Letters to the President and PM on Reform

UNCLAS NAIROBI 000371 DEPT FOR AF/E Driano SIPDIS DEPT FOR AF/E E.O.12958: N/A TAGS: OPDC PGOV KCRM PREL KE SUBJECT: Letters to the President and PM on Reform ¶1. On February 26 the Ambassador sent identical letters to President Kibaki and Prime Minister Odinga to urge greater action on the reform agenda and combating corruption. Begin Text: February 26, 2009 Dear Mr. President: I am writing with regard to the progress and pace of implementation of the reform agenda. I would like to take this opportunity to commend you and the Prime Minister for the leadership which you have both exerted to push forward the reform agenda, as agreed by the coalition government. We recognize that, as a result, significant progress has been made. You may have seen some of my repeated positive public comments pointing out the undeniable progress already made. The Kriegler Commission (IREC) was established, completed a report, and implementation has begun. Notably, the ECK was disbanded. The Commission of Inquiry on Post-Election Violence (CIPEV) was established, commissioners appointed, and their final report adopted by Parliament. Legislation to establish the Truth, Justice, and Reconciliation Commission has been enacted by the Parliament. The Prime Minister's Office was created, he is chairing Cabinet Sub-Committee meetings, and a Prime Minister's question time in Parliament is being established. Policy/Laws outlining the Constitutional Review Process have been gazetted, and international and Kenyan experts to conduct the review have been endorsed by Parliament. Adoption of new Standing Orders and initiation of live media coverage are making Parliament more transparent, accountable, and accessible. Important legislation has been passed by Parliament, including the Anti-Counterfeiting law and the Bio-Safety law. I realize that this positive list is far from exhaustive. It is in this constructive spirit - recognizing the progress that has been made and wishing to ensure continued momentum on the reform agenda -- that I am writing to urge action on two key outstanding issues. First, I would like to encourage you and the Prime Minister to redouble efforts to bring about creation of a Special Tribunal in Kenya to hold accountable those suspected of involvement in the post-election violence. My government agrees with Kofi Annan that this is far preferable, for the sake of justice and for Kenya's international image, than to allow this process to go to The Hague. In the wake of the defeat of the Special Tribunal bill, I would like to suggest that you and the Prime Minister reach out to concerned Parliamentarians and civil society to address their legitimate concerns about the bill, and to reach Qmpromise that will ensure the Tribunal is established in Kenya, and established in a way that is fully credible to the Kenyan people. Second, I urge that clear and decisive action be taken to combat corruption, particularly through thorough investigation and, if warranted, prosecution of those involved in the alleged maize and petroleum sector scandals. Recent polls have indicated that these scandals have shaken people's confidence in the coalition government. I also urge that the findings and recommendations of the Special Rapporteur on Extra-Judicial Killings be taken seriously. It is our belief that such steps would demonstrate continued strong coalition government leadership, be an important step in breaking with the culture of impunity, and enhance Kenya's image. Thank you, Mr. President, for considering this. Please accept my warm regards. Respectfully, Michael E. Ranneberger Ambassador End Text. RANNEBERGER