CODEL DREIER IN KENYA: MEETING WITH PARLIAMENTARY

C O N F I D E N T I A L NAIROBI 002952

SIPDIS

SIPDIS

LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 07/05/2026
TAGS: KDEM PTER PREL ASEC KE SU SO
SUBJECT: CODEL DREIER IN KENYA: MEETING WITH PARLIAMENTARY
COMMITTEE MEMBERS

REF: 05 NAIROBI 2964

Classified By: D/Political Counselor Lisa Peterson for reasons 1.4 (b,d
)


1. (SBU) SUMMARY: CODEL Dreier met with members of the Legal
Affairs and Defense and Foreign Relations Parliamentary
Committees July 6 in Nairobi. The eleven members of
Parliament, including Deputy Speaker of the House, David
Musila, raised a number of concerns including U.S.
counter-terrorism efforts, compensation for victims of the
terrorist attacks in Kenya in 1998 and 2002, U.S. policy in
Somalia and Sudan, visa policy, and Article 98. The MPs also
revisited the Ambassador's 2005 Fourth of July remarks,
popularly misinterpreted as having called for "regime change"
in Kenya. CODEL Dreier is in Kenya as part of the U.S. House
of Representatives Democracy Assistance Commission (HDAC)
program. END SUMMARY.

TERRORISM: NOT A KENYAN PROBLEM
--------------

2. (SBU) "International terrorism is not our major concern,"
stated G.G. Kariuki, Chairman of the Defense and Foreign
Relations Committee. As such, the MPs questioned the urgency
of passing CT legislation. MP Amina Abdalla commented that
the U.S. "aggressively" pushing for anti-terror laws has
resulted in anger and "more potential for terrorism." MP
Paul Muite, Chair of the Legal Affairs Committee, told the
CODEL that personal security, not terrorism, for Kenyans, was
the number one concern. He argued that the U.S. should not
only support Kenya in curbing crime, the but should also
adequately compensate the victims of the 1998 Embassy bombing
in Nairobi and the 2002 attack in Mombasa, as well as
compensate the country for lost tourism revenue. MP Mardsen
Madoka differed with Muite, commenting that Kenya should have
CT legislation right away, because payment would mean nothing
if another attack occurred. Members of the CODEL, however,
emphasized that should another terrorist attack occur in
Kenya, tourism would dry up altogether.


3. (SBU) Describing the U.S. attitude toward Kenya as
"arrogant," Kariuki offered as evidence the Ambassador's 2005
Fourth of July speech in which, he argued, the Ambassador
said the U.S. would support anyone willing to overthrow the
Kenyan government (reftel). MP Njoki Ndung'u concurred,
suggesting that the speech was the start of bumpier
U.S.-Kenya relations. U.S. policy had "spoiled relations"
with Kenya, Muite concluded.

KENYA'S NEIGHBORHOOD
--------------

4. (SBU) Decrying what they perceive to be a lack of U.S.
respect for Kenya and Kenyan interests in the region, the MPs
questioned why Kenya was not included in the Somalia Contact
Group meeting in June. They also questioned U.S. policy in
Somalia more generally, saying it was fueling instability and
creating insecurity in Kenya. Ndung'u argued that "U.S.
support for warlords" was undermining Kenya's efforts to
bring peace to its troubled neighbor, and signaled U.S.
disregard for Kenyan interests. Kariuki added that U.S.
foreign policy interests were not necessarily adaptable to
Kenyan interests, suggesting the U.S. continues to have a
Cold War view of the world.


5. (SBU) Representative David Price asked the committee
members what further possibilities there are for the African
Union in ending the humanitarian crisis in Darfur. Deputy
Speaker Musila responded that Darfur "is not much of a
concern." Southern Sudan is the priority for Kenya, whereas
Darfur is an international matter. Muite added that while
there was an ongoing humanitarian crisis in Darfur, Kenyans
were also starving, so "our passion for that is exhausted."
Other MPs echoed this sentiment, commenting that the U.S.
should be more concerned and not simply leave crises such as
Darfur to Africa. Representative Michael Capuano argued,
however, that no country had contributed more than the U.S.
in Sudan, around the world, and in Kenya.

VISAS, ARTICLE 98 ALSO CONCERNS
--------------

6. (SBU) On U.S. visa policy, the MPs told the CODEL that
treatment of Kenyans was poor. Ndung'u remarked that the

"ban" on Kenyan officials traveling to the U.S. was merely
punitive and imposed without due process or adequate
explanation. Better treatment would result in improved
responsiveness from the Government of Kenya on issues of
importance to the U.S., she added. Characterizing the U.S.
interest in signing an Article 98 agreement with Kenya as
trying to create exemptions, the MPs asked the CODEL why the
U.S. felt it could write its own rules. They added that
cutting defense support was unfair given how supportive Kenya
has been of U.S. military operations in the region.

LIVELY EXCHANGE
--------------

7. (SBU) The CODEL appreciated the frank exchange of views,
emphasizing the strong, historical relationship between the
U.S. and Kenya. Representative Dreier explained that
disagreement leading to productive dialogue was a healthy
sign of democratic government, noting that the U.S. and Kenya
have a great deal in common despite the differences
highlighted. He added that terrorism is an attack on all
democracies, and that although personal security may be a
priority for Kenyans, crime and terrorism are linked. The
CODEL also appreciated that the MPs highlighted the
Ambassador's Fourth of July speech, noting that it was
unacceptable for a State Department official to call for the
overthrow of a democratically elected government. If such a
statement had been made, there were mechanisms in U.S. law
for holding individuals accountable. Representative Donald
Payne commented that it appeared ill-conceived for the
Department not to invite Kenya to a meeting on Somalia,
particularly when other countries in the region were
included. Representative David Schiff noted that there is no
tradition of forcing victims of a crime to compensate other
victims; the responsibility lies with the perpetrator, which
the U.S. was not, in the case of the 1998 Embassy bombing.
He also stated that the U.S. could probably do a better job
of understanding Kenya's priorities.


8. (C) COMMENT: Only a wildly imaginative reading of the
Ambassador's 2005 Fourth of July remarks could yield a
"regime change" interpretation. Nonetheless, it is this
misreading that has gained currency among Kenyan politicians,
and remains for them a landmark when discussing perceived
U.S. slights. The Ambassador's speech is available on the
Embassy's public website and we have provided copies to the
visiting delegation. The meeting was an airing of every
popular misconception of U.S. policy in Kenya and the region,
issues on which we have, and continue to, engage our Kenyan
interlocutors. END COMMENT.


9. (U) CODEL Dreier has not cleared this message.
ROWE