A/S CARSON AND NSC SENIOR DIRECTOR GAVIN'S MEETING WITH

C O N F I D E N T I A L SECTION 01 OF 03 NAIROBI 001080

SIPDIS

DEPARTMENT FOR A/S CARSON, NSC FOR SENIOR DIRECTOR FOR
AFRICA GAVIN

E.O. 12958: DECL: 06/02/2039
TAGS: PREL KDEM PHUM PINR PGOV KE

SUBJECT: A/S CARSON AND NSC SENIOR DIRECTOR GAVIN'S MEETING WITH
PRESIDENT KIBAKI

REF: A. NAIROBI 807

B. NAIROBI 712

C. NAIROBI 458

D. NAIROBI 413

Classified By: Ambassador Michael E. Ranneberger for reasons 1.4 (B
and
D)

SUMMARY
--------------


1. (C) Assistant Secretary for African Affairs (A/S) Johnnie
Carson and National Security Council (NSC) Senior Director for
Africa Michelle Gavin met with President Mwai Kibaki and
several high-ranking GOK officials on May 12. A/S Carson
told Kibaki that his visit was meant to underscore the
enormous friendship and long-standing partnership between the
United States and Kenya. However, Carson stated that his
visit was also meant to emphasize concern in Washington that
the coalition government is pulling apart rather than coming
together and that this threatens implementation of the reform
agenda and renewed instability. Carson told Kibaki that the
U.S. - Kenya partnership will strengthen politically and
economically if Kenya moves forward as a strong democracy and
offered U.S. assistance to keep things on track. NSC
Senior Director for Africa Gavin commented that President Obama is
"deeply concerned" with the lack of progress on reform.
Gavin also conveyed a message from the President that there
will be no "business as usual" with actors who obstruct the
reform agenda or who advocate a return to violence, but added
that the U.S. wants to help Kenya move forward.


2. (C) President Kibaki expressed his gratitude for U.S.
involvement during the crisis, but denied that Kenya was not
making progress. Kibaki stated that the coalition government
is moving forward together. He allowed the other attendees
to discuss progress in implementing the reform agenda, mostly
formation of commissions which GOK interlocutors termed as
executive in nature. A/S Carson replied that process is no
substitute for progress, and that progress is not a
substitute for postive, full implementation of the reform
agenda. A/S Carson also highlighted Washington's growing
concern about the human rights situation and police impunity.
The recent assasination of two human rights activists and
the subsequent lack of progress investigating the case, had,
"cast an enormous shadow over police and the judicial process
as a whole," according to Carson. Failure to hold people
accountable contributes to the perception that Kenya is not
moving in the right direction and this is the reality that
the GOK must deal with, he warned. A/S Carson stressed the
importance that the coalition partners continue to seek
dialogue and reconciliation, and to find accommodation to
reduce tensions. He concluded by reiterating the importance
of Kenya and the United States' continuing commitment to
helping Kenya move forward. End Summary.

A Strong U.S. - Kenya Partnership
--------------


3. (C) Assistant Secretary for African Affairs (A/S) Johnnie
Carson and National Security Council (NSC) Senior Director for
Africa Michelle Gavin met with President Mwai Kibaki on May

12. The meeting was also attended by several high-ranking
GOK officials, including Minister of Internal Security and
Provincial Administration George Saitoti, Minister of
Justice, National Cohesion and Constitutional Affairs
(Minister of Justice) Mutula Kilonzo Attorney General Amos
Wako, and the Head of the Civil Service Francis Muthaura.
A/S Carson noted the fact he made Kenya his first substantive
trip since being confirmed as A/S underscores the importance
we attach to the relationship. A/S Carson noted that Kenya
is the United States' strongest partner in East Africa and on
the Horn of Africa. He added that the U.S. Embassy in
Nairobi is the largest in sub-Saharan Africa and represents a
fundamental belief in the strength of our relationship.

... But Renewed Concern
--------------


4. (C) However, A/S Carson explained that a second reason
for his trip to Kenya is to express renewed and deep concern
that the grand coalition government not fully implementing
the reform agenda. Public frustration is building and could
lead to increased instability if the reforms are not
implemented. The Assistant Secretary stated that the U.S. -
Kenya partnership will be much stronger on the political and
economic fronts if Kenya continues to move forward as a

NAIROBI 00001080 002 OF 003


strong democracy. A/S Carson offered U.S. help to keep
things on track, but stated the U.S. will also speak out to
urge action.

President Obama Deeply Concerned
--------------


5. (C) National Security Council Senior Director for Africa
Michelle Gavin stated that she had spoken with President
Barack Obama about Kenya before departing Washington. Gavin
stated that the President wanted her to come to Kenya with
the A/S to make clear the concerns of the White House. She
told Kibaki that President Obama is "deeply concerned" with
events in Kenya and relayed the President's view that
political gridlock threatens stability and implementation of
the reform agenda, which she termed most important for
Kenya's long-term future. She noted that, because Kenya is
such an important nation, the U.S. wants to help Kenya move
forward in a way that will give Kenyans more opportunities.
Gavin told Kibaki that President Obama asked her to convey
the message that there will be no "business as usual" with
actors who obstruct the reform agenda or who advocate a
return to violence.

