AF A/S CARSON,S MEETING WITH KENYA PM ODINGA,

C O N F I D E N T I A L STATE 101182

SENSITIVE
SIPDIS

E.O. 12958: DECL: 09/29/2019
TAGS: PGOV KDEM PREF PREL PTER SO KE
SUBJECT: AF A/S CARSON,S MEETING WITH KENYA PM ODINGA,
SEPTEMBER 24, 2009


1. Classified by Assistant Secretary Johnnie Carson.
Reason: 1.4 (b) and (d)


2. (C) September 24, 2009; 8:00 a.m.; New York, NY.


3. (C) Participants:

U.S.
AF Assistant Secretary Johnnie Carson
DRL Assistant Secretary Michael Posner
Special Advisor to the Great Lakes Region Harold Wolpe
Deputy Assistant Secretary Karl Wycoff
AF/E Desk Officer Matthew Walsh (Notetaker)

KENYA
Prime Minister Raila Odinga
Foreign Minister Moses Wetangula


4. (C) SUMMARY. AF Assistant Secretary (A/S) Johnnie Carson
and Kenya Prime Minister (PM) Raila Odinga cordially
discussed a range of issues, from Somalia, to the Government
of Kenya,s (GOK) reform agenda, to accountability in the
wake of the 2008 post-election violence (PEV). PM Odinga
noted GOK concern regarding expanding the Dadaab refugee camp
complex in northeastern Kenya. He also highlighted the
incremental reform steps his government has made since
signing the accords following the 2008 PEV. A/S Carson and
PM agreed that the United States and Kenya have a special
relationship and have historically enjoyed strong relations,
although PM Odinga worried the Obama Administration may now
be holding Kenya to a higher standard than other African
countries. END SUMMARY.

--------------
SOMALIA
--------------


5. (C) PM Odinga condemned the September 17 suicide attacks
in Mogadishu and opined that Somalia is a challenge that must
be addressed more thoroughly by the international community.
After A/S Carson thanked the PM for the GOK,s efforts in
taking on the judicial cases of so many suspected Somali
pirates, PM Odinga noted that Kenya,s court and prison
facilities are overstretched and asked that the U.S. put
pressure on other countries to take on more legal cases of
suspected pirates.


6. (C) A/S Carson asked the PM where the GOK stood on United
Nations High Commissioner for Refugees (UNHCR) Antonio
Guterres, request (which the U.S. supports) for additional
land to add additional space to the Dadaab refugee camp
complex in northeastern Kenya. The PM stated that while
coming up with additional land &is not a problem, we would
prefer that UNHCR make use of the Kakuma camp8 instead of
Dadaab for new refugees. PM Odinga clarified his concerns
further, stating that having so many Somalis in one location
so close to Kenya,s border with Somalia created easy
recruiting opportunities for U.S.-designated Foreign
Terrorist Organization (FTO) al-Shabaab.

--------------
REFORM AND ACCOUNTABILITY
--------------


7. (C) A/S Carson thanked the PM for his hospitality in
hosting the African Growth and Opportunity Act (AGOA) forum
in July, and noted the Secretary,s pleasure with how well
the event went off. PM Odinga concurred that the event was a
success and noted that the high number of U.S. businessmen
the event drew to Nairobi resulted in positive dividends and
new connections for Kenya,s private sector. However, the
A/S informed the PM that the Secretary is concerned by the
lack of progress on the part of the GOK in implementing the
Kofi Annan mediated reform agenda, including pushing forward
constitutional reform and holding those responsible for the
2008 PEV accountable.


8. (C) PM Odinga editorialized that he does not think
&enough information (regarding reform) is reaching the
Department of State, or at least the correct information.8
The PM said that although he is focused on building
institutions to steer Kenya in the right direction, reform is
difficult &when we have two different groups in government
with two different views on what should be done.8 He stated
that both sides want to reach consensus prior to holding a
referendum on a constitution. According to PM Odinga, a
Panel of Experts is meeting to recommend the best way forward
for the GOK in three main areas: whether to have a
proportional or presidential electoral system; a federalized
or centralized national government; and a bicameral or
single-chamber legislature. The PM informed the A/S that
once the Panel of Experts comes to agreement on how to
proceed on these three important issues, a draft constitution
will be finalized and a referendum held sometime in 2010.


9. (C) A/S Carson pressed on the issue of accountability for
those responsible for committing the 2008 PEV. The PM did
not delve deeply into the issue. Instead, he informed the
A/S that he prepared a piece of legislation targeting those
responsible for the PEV, which Parliament rejected. PM
Odinga noted that a Member of Parliament has circulated a new
bill, which Parliament is currently considering. He also
stressed the importance of Kenyans, not the International
Criminal Court, handling the matter, as &the Hague will take
fifty years to deal with the matter.8 After A/S Carson
communicated the U.S.,s pleasure that the GOK had removed
Police Commissioner Ali from his position as head of Kenya,s
national police force, PM Odinga added that the GOK fully
intends to implement all of the recommendations from the
Police Reform Task Force, which included replacing the senior
leadership. The A/S recommended that the PM reevaluate the
status of the Attorney General of Kenya &who in 20 years has
never successfully prosecuted any high level officials.8

--------------
U.S.-KENYA RELATIONS
--------------


10. (C) Towards the end of the meeting, PM Odinga raised
concerns &that circulate in the Kenyan press8 that the U.S.
is too critical of the GOK, &that there are too many sticks
and not enough carrots.8 President Obama,s failure to
visit Kenya during his recent trip to Africa just adds fuel
to this argument, added the PM. &We should be judged on our
own merit and you should distinguish between past and
present,8 said PM Odinga, &Corruption is not as high now,
and we have a vibrant press and civil society.8 The PM also
raised the issue of his &disinvitation8 from President
Obama,s September 22 luncheon for sub-Saharan African Heads
of State.


11. (C) Explaining that PM Odinga had not been disinvited,
but rather the White House had only intended for the
invitation to go to Kenya President Mwai Kibaki as the holder
of executive power in the GOK, A/S Carson underlined for the
PM that the United States continues to value strongly our
friendship and relationship with Kenya. The A/S underscored
that the &United States has no better friend in that part of
the world, and Kenya is our most important partner and ally
in the region.8 A/S Carson ended the meeting by stressing
that the United States wants Kenya,s institutions and
democracy to grow &because we want Kenya to succeed.8
CLINTON