PRIME MINISTER ODINGA ON THE REFORM PROCESS

UNCLAS SECTION 01 OF 02 NAIROBI 001345 SIPDIS SENSITIVE EMBASSY TRIPOLI ERIN CEDERLIND PASS TO AF A/S CARSON E.O. 12958: N/A TAGS: PGOV PREL KE SUBJECT: PRIME MINISTER ODINGA ON THE REFORM PROCESS ¶1. (SBU) Summary. On June 26 I met with the Prime Minister Odinga to review the status of implementation of the reform agenda, and to urge more rapid action. Odinga said that he and President Kibaki have improved coordination to push the reform agenda. He sketched out an ambitious timeline for constitutional reform, and said that he and the President are committed to the establishment of a credible Special Tribunal. He reviewed other reform agenda items, and described plans for the restructuring of his office. End summary. ¶2. (SBU) I met with Prime Minister Odinga on June 26 to review the status of implementation of the reform agenda. Before discussing the reform agenda, Odinga noted that he has been pressing President Kibaki hard on the need for greater coordination and consultation within the coalition government, in concert with the letter and spirit of power-sharing. Kibaki has been somewhat responsive, Odinga said. The two are planning a joint visit to Odinga's home province of Nyanza later in July, and they are working to ensure they and their ministers speak with more harmony in public. ¶3. (SBU) On the reform agenda, Odinga said that progress is being made. Constitutional reform is moving ahead, Odinga said, and he is pressing to have a new constitution in place before mid-2010. The constitutional revision Committee of Experts recently briefed Odinga and Kibaki. Odinga said he and the President have agreed to the following timeline: submit a revised constitution to Parliament by December 2009; obtain parliamentary approval; and hold national referendum by April 2010. Having laid out this optimistic timetable, Odinga admitted that divisions within the coalition government over the structure of executive power in the constitution could delay the process. Kibaki's side wants a strong presidency with a weak prime minister. Odinga and his team want a mixed "French-style" system. ¶4. (SBU) Odinga believes that the Task Force on Police Reform will yield substantial recommendations that will be implemented. On the other hand, he agreed that ensuring credibility of reforms would be near impossible as long as Police Commissioner Ali remains in office. He is not optimistic that Ali will be replaced, given Ali's close links to the President's spouse Lucy. With respect to the rule of law reform, Odinga said it was a significant step forward that he 
succeeded in short-circulating the efforts of Kibaki's team to denounce the report on extrajudicial killings by UN Special Rapporteur Alston. Odinga said that the more constructive Kenyan government position resulted from conversation Odinga had with Kibaki. ¶5. (SBU) Odinga said that he and Kibaki have agreed to a way forward on the Special Tribunal. This resulted from a meeting he and Kibaki held with Minister of Security Saitoti, Minister of Lands Orengo, Attorney General Wako, and Minister of Justice Kilonzo. The objective, Odinga said, is to bring back to Parliament before August a bill to set up the Special Tribunal. The new bill would address concerns some have expressed by removing the power of the Attorney General to interfere in prosecutions and the presidential power to give pardons with respect to cases before the Tribunal. There will also be a provision to ensure that the Tribunal is not under the authority of a Chief Justice. A draft law is being worked on to submit to Parliament when it reconvenes on July 24. ¶6. (SBU) Odinga pointed out that the Cabinet has approved a new national land policy. This was submitted to Parliament last week, but is not likely to be considered for some time. (While this represents some progress, actual implementation of a new land policy will be very problematic given the sensitivities involved.) ¶7. (SBU) Odinga said that he and Kibaki have asked Minister of Justice Kilonzo for a roadmap on judicial reform. Odinga noted, as have we, that the Minister has talked ardently about judicial reform, but with no results. ¶8. (SBU) Odinga argued (without much credibility in my view) that he is attempting to fight corruption. Although I pressed, he offered few specifics. I called attention, for example, to the fact that the head of the Kenyan Bureau of Standards (KEBS) is clearly involved in corruption, some of which seriously affects American companies like Eveready. Odinga said that he told the Minister of Industry (which has oversight of KEBS) that the KEBS director must go. (This follows a strong public campaign by the Kenyan private sector to have the KEBS director removed.) Odinga had nothing to say regarding the range of other corruption issues (maize, oil, tourism board, etc). ¶9. (SBU) On other issues, Odinga said that the interim Independent Electoral Commission is off to a good start, and Odinga feels parliamentary by-elections in two constituencies set for August 27 will be credible. ¶10. (SBU) We have frequently urged Odinga to restructure his office so that he can more effectively carry out his constitutional responsibility to "supervise and coordinate the functions of government." He said that this is finally being done, and showed the Ambassador a detailed plan (which, unfortunately in our view, does NAIROBI 00001345 002 OF 002 not involve removing some of the problematic personalities in Odinga's office). Odinga said that he would like U.S. assistance to support the restructuring, and we have agreed to consider this pending receipt of a proposal. ¶11. (SBU) Odinga was somewhat more detailed on the status of reform issues than he has been in the past. This and his clear effort to display a commitment to achieve results likely indicate that the pressure coming from the Kenyan people and from the U.S. (and Annan) for reform results is being felt. We should acknowledge progress when specific, meaningful results are achieved, while maintaining pressure for broader and deeper results across the board. MINIMIZE CONSIDERED. RANNEBERGER