PRIME MINISTER ODINGA ON THE REFORM PROCESS

UNCLAS SECTION 01 OF 02 NAIROBI 001345

SIPDIS
SENSITIVE

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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

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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