AMBASSADOR RICE MEETS KENYA PR ZACHARY MUBURI-MUITA

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TAGS: PREL PREF KE SO SU
SUBJECT: AMBASSADOR RICE MEETS KENYA PR ZACHARY MUBURI-MUITA


1. (SBU) Summary: In a July 6 meeting, Kenya Permanent
Representative Zachary Muburi-Muita informed Ambassador Rice
that Kenya had two main agendas at the UN: socio-economic
development including achieving the Millennium Development
Goals (MDGs),and promoting regional security in Africa. He
noted that old frictions between Kenya's president and
opposition leader, and within its parliament, continued to
deter meaningful institutional reforms. Muburi said that it
was in Kenya's self interest to remain engaged in Southern
Sudan, the Congo and Somalia. He said, however, Kenya should
not be expected to shoulder the whole burden, especially in
dealing with refugees and the prosecution and detention of
pirates. Ambassador Rice pushed Kenya to implement its
political reform agenda. Muburi was confident the
constitution revision process would get underway this summer
in a meaningful way, and that a special tribunal would be
established to obviate referral to the ICC of cases stemming
from last year's violence.
End Summary.

Domestic Politics and Development
--------------


2. (SBU) Muburi noted that, unless Kenya can address its
citizen's basic needs and meet the MDG's, it will continue to
suffer from political instability and fall victim to
"bankrupt" politicians who exploit numerous long-standing
ethnic frictions. Muburi described efforts to improve
domestic institutions as "stalled." In response to
Ambassador Rice's question regarding the current state of
Kenya's domestic politics, Muburi said its "unique" situation
with two leaders had not gelled as much as has been expected.
He said that while President Kibaki and opposition leader
Odinga both said the right things publicly, they did not work
well together. This leadership dynamic, coupled with
unresolved fractures within Kenya's parliament, reflected
wounds that were still open and provided little hope for
achieving meaningful constitutional, judicial and electoral
reforms before 2012 elections. (Note: Muburi, however,
assured DepPolCouns that Kenya's constitutional revision
process would at least be started in ear
nest this summer. End Note.)


3. (SBU) With regard to addressing crimes committed during
the last election, Muburi said there is still a large split
between those who wish to see these issues addressed in the
International Criminal Court (ICC) and those who wish to
address them domestically, perhaps through a truth and
justice commission. (Note: Leaving the meeting, Muburi said
Kofi Annan was giving Kenya a "friendly push" by giving it an
ultimatum that Annan would suggest referring cases to the ICC
if it did not create a domestic special tribunal. Muburi
said Kenya was taking Annan's suggestion to heart and Kenya
would, in his opinion, create the court in time to obviate
referrals to the ICC. End Note.)

Regional Security
--------------


4. (SBU) Muburi said that Kenya has a strong interest in
helping address conflict and instability in Southern Sudan
and the Congo. He said he had told ICC prosecutor Jose
Luis-Moreno that he should not allow Darfur-related
developments such as ICC prosecutions to threaten the
Comprehensive Peace Agreement. Muburi lamented that the two
hotspots had a wealth of natural resources and should be
contributing to regional development, and not dragging it
down. Refugees from these regions that cross into Kenya were
putting tremendous strain on Kenya's own resources and
economy. Some even traveled to urban areas and were adding
to ethnic frictions. Muburi urged the U.S. to provide
greater support to Kenya in its efforts to cope with the
refugees. Ignoring the issue will only create animosity and
encourage those with radical domestic political agendas, he
said.

Somali Pirates
--------------


5. (SBU) Muburi noted that while Kenya continues to accept,
detain, and prosecute Somali pirates, many in the Kenyan
Government are beginning to express concern about creating a
second "Guantanamo Bay" in Kenya. He said it was important
to spread out responsibility for dealing with the captured
pirates to other countries. Muburi added that Kenya remains
engaged in Somalia peace negotiations. He noted that many
senior officials from the Middle East also participated in
the negotiations, but that they often chose sides and were
very unhelpful.

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6. (SBU) Ambassador Rice urged Kenya to implement its reform
agenda. Citing long and close U.S.-Kenya relations, she said
it was painful for us to watch the continued internal
tensions play out. She cited the recent visit by Assistant
Secretary Carson as the most recent expression of the special
interest the U.S. has in Kenya. She said that the region
needs a more stable Kenya, with deeper democratic processes
and strengthened development that can again be an example to
its neighbors.
RICE