KENYA: POLICE REFORM

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 001102

SIPDIS

DEPARTMENT FOR AF/E SUSAN DRIANO

E.O. 12958: DECL: 06/03/2039
TAGS: PREL PGOV KDEM ASEC PINS SOCI PINR KE
SUBJECT: KENYA: POLICE REFORM


1. (C) Summary. A combination of domestic-driven and
international pressure, particularly from the U.S., may bring
about some police reform by the fall. The recently-appointed
Task Force on Police reform, which was initially greeted with
skepticism, is led by a reputable former judge intent on
presenting recommendations for major overhaul of the police.
A big question is whether Police Commissioner Ali will be
removed, since no meaningful reform can take place under his
watch. We are working with the Task Force and will maintain
pressure for reform. End summary.


2. (C) Reform of the police is a key part of the reform
agenda adopted when the coalition government was formed. The
Waki Commission, formed as part of the political settlement
last year, issued a report which called for sweeping reform
of the police. The coalition government recently appointed a
Task Force on Police Reform, which is expected to present its
findings by the end of July. Initially there was great
skepticism about the Task Force, which was seen as a possible
attempt either to undercut the Waki recommendations on the
police or to delay police reform. However, the Task Force
could end up being a credible mechanism to trigger serious
police reform, particularly if it focuses on a few critical
reforms (such as establishment of an internal affairs unit
and an external oversight board). Septels will lay out in
detail issues relating to the police.


3. (C) The Task Force is headed by Phillip Rensley, a
reputable former judge who is well-regarded. The Task Force
has requested and accepted foreign expert assistance, and
there is already a UK-funded expert. We have offered expert
assistance through resources already available at our
Mission. If the Task Force requests further assistance, we
will seek Washington support for provision of expertise.


4. (C) The Ambassador recently met with Rensley. He
acknowledged the skepticism initially evident regarding the
Task Force, but insisted that he is determined to make
recommendations for fundamental changes. He said that he
would do this in a transparent manner, by holding hearings
throughout the country and through consultation with civil
society, and partners such as the U.S. Rensley said that he
already had in mind a basic recommendation to establish an
independent body which could receive and adjudicate
allegations of police corruption and abuse. The Task Force,
he said, will present detailed recommendations which can be
implemented immediately. The Task Force will, for example,
present draft legislation on police reforms that Rensley
hopes will require major changes to be made quickly.
President Kibaki has just announced a proposed restructuring
of the police senior command. Whether this is intended as
the beginning of serious reform or as a means of pre-empting
the Task Force remains to be seen.


5. (C) Rensley agreed that it will be difficult, if not
impossible, to carry out meaningful reform while Police
Commissioner remains in office. Rensley, however, skirted
the Ambassador,s question whether the Task Force would
recommend Ali,s removal. There is increasing speculation )
some of it sourced to the President,s team ) that the Task
Force will be used as a means to force out Ali and to
replace him with a professional police person. The media
recently quoted a State House source as stating that &we are
determined to dismiss Ali but on the basis of the task force
which is also investigating his conduct. We can not sack him
using the UN report since that would be tantamount to
surrendering our sovereignty to foreign forces.8
Interestingly, in a conversation with the Ambassador about a
month ago, Finance Minister Uhuru Kenyatta told the
Ambassador that he and a group of others around the President
had persuaded him to dismiss Ali, but then the initial report
of Professor Alston, the Special Rapporteur on Extrajudicial
Killings, had come out. This, Kenyatta said, derailed
efforts to remove Ali, since the President did not want to be
seen as responding to such direct pressure. (The Alston
report specifically called for Ali,s dismissal.)


6. (C) The Alston report on extrajudicial killings coupled
with the pressure that the U.S. and others have been exerting
on this issue has, however, escalated efforts to remove Ali
and to reform the police. Alston,s final report was just
released and has been prominently covered in the Kenyan media
(details septel).


7. (C) Pressures are converging which may result in
significant reform of the police, including the removal of
Commissioner Ali. That said, it is worth noting that Ali
reportedly enjoys the protection of the President,s spouse
Lucy, and he undoubtedly has a great deal of damaging
information about a lot of key people. Ali, an active duty
military officer, could be given a soft landing in the armed

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forces, but there is reportedly no enthusiasm among the
military for his return there.


8. (C) We will continue to encourage and support the Task
Force to develop meaningful recommendations for serious
police reform, and expeditious implementation of them.
RANNEBERGER