Former Members of Congress engage the Reform Agenda

UNCLAS NAIROBI 002477 C O R R E C T E D C O P Y - ADDED CAPTION SENSITIVE SIPDIS DEPARTMENT FOR AF/E DRIANO, AF/RSA MOOD CONGRESS FOR HDP STAFF JOHN LIS, MARGARET SEMINARIO, BRAD SMITH E.O. 12958: N/A TAGS: PHUM PGOV PREL OTRA OVIP OREP KDEM KE SUBJECT: Former Members of Congress engage the Reform Agenda ¶1. (U) Summary: From November 23 to 28, Embassy Nairobi hosted Kenya's first-ever "EXDEL," a delegation of former Members of Congress who spent a week representing the Congressional House Democracy Partnership as they engaged political leaders and civil society to advance the reform agenda. End Summary. ¶2. (U) Nairobi's first-ever "EXDEL" was led by Martin Frost, former ranking member of the House Rules Committee and 13-term representative for Texas. In 1990 Frost co-founded the Frost-Solomon Commission which provided assistance and expertise to strengthen legislatures in Central and Eastern Europe. The Commission's work has served as a model both for USAID's Parliamentary Strengthening Program, which is implemented in Kenya by the State University of New York, as well as the House Democracy Partnership (HDP). In addition to Frost, delegation members included Ambassador Connie Morella of Maryland, Phil English of Pennsylvania, and Barbara Kennelly of Connecticut. ¶3. (U) The EXDEL began the week with a full day of intensive briefings on Kenya's current political landscape. The Ambassador and mission officers reviewed Kenya's progress on the reform agenda, outlined challenges in advancing the draft Constitution, and briefed the former members on the formation of a Reform Caucus in Parliament. In the afternoon, Kenyan political scientists, economists, and journalists provided a local perspective on U.S. policy and the difficulties of achieving political reforms in a government where corruption and vested interests are entrenched. ¶4. (U) Among Kenyan government leaders, the delegation met with Foreign Minister Moses Wetangula, Minister for Justice and Constitutional Affairs Mutula Kilonzo, Speaker of Parliament Kenneth Marende, nine Members of Parliament (MPs) from the newly-formed Reform Caucus, and political party officials. Reflecting the national debate on the draft Constitution, the meetings focused primarily on outstanding contentious issues in the draft. There was clear discomfort among MPs and the two ministers with the current draft's proposed hybrid system of government, which envisions a weakened Presidency with a fairly strong executive Prime Minister. Officials allied to the President's Party for National Unity (PNU) advocated for a purely Presidential system, while members of the Prime Minister's Orange Democratic Movement (ODM) party preferred a purely Parliamentary system with a strong Prime Minister. ¶5. (SBU) Both Wetangula and Kilonzo appealed for technical assistance to build institutions. Kilonzo also critiqued the United States for focusing on replacing corrupt individuals in the GOK while refusing to assist with capacity building programs. Kilonzo argued that he is powerless to protect witnesses of post-election violence and that the GOK is unable to prosecute senior officials implicated in massive corruption scandals due to human resource deficiencies in the Attorney General's office (Comment: Kilonzo's position is disingenuous in that he disclaims all responsibility for advancing accountability by shifting the focus from his office on to the AG's. As Minister for Justice Kilonzo is responsible for supervising the AG as well as judicial reform. End Comment). ¶6. (SBU) Members of the EXDEL were warmly received by the Speaker of Parliament, Kenneth Marende, who thanked the delegation for HDP's support for technical assistance, staff training, and exchange programs. Marende requested additional support to train Parliament's burgeoning professional staff, noting that the Kenyan Parliament seeks to model the U.S. Congress in developing competent researchers, budget analysts, and policy advisors. ¶7. (SBU) While noting that the current "Imperial Presidency" has proven problematic for Kenya, Marende echoed concerns about the current draft's two rival systems of power. Marende indicated that he believes that the government and MPs will have to choose between a Presidential or Parliamentary system, with strong institutional checks and balances present in either system. ¶8. (SBU) Marende hailed the U.S.-supported formation of a Reform Caucus in Parliament, stating that he supported the caucus's goal of advancing a consensus-oriented debate within Parliament and civil society on the draft Constitution. Noting that the caucus encompasses members from all major political parties, Marende stated that he would continue to support the caucus so long as its members are focused on national interests and avoid individual political agendas. ¶9. (SBU) In a breakfast meeting with nine members of the Reform Caucus, the EXDEL engaged the MPs in a discussion on how to advance an issue-based agenda in an ethnically polarized context. While it was clear that the MPs were not united on which system of government should be reflected in the draft Constitution, there was support for establishing a dialogue which would encourage compromise and focus on building political institutions rather than backing individual leaders. MP Olago Aluoch (ODM, Kisumu West) asked the EXDEL, "If you were facing this constitutional debate in Congress, how would you work together as a caucus?" The delegation responded by emphasizing the importance of building issue-based coalitions with civil society, media, and grassroots youth leaders, developing mechanisms for dialogue between political leaders and citizens, and emphasizing a core set of agreed values rather than points of division. ¶10. (U) Amidst meetings with GOK officials, the EXDEL engaged civil society actors including members of the Parliamentary Information Network, political reporters, former Members of the Kenyan Parliament, and leaders of the national youth movement. The delegation emphasized to civil society leaders the importance of working across ethnic lines, mobilizing citizens to communicate directly with their elected leaders, and the need for courage in exposing entrenched corruption networks. ¶11. (SBU) Summary: Post appreciates the HDP-sponsored EXDEL's willingness to thoughtfully engage on Kenya's reform agenda. Regrettably, the ongoing Constitutional debate prevented the delegation from an extended engagement with Parliamentarians on such issues as rules, procedures and oversight. The EXDEL visit strengthened post's relationship with the emerging Reform Caucus, and post appreciates HDP's willingness to support a follow-on visit of the Reform Caucus to Washington in mid-January. End Summary. RANNEBERGER