US embassy cable - 05NAIROBI3180

C O N F I D E N T I A L NAIROBI 003180 
 
SIPDIS 
 
FOR AF/AS NEWMAN, EB/AS WAYNE, MCC CEO APPLEGARTH AND A/CEO 
SETHNESS, NSC SENIOR DIRECTOR COURVILLE, AND USAID 
ASSISTANT ADMINISTRATOR FOR AFRICA PIERSON 
ALSO FOR STATE AF/E, AF/EPS, AND AF/PD; 
USAID/PPC:PDELP AND AFR/EA:JBORNS 
 
E.O. 12958: DECL: 05/05/2025 
TAGS: KMCA, EAID, PGOV, ECON, EFIN, PREL, KCOR, KE, MCA 
SUBJECT: ENGAGING KENYA ON ITS MCA THRESHOLD PROPOSAL 
 
REF: NAIROBI 1593 AND PREVIOUS 
 
Classified By: Ambassador William M. Bellamy for reasons 1.4 b and d. 
 
1.  (U) This is joint Embassy-USAID Message. 
 
2.  (C) Embassy Nairobi welcomes the proposed August 15-19 
visit by MCC personnel to evaluate Kenya's application for 
MCC Threshold funding and encourages an early country 
clearance request.  We see the purpose of this visit as 
assessing Kenya's efforts to draft a Threshold proposal that 
reflects a tangible commitment from the highest levels in the 
GOK to take direct, substantive action to address high-level 
corruption. 
 
3.  (C) Any MCC program in Kenya -- where high-level, 
official corruption runs largely unchecked -- poses special 
challenges.  While Kenya arguably does not have all of the 
legal resources it needs to prosecute and win corruption 
cases in court, Kenya's problem is not that it lacks the 
laws, institutions or experience necessary to fight 
corruption.  The record to date is that these resources will 
be of little use without high-level political determination 
to use them effectively.  Conversely, there is much the 
Kibaki government could do today, through the simple exercise 
of Presidential authority, to discipline corrupt ministers 
and stop corrupt practices.  This is not happening, in large 
part because the proceeds of high-level corruption are being 
plowed back into the political machine that supports 
President Kibaki and his re-election in 2007. 
 
4.  (C) These unfortunate trends won't be turned around by 
vulnerable civil servants trying to enforce rules.  Political 
elites in Kenya frequently ride roughshod over legislation 
they don't like, court rulings with which they disagree, and 
regulations that hamper their business activities.  Thus, any 
meaningful MCC program in Kenya -- if it is to address 
seriously the scourge of official corruption -- must be 
designed to test and measure high-level political will. 
 
5.  (C) As was agreed in the interagency meeting on Kenya in 
Washington June 16, USG interests are best served by a 
well-focused threshold program that enables the Kenyan 
government to demonstrate a real commitment to combating 
corruption.  Such a program should contain specific 
benchmarks or performance indicators against which Kenya's 
commitment can be measured.  It should target one or more 
ministries where there are clear governance/corruption issues 
(such as the Ministries of State Security and Health), and 
not just the most convenient institutions. 
BELLAMY