayacko, however, contended that much needed assistance should
not be shut off, rather examined more carefully. Contracts
for donor-funded infrastructure projects, road building, for
example, are often awarded at exorbitant prices, with the
excess going into corrupt pockets. Because of the government
malfeasance and impunity, U.S. support for democracy and good
governance is more important than ever, he concluded.


8. (U) Assistant Secretary Frazer has cleared this message.
BELLAMY