KENYA ELECTIONS: ELECTORAL COMMISSION UPDATE

UNCLAS NAIROBI 001792 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL KDEM PGOV KE SUBJECT: KENYA ELECTIONS: ELECTORAL COMMISSION UPDATE REF: A. NAIROBI 1385 ¶B. NAIROBI 1669 ¶C. NAIROBI 220 ¶1. (U) SUMMARY: On April 19, the DCM and the German and Swiss Ambassadors called on Commissioners of the Electoral Commission of Kenya (ECK) to discuss the ECK's administration of Kenya's next general election, expected in December. Among the topics discussed were: presentation of a non-paper detailing diplomatic support for Kenya's electoral process, voter registration plans, composition of the ECK, and pending legislative changes including the addition of constituencies. END SUMMARY. ¶2. (U) The DCM and the Swiss and German Ambassadors met with ECK Commissioners on April 19, the second of regular sessions with the ECK during this election season. The ECK was represented by Chairman Samuel Kivuitu and Commissioner Ambassador J.B. Tumwa, as well as four of nine Commissioners appointed in January (ref C): Joseph Hamisi Dena, Felista N. ole Churie, Abdi M. Ibrahim, and Luciano Riunga Rainji. The DCM and Ambassadors presented a non-paper jointly developed by members of Nairobi-based diplomatic missions which details principles which will guide signatory missions' support for Kenya's electoral process (ref B). The DCM underscored the U.S.' commitment to neutrality during the election season. Chairman Kivuitu appreciated the diplomats' commitment to the ECK and their willingness to speak out if a situation arises. Simultaneous Elections -------------- ¶3. (U) While the ECK is busy preparing for December's general election, they will also be administering a parliamentary by-election in Coast Province's Magarini constituency on May 14. Chairman Kivuitu informed the Ambassadors and DCM that a team of Commissioners had already been sent to Magarini to observe participants' conduct, and that a peace committee for Magarini had been established. He recalled that the diplomats had in December urged a strong ECK response to the serious misconduct during the July 2006 by-elections. With respect to the general election, Kivuitu expressed appreciation for donor support to the ECK via UNDP (ref B) and stated that preparations for the general election were going well. ¶4. (U) The ECK faces challenges in the voter registration process, however, in particular, inaccuracies in the voters' register, and persistent difficulties with the issuance of national identity cards, Kivuitu said. The first problem arises from inaccurate record-keeping of deaths. On the second, Kivuitu estimated that there is a gap of 2.5 to 3.5 million eligible Kenyans who have not been able to register to vote. Uncollected identity cards and low rates of application among Kenyans, rural farmers, for example, who do not think they need a national i.d., are problems. To relieve the backlog, the government has improved i.d. card processing equipment, and the registrar of persons has also been more cooperative. In the period May to June the registrar expects to process 2.5 million national i.d. cards. This will lead into the ECK's second (and likely last before the election) voter registration drive in June. (NOTE: The first of the year was in March, and did not produce the number of registrations officials hoped for. END NOTE.) ECK Composition -------------- ¶5. (U) Asked about relations within the ECK since the January addition of nine new commissioners (ref C),Kivuitu was upbeat, noting that everyone was "getting on very well." Kivuitu dismissed suggestions that there is within the ECK a government "clique," a reference to the criticism that the government made the nine January appointments without consulting the opposition. On the status of his own tenure, Kivuitu had nothing to report, but remarked that he and others whose terms end in June and October were proceeding without consideration that they may not be part of the ECK at election time. It would be irresponsible to do otherwise, he added. The diplomats offered to lend their support for continuity of the ECK's leadership through the election season. Ambassador Tumwa remarked that it would be helpful if Heads of Mission encouraged their political interlocutors to refrain from publicly referring to the "old" and "new" commissioners as it damaged the credibility of the ECK. Electoral Reforms -------------- ¶6. (U) Parliament has before it this session proposals for changes to the electoral process. Despite profound implications for the ECK, the Commission has not been invited to the debate. One, the Political Parties Bill, includes a provision for public funding of political parties. Kivuitu was concerned that if passed, implementation would require significant capacity building. Another proposal calls for an undefined "autonomous" registrar of political parties within the ECK. Parliament is also expected to take a decision on increasing the number of constituencies in the country. In accordance with a constitutional requirement, the ECK has submitted its recommendation on how many constituencies should be added. Kivuitu suspected that MPs were stalling until they know where the new constituencies would be located. While parliament determines the number, it is the ECK that decides the locations - information it does not divulge because of the political ramifications. Adding more constituencies too close to the election could be "disastrous" he said, noting that voting on a single day might not be possible in that case. What the Diplomats Can Do -------------- ¶7. (U) Asked what role diplomatic missions could fill, Kivuitu suggested that they convey a strong message against electoral violence, and in support of women candidates. Commissioner Rainji added that Missions should demand that inciters of violence be held accountable, and suggested that Heads of Mission could also help by encouraging political parties to operate more democratically. Ambassador Tumwa noted that the media is sometimes responsible for provoking violence. Chairman Kivuitu said he had in the past worked to persuade media to agree to a code of conduct for the election and would appreciate support with this. The Heads of Mission agreed that they could initiate a dialogue with media editors to uphold professionalism and support a media members code of conduct developed within the industry. ¶8. (SBU) COMMENT: Chairman Kivuitu continues to be optimistic about the ECK's ability to run the election well, despite significant challenges, including his own job security. In contrast to private conversations, Kivuitu was far less candid about some of the difficulties facing the ECK, perhaps because of the presence of the four "new " commissioners. END COMMENT. RANNEBERGER