AMBASSADOR ANNOUNCES STEPS TO PRESS FOR REFORM

C O N F I D E N T I A L NAIROBI 002027 DEPT FOR A/S CARSON NSC FOR SENIOR DIRECTOR GAVIN E.O. 12958: DECL: 09/23/2019 TAGS: PREL PGOV KDEM ECON KCOR KE CVIS KPAO KMDR SUBJECT: AMBASSADOR ANNOUNCES STEPS TO PRESS FOR REFORM Classified By: AMB RANNEBERGER FOR REASON 1.4 (b) (d) ¶1. (U) Summary. This message reports steps announced to increase pressure for implementation of the reform agenda. End summary. ¶2. (SBU) As instructed by Washington, on September 24, the Ambassador announced three USG steps to increase pressure for implementation of the reform agenda. First, 13 letters from A/S Carson have been sent to key GOK officials advising them that their future relationship with the USG is directly linked to support for reform and opposition to violence. The names of recipients were not publicly released. Second, the Ambassador released a USG statement on greater scrutiny of proposals for projects and funding for Kenya in International Financial Institutions. Third, the Ambassador indicated that in coming weeks travel bans will likely be forthcoming. Paras below contain text of the Ambassador's announcement, the text of the letters sent (identical in all cases),the list of recipients, and the statement on scrutiny in the IFIs. ¶3. (U) Begin text of Ambassador's remarks: Upon instructions from Washington, I am announcing three U.S. government actions intended to press for full implementation of the reform agenda. First: Letters signed by Assistant Secretary for African Affairs Carson have been sent to 15 persons making clear that the future relationship of those persons with the United States is tied to their support for implementation of the reform agenda and opposition to the use of violence. While I will not be releasing the names of those individuals, I can tell you that ministers, Members of Parliament, permanent secretaries, and other prominent officials are among those receiving letters. The letters have been sent to persons on both sides of the coalition government, because they share responsibility to implement reforms. I am sharing with you the text of those letters - which is the same for all. Second: The U.S. Government is indicating that it will more closely scrutinize any proposals for Kenya in International Financial Institutions. Third: The letters we have sent - with more to come - will be followed by some travel bans within the coming weeks, as warranted. These steps reflect the message that President Obama and Secretary Clinton have clearly and repeatedly delivered: that we are deeply concerned by the lack of implementation on key elements of the reform agenda and that, while we want to help support the process of reform, we will not do business as usual with those who do not support reform or who support violence to achieve political aims. These steps reflect the view at the highest levels of the U.S. Government that implementation of the comprehensive reform agenda agreed to as the foundation of the coalition government must proceed with a much greater sense of urgency, because doing so is crucial to the future democratic stability of Kenya. In pressing for implementation of the reform agenda, we are supporting only what the vast majority of the people of Kenya want, expect, and deserve from their political leaders: peaceful, fundamental change that will end the culture of impunity, a society governed by the rule of law, and accountability - all of which amount to the changes needed to ensure there is never again a repeat of the unprecedented crisis Kenya suffered last year. End text ¶4. (U) Begin text of warning letters: Dear: The United States has always enjoyed a very close and harmonious relationship with Kenya based on a shared set of values - a strong belief in democracy, respect for civil liberties and the rule of law, a free market economic system and transparency. The commitment to these principles by some Kenyan leaders has been called into question by their reluctance to move forward on a range of essential reforms that are required to prevent a future outbreak of violence. I am writing to inform you that your future relationship with the United States is directly linked to the degree of your support for urgent implementation of the reform agenda as well as clear opposition to the use of violence. President Obama and Secretary Clinton have made clear their deep concerns that the key elements of the reform agenda have not been implemented. They have made clear that, as a friend and partner of Kenya, we want to help, but that we will not do business as usual with those who do not support reform or who support violence. Key reforms include, but are not limited to: decisive, bold anti-corruption steps; reforms to ensure the rule of law, including police reform, judicial reform, reform of the Attorney's General office; meaningful constitutional revision; accountability for perpetrators of post-election violence; land reform including both adoption of a national policy and implementation of it; and establishment of a permanent independent electoral commission. We welcome initial indications of steps toward police reform. The remaining reform agenda is extensive, however, and we expect to see actions and results - not more promises, rhetoric, and commissions. In pressing for implementation of reforms, we are supporting what the Kenyan people themselves want to see: an end to impunity, and the beginning of fundamental change to strengthen Kenya's democratic stability and economic prosperity. We are deeply concerned that failure to carry out the reforms will result in even greater instability in the lead-up to the 2012 elections, and that is in no one's interest. We are therefore acting with a sense of urgency, and urge you to do so as well. //Signed// Johnnie Carson Assistant Secretary for African Affairs ¶5. (C) List of officials who received letter: Francis Muthaura Office of the President Head of Civil Service Mohammed Isahakia Office of the Prime Minister Permanent Secretary George Thuo MP, PNU Parliamentary Whip Johnson Muthama MP, PNU Deputy Whip Jakoyo Midiwo MP, ODM Parliamentary Whip Langat Magerer MP, ODM Deputy Whip Alfred Mutua Government Spokesman Aaron Ringera Director, Kenya Anti-Corruption Commission Evans Gicheru Chief Justice, High Courts of Kenya Mutula Kilonzo Minister of Justice, National Cohesion and Constitutional Affairs Henry Kosgey Minister of Industrialization Amos Wako Attorney General Kiraitu Murungi Minister of Energy ¶6. (U) USG Statement Regarding Future Consideration Of International Financial Institution Projects For Kenya: The United States government continues to be concerned about the Government of Kenya's lack of commitment to reform as outlined under the National Accord signed in the aftermath of the 2008 post-election violence. While we welcome the indications that police reform may be moving ahead, the remaining reform agenda is extensive and should be carried out with a sense of urgency. President Obama and Secretary of State Clinton have repeatedly made clear the importance they attach to full implementation of the reform agenda. The United States will stand firmly behind the Kenyan people as they insist on full implementation of the reform agenda including, but not limited to, meaningful constitutional revision, accountability for perpetrators of post-election violence, bold and decisive action against corruption, police and judicial reform, and the establishment of a permanent independent electoral commission. The United States government will take the steps it deems appropriate to hold accountable those who do not support the reform agenda or support violence. As one additional step, the U.S. will more closely scrutinize all proposed projects, loans and other programs of assistance to Kenya that are brought before international financial institutions. The United States will continue to support the insistence of the Kenyan people that fundamental reforms be fully implemented, as agreed in the National Accord of 2008. RANNEBERGER