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