Identifier
Created
Classification
Origin
09NAIROBI1168
2009-06-11 11:54:00
CONFIDENTIAL
Embassy Nairobi
Cable title:  

KEY PARLIAMENTARIAN PESSIMISTIC ON REFORMS, SEEKS

Tags:  PGOV PREL KDEM KE 
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O 111154Z JUN 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9798
INFO RUCNIAD/IGAD COLLECTIVE
RHMFISS/CJTF HOA
RUZEFAA/CDR USAFRICOM STUTTGART GE
RUZEFAA/HQ USAFRICOM STUTTGART GE
C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 001168 

SIPDIS

AF/E FOR SUSAN DRIANO

E.O. 12958: DECL: 05/11/2019
TAGS: PGOV PREL KDEM KE
SUBJECT: KEY PARLIAMENTARIAN PESSIMISTIC ON REFORMS, SEEKS
U.S. SUPPORT TO CREATE NEW POLITICAL FORCE

REF: A. NAIROBI 1101

B. 08 NAIROBI 1692

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

SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 001168

SIPDIS

AF/E FOR SUSAN DRIANO

E.O. 12958: DECL: 05/11/2019
TAGS: PGOV PREL KDEM KE
SUBJECT: KEY PARLIAMENTARIAN PESSIMISTIC ON REFORMS, SEEKS
U.S. SUPPORT TO CREATE NEW POLITICAL FORCE

REF: A. NAIROBI 1101

B. 08 NAIROBI 1692

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

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


1. (C) Poloff met on June 2 with Dr. Boni Khalwale, the
Chair of the Kenyan Parliament's Public Accounts Committee
(PAC),a key watchdog committee. Khalwale has used his
position as a bully pulpit, asking tough questions of the
Grand Coalition government and gaining a measure of
popularity in the process. Khalwale told poloff that he
expected to be re-elected as Chair of the PAC after
parliamentary committees are reconstituted, a process
currently underway. Furthermore, he stated that he and
former Minister of Justice Martha Karua had agreed to join
efforts in parliament to hold the government accountable.
Khalwale was pessimistic that the grand coalition government
would pursue significant constitutional reform. He argued
that key members of the grand coalition were pursuing their
own political and economic interests to the detriment of the
reform agenda. Khalwale welcomed the Ambassador's continuing
engagement to help coalesce youth, civil society, and the
private sector to push the reform agenda. However, Khalwale
said some reformist parliamentarians, naturally including
himself, want to join this effort -- which we welcome. End
Summary.

Background
--------------


2. (U) Poloff met on June 2 with Dr. Bonny Khalwale (ethnic
Luhya, New Ford-Kenya party),the Chair of the Kenyan
Parliament's Public Accounts Committee (PAC). Khalwale is in
his second-term as a member of parliament (MP) representing
Ikolomani constituency, in Western Province. Khalwale was
first elected to parliament in 2002 on the ticket of
President Kibaki's then-political vehicle, NARC. However,
sensing the shifting political winds in Western Province,
Khalwale resisted entreaties by Musalia Mudavadi, the Luhya's
lead political figure, to join the Orange Democratic Movement
(ODM). Instead Khalwale joined up with the non-aligned New
FORD-Kenya party and successfully defended his seat. He is a
surgeon by profession. Unlike many prominent Kenyan

politicians, Khalwale was raised in poverty and this
background and his direct approach to politics appeal to
ordinary Kenyans.

Keeping the Coalition Honest
--------------


3. (C) Khalwale told poloff that he had used his position as
Chair of the PAC as a bully pulpit to try to keep the grand
coalition government honest. (Note: The PAC is one of four
key watchdog committees in the Kenyan Parliament. Under
Kenya's parliamentary system, watchdog committees are chaired
by opposition members. Currently there is no official
opposition, but Khalwale's New Ford-Kenya party is not
aligned to either side of the grand coalition government.
End Note.) Indeed he has made his reputation by asking
difficult questions of Ministers on both sides of the grand
coalition government. For example, in June 2008 Khalwale
questioned then-Minister of Finance Amos Kimunya on his role
in the sale of a luxury hotel. The resulting furor
eventually resulted in Kimunya's resignation (Reftel B).
More recently, he questioned discrepancies in the
supplementary budget, embarrassing Minister of Finance/Deputy
Prime Minister Uhuru Kenyatta. Khalwale stated that he'd
received private criticism for this from MPs because he had
exposed Parliament's failure to scrutinize the budget.
Khalwale noted that the recently passed Fiscal Management
Bill, which will increase Parliament's role in budget
formulation, is awaiting the President's assent.


4. (C) Khalwale stated that his approach had made him few
friends among the political elite, but that he had received
much positive feedback from members of the public and civil
society, with whom he frequently exchanges information. He
told poloff that Parliament is currently reconstituting its
committees in line with new standing orders (Rules of
Procedure),adopted in December 2008. He thought that, if
the PAC membership did not change drastically, he stands a
good chance of retaining the Chair because the parliamentary
committees elect their own Chairs. Khalwale welcomed a

NAIROBI 00001168 002 OF 002


recent Speaker's ruling refusing to allow ODM and Party of
National Unity (PNU) members to chair watchdog committees in
the absence of an official opposition. Khalwale thought (and
other sources confirmed) the motion was aimed at stripping
him of the PAC Chair. However, he thought that both the PNU
and the ODM might try to nominate members to the PAC who
would oppose his re-election as Chair.

Pessimism on Constitutional Reform
--------------


5. (C) Khalwale was pessimistic that the grand coalition
government is capable of delivering serious constitutional
reform, adding that both PNU and ODM are pursuing their own
financial and political interests rather than pushing for
serious constitutional reform. He stated that ODM was
seriously conflicted about constitutional reform.
Backbenchers stand by ODM's 2007 campaign platform to devolve
power to the provinces. However, many ODM (and PNU)
political figures in the grand coalition have presidential
aspirations in 2012 and the status quo, with its strong
presidential structure, suits their needs, according to
Khalwale. He expected that the grand coalition government
would implement modest institutional reforms (and mentioned
police and judicial reform as examples) to convince the
international community that it was making progress.

Working for Reform
--------------


6. (C) Khalwale noted that he was working with former
Minister of Justice Martha Karua to maintain pressure in
Parliament for the government to implement reforms. He
supported the Ambassador's continuing efforts to energize
youth groups and civil society to press for reform (Reftel
A). He thought that the situation today is similar to that
Kenya faced in the early 1990s, when Khalwale was a student
leader pushing for multi-party democracy. He said
reform-minded parliamentarians will work with the Ambassador
to press for reform -- which we welcome. (Note: We are
extensively engaged in outreach to reformist elements of
Parliament. End Note.)

Comment
--------------


7. (C) Khalwale is a politician worth watching. His strong
performance as Chair of the PAC has prevented the grand
coalition government from being too complacent, despite the
absence of an official opposition. He has a sharp mind and
smooth manner that allows him to build networks. However,
Khalwale is not a idealist and knows the darker side of
Kenyan politics: he was fined in the runup to the 2007
election by the now-defunct Electoral Commission of Kenya for
hiring a youth gang to intimidate a rival candidate's
supporters. However, his willingness to take on vested
interests and talk truth to power has gained him a political
appeal that crosses ethnic lines, making him a potentially
useful ally to galvanize public support for the reform
agenda. End Comment.
RANNEBERGER