US embassy cable - 05NAIROBI4470

UNCLAS SECTION 01 OF 02 NAIROBI 004470 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR AF/PD - A.JOHNSON, J.BARNES, AF/E - S.PRATT, 
IIP/G/AF  T.DOWLING 
POSTS FOR PAO, IO AND POLCOUNS 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: KPAO, PREL, CVIS, KCOR, KE, Murungaru 
SUBJECT: REACTION TO TRAVEL BAN ON DR. CHRIS MURUNGARU 
 
REFTEL:  Nairobi 03446; State 196111 
 
1. (U) Summary.  Following an apparent leak from within 
the Kenyan government, news of the U.S. travel ban on 
Kenyan Transport Minister Dr. Chris Murungaru (reftel) 
spread quickly late on Tuesday October 25, becoming the 
top news item on all of the major television news 
reports that evening.  The following day, it was the 
front-page story in the two leading daily newspapers, 
the Daily Nation (circulation 180,000) and the Standard 
(circulation 60,000).  As a result of those stories, 
all of the major international news services based in 
Nairobi, including AP, AFP, Reuters, BBC, VOA and the 
German press agency, filed stories with accurate 
comments from the Embassy.  In October 27 papers, some 
articles speculated that Murungaru is now facing 
similar bans by the Schengen group of nations within 
the E.U., except for Germany.  End summary. 
 
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Murungaru and GOK reaction 
-------------------------- 
 
2. (SBU) The travel ban did not come as a surprise. In 
fact, the media and the general public had been 
expecting such an announcement ever since the British 
Government cancelled Murungaru's visa and denied him 
future entry to the U.K. in August of this year.  Dr. 
Murungaru addressed the media October 26 and alleged 
that the U.S. was pressured to follow in the U.K.'s 
footsteps.  As quoted by the media, Murungaru said: "It 
has been clear for some time now that the U.S. and the 
U.K. are playing partisan politics and have teamed up 
with a certain political clan.  Their objective is a 
regime change or at least a dictate of who should sit 
in the Cabinet and who should not."  Comments from 
Embassy Nairobi, in line with approved press guidance, 
were included in the articles. 
 
3. (U) Following the British decision, Murungaru filed 
a lawsuit in the U.K. demanding that evidence linking 
him to any corruption be made public.  On October 26, 
he announced that he had instructed his lawyer, 
prominent politician Paul Muite, to file a similar 
lawsuit in the U.S. under the "requirement to be fair" 
principle. 
 
4. (SBU) Government officials have kept their distance 
from Murungaru  and the U.S. decision.  In an October 
26 press conference, Foreign Minister Ali Mwakwere, 
flanked by Presidential spokesman Alfred Mutua, denied 
any knowledge, claiming (erroneously), "We have no 
official communication from the U.S. on the issue." 
(In fact, the Ambassador spoke with, and the Embassy 
then delivered a Diplomatic Note to, the Foreign 
Minister's Permanent Secretary, October 19. The 
Ambassador also had a private meeting with President 
Kibaki that same day.) 
 
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Media and Public Reaction 
-------------------------- 
 
5. (U) An editorial in The Standard on October 27 
entitled "Kibaki must act now on Murungaru case" 
concludes by saying:  "The fact that the U.S. has 
hinted at allegations of corruption is reason enough 
for President Kibaki to get to the bottom of the matter 
and either sack Murungaru or clear his name."  The 
People Daily also printed an editorial on October 27 
under the title "Why the ban on Murungaru?" in which 
the paper says "it would be of great help to the 
country if the U.S. were to be bold enough and provide 
specifics on why it is banning the minister from 
stepping on its soil.  For if there is adequate 
evidence, there will be no reason why the president can 
continue to retain a tainted figure in his cabinet. 
The ball is clearly in the U.S.'s court." 
 
6. (SBU) As stated para 2, the public had long expected 
this action to occur and many feel that with this 
double blow Murungaru "must carry his own cross." 
Public perception seems to be growing that he cannot 
continue to perform his duties as minister and that he 
should either resign or be fired.  However, in contrast 
to when political opposition heavyweight Nicