KENYA: KOFI ANNAN FULLY ENGAGED AND PRESSING FOR

C O N F I D E N T I A L NAIROBI 000532 SIPDIS FROM THE AMBASSADOR LONDON, PARIS, ROME FOR AFRICA WATCHERS E.O. 12958: DECL: 03/16/2039 TAGS: PREL KDEM PGOV PHUM KE SUBJECT: KENYA: KOFI ANNAN FULLY ENGAGED AND PRESSING FOR REFORM Classified By: Ambassador Michael E. Ranneberger for Reasons 1.4 (b) and (d) ¶1. (C) Summary: During a recent stop in Nairobi, Kofi Annan called both the President and Prime Minister to urge them to act quickly on the outstanding reform agenda items that the government has yet to address. Annan asked to see me to consult on how best to push the reform agenda forward, and stressed the importance of continued active U.S. engagement. Annan plans a return visit to Kenya in April or May. End summary. ¶2. (C) On March 12, Kofi Annan passed through Nairobi in transit from Tanzania. During his stopover, he called President Kibaki and Prime Minister Odinga to urge accelerated action to implement the reform agenda, including in the fight against corruption. He asked to see me to get my assessment of the situation and to coordinate on strategy to move the reform process ahead. (Annan and I have kept in regular telephone contact.) ¶3. (C) Annan said that continued strong U.S. support for the reform agenda is vitally important. He seems himself (i.e. the Panel of African Eminent Persons) and the United States as the key players. He assured me that he will remain intensively engaged, and indicated he will try to come to Kenya during April/May to push the process. "There has been some significant progress," Annan said, "and so the glass is basically half full, but we must keep pressing or the reform agenda will stagnate, momentum will be lost, and that will have very serious consequences for the country." Annan said that the coalition government must now grapple with the tough issues, particularly with respect to ensuring accountability for post-election violence and combating corruption. Annan said that, while it is wrong to think of Kenya as in &crisis,8 the window to get action on the reform agenda is narrow (within the next 12-18 months),before the country is completely focused on the run-up to the 2012 elections. Annan identified the most important steps that need to be taken as: the setting up of a local Special Tribunal to investigate and prosecute those involved in post-election violence; constitutional revision; and tackling corruption. I told Annan that we have the same perspective regarding the situation and what needs to be accomplished. ¶4. (C) Kofi Annan,s foundation will hold a conference on Kenya in Geneva March 30-31. While the ostensible purpose is to draw "lessons learned," Annan indicated that the equally important objective is to keep focus on the reform agenda. Annan urged me to attend, and I will do so. While Kibaki and Odinga were invited to attend, Annan told me that he never expected them to do so. The purpose of the conference is not to use it as a forum to reopen the coalition government agreement or to read them the riot act. (The Kenyan media has distorted the story, saying that Annan had summoned Kibaki and Odinga to Geneva, and there was speculation that the coalition agreement would be reopened, something which Kibaki and Odinga have both denied any intention of doing.) ¶5. (C) Annan said that he feels strongly that a Special Tribunal to investigate and prosecute perpetrators of post-election violence must be set up in Kenya. Deferring the issue to the International Criminal Court would amount to an admission of the failure of the will and ability of the Kenyan political elite to tackle the culture of impunity. Parliament has rejected the Special Tribunal once, but Annan has urged Kibaki and Odinga to make another push when Parliament reconvenes in early April. In a February 24 public statement, Annan said that failure to constitute a local Special Tribunal would &constitute a major setback in the fight against impunity and may threaten the whole reform agenda.8 ¶6. (C) Annan has been using adroit public diplomacy as part of his engagement to help keep the reform process on track. On March 11, Annan publicly stated that "Yes, the coalition in Kenya is going through some hiccups and difficulties, but I expect it to hold. What they have to do is to focus on reforms and to tackle corruption and enhance transparency "which will restore (public) trust." Annan urged Kenyan politicians to put the nation first, and to avoid premature politicking for 2012. "Kenyans need effective leadership," Annan said. "I plead with the political leaders to put aside their dreams and ambitions for 2012 and focus on working in the interest and welfare of their people," he added. ¶7. (C) We must continue to work closely with Annan to push forward the reform agenda. Annan is one of the most respected figures here and, based on his role in the post-election crisis, still carries substantial weight with the Kenyan leadership and people. Annan recognizes this, sees the coalition agreement and commitment to the reform agenda as a major accomplishment, and intends to remain intensively engaged to see it successfully carried out. RANNEBERGER