Kibaki: We Are On Track
--------------


6. (C) In brief remarks, President Kibaki said, "I see a
different picture; the picture I have is we (the coalition
partners) are getting close together." He denied that Kenya
was returning to crisis and he did not see why people think
the grand coalition government is pulling apart. The grand
coalition government is moving forward together to solve
Kenya's problems. He supposed that the concern may be caused
by the large amount of political noise surrounding certain
issues. With that, Kibaki asked the other attendees to brief
A/S Carson on the achievements of the coalition government,
which included the recent formation of a police reform
commission (Septel),the appointment of an interim electoral
commission (Reftel A),the upcoming appointment of an interim
boundary commissions to re-set electoral boundaries, and
resolving financial constraints on the work of the recently
appointed Constitutional Panel of Experts (Reftel B),and
that Cabinet is preparing to consider a report on land
reform. Looking forward, Minister of Justice Mutula Kilonzo
said that judicial reform was high on his agenda and that he
will work with Prime Minister Raila Odinga's Orange
Democratic Movement (ODM) to agree on the necessary steps.
Kilonzo agreed that progress on the reform agenda has been
slower than anticipated, but argued that progress is being
made. He argued that any perceived delay in pursuing the
reform agenda is due to debate and disagreements that are
inherent in Kenya's democratic system. All interlocutors
noted that these processes are expensive and that the GOK is
facing severe financial constraints. All asked A/S Carson to
consider providing financial support to these processes.

Process Is No Substitute for Progress
--------------


7. (C) A/S Carson expressed his appreciation for the work
that has been done thus far, but stressed that "process,
while important, is no substitute for progress." He
elaborated that progress itself is not a substitute for full,
positive implementation of the reform agenda. He warned that
the Kenyan public is becoming increasingly impatient with the
perception that the GOK is going slow on implementation. A/S
Carson also told the attendees that he is well aware of
Kenya's history of responding to complex crises with
commissions, but that Kenya has rarely acted on their
recommendations. He told Kibaki that the GOK needs to act on
the recommendations of the recently-formed commissions or
else the public will lose faith in the government. On the
issue of financial support, A/S Carson noted that the U.S.
has been a strong and reliable donor to Kenya and is prepared
to help as much as it can. He made clear that the U.S. will
help, but only as part of progress towards full
implementation of the reform agenda. A/S Carson warned that
the U.S. does not wish to assist processes that go on and on
without achieving results. Carson also stress the need for
full and equal power-sharing within the coalition.

A Warning on Human Rights
--------------


8. (C) A/S Carson also delivered a strong message on human
rights, police impunity, and the need for accountability.
Carson told Kibaki that the "assasination" of two prominent

NAIROBI 00001080 003 OF 003


human rights activists (Reftel C) had shaken Washington. The
subsequent lack of investigation or arrests has cast an
enormous shadow over the police and the justice system as a
whole. This is the reality that the government must deal
with, A/S Carson told Kibaki. He added that President Kibaki
had the power to act to improve this perception. In a barely
disguised plea for Kibaki to remove Police Commissioner
Hussein Ali, who has been linked with extrajudicial killings
by the U.N. Special Rapporteur for Extrajudicial Killings
(Reftel D),Carson stated that the President has the power to
remove an official who is either derelict in his duty or
found wanting. It is the failure of Kenyan government to
remove officials who are unable to execute their jobs that
contributes to the perception that things are not moving
forward, Carson added.

Kenya's Importance
--------------


9. (C) A/S Carson reaffirmed Kenya's importance to the U.S.,
stating that no country between Cairo and Capetown is more
important than Kenya. The deep friendship and deep
partnership requires the U.S. to air its concerns that the
reform agenda is not moving forward, he added. Responding to
an argument made by the Head of the Civil Service Francis
Muthaura that political gridlock is a result of Kibaki's
party not agreeing with ODM's position on appointments and
the nature of power-sharing, the Assistant Secretary stated
that, in a tense environment such as Kenya, it is important
that the coalition partners continually seek dialogue and
reconciliation, and pursue accommodation to reduce tensions.
Carson added that Kenya's post-election violence had impacted
most of East Africa and that Washington would speak out if
there is a possibility of renewed violence.


10. (C) In response, President Kibaki stated that "if these
guys (the Ministers present) say they will undertake reforms,
they will do it and will do things with an eye towards
implementation, not just process." "We are going to act,"
Kibaki stated. He then appealed to A/S Carson for financial
assistance to, "do the things that must be done." Kibaki
re-emphasized his view that the Coalition government is
functioning well and thanked A/S Carson for his visit.


11. (U) This cable has been cleared by A/S Carson and NSC Senior
Director for Africa Gavin.

RANNEBERGER