US embassy cable - 05NAIROBI2571

C O N F I D E N T I A L NAIROBI 002571 
 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: DECL: 06/12/2025 
TAGS: PREL, ECON, SOCI, SENV, PGOV, EAGR, PINS, MASS, KE, Article 98 
SUBJECT: KENYA ARTICLE 98: ANTI-U.S. CENSURE MOTION MAY 
HAVE LITTLE TRACTION 
 
REF: A: NAIROBI 02446 
 
Classified By: ACTING POL/C LISA PETERSON, REASONS 1.4 (B) AND (D) 
 
1. (C) SUMMARY.  Kenyan newspapers reported during the week 
of June 13 that MP Paul Muite had filed a motion in 
Parliament to censure the U.S. for attempting to arm-twist 
Kenya into signing an Article 98 agreement.  A reliable 
source in Parliament reported, however, that, as of June 21, 
no such motion had been received.  Given more pressing 
Parliamentary priorities, the motion would not likely be 
debated any time soon even if it is filed.  Muite may have 
been currying political favor by threatening to file the 
motion (thus adding Parliamentary cover to the Article 98 
opposition) without ever intending to follow through.  END 
SUMMARY. 
 
2. (U) A June 13 Nation article (reftel) followed by a longer 
article in the June 16 Kenya Times reported that Paul Muite, 
a Member of Parliament from a small party (SAFINA) that is 
part of the NARC coalition, filed a motion of censure against 
the U.S. for attempting to coerce an Article 98 agreement in 
Kenya.  The Times article said the motion read, in part, 
"This House expresses its abhorrence to the conduct of the 
United States of America in refusing to ratify the 
International Criminal Court (The Rome Treaty) and its 
attempts to coerce countries to sign the Non-Surrender 
Agreement (Article 98) at the risk of curtailment of military 
and other economic assistance and calls on the government NOT 
to sign the Non-Surrender bilateral Agreement and further 
expresses its solidarity with the government and the people 
of Kenya on the stand that Kenya's sovereignty and dignity 
must come first ahead of military support and aid from any 
quarters." 
 
3. (U) The Sunday Standard devoted nearly two pages to three 
articles June 19 under the overall caption "Kenya-U.S. 
relations on trial." The first sentence of the lead article 
said that, by virtue of the Muite motion, relations between 
the U.S. and Kenya were headed for "their lowest point since 
independence." 
 
4. (C) The Muite motion may, however, be more chimerical than 
real. Fred Matiangi, deputy director of a U.S.-funded 
Parliamentary strengthening project, told poloff June 21 that 
the motion had not yet been filed.  He added that, even if it 
is filed soon, the House Business Committee, which controls 
Parliament's agenda, is not likely to schedule debate on the 
motion in the near future because the Committee will give 
precedence to government-sponsored legislation over private 
members' motions. 
 
5. (C) Some opposition to the motion, moreover, has already 
been voiced in Parliament.  Nominated KANU MP Mutula Kilonzo 
said he opposes the motion because the issue belongs with 
government, not Parliament.  Kilonzo was quoted in the June 
19 Sunday Standard as saying, "I don't agree with the 
pressure America is putting on us. But I also don't agree 
that Parliament can be used to censure a friendly foreign 
country pursuing her right to protect her citizens."  Joseph 
Nkaissery, a retired general and now a KANU MP and the 
party's shadow defense minister, was quoted in the same paper 
as saying, "We need America.  It controls the World Bank and 
the IMF and has weight on other countries. We cannot be 
populist on this. Let's leave this to foreign affairs." 
 
6. (C) COMMENT.  While the Muite motion may never actually be 
filed or debated in Parliament, it has already had the effect 
of dragging Parliament, which had hitherto been silent, into 
the Article 98 debate.  Muite may also have had political and 
personal reasons for filing the motion. Muite, who maintains 
a private law practice, has been charged in a lawsuit with 
stealing money from clients; he may be looking for government 
assistance in making these charges disappear. END COMMENT. 
ROWE