Cablegate: Former Members of Congress Engage the Reform Agenda
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FM AMEMBASSY NAIROBI
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INFO IGAD COLLECTIVE
UNCLAS NAIROBI 002477
C O R R E C T E D C O P Y - ADDED CAPTION
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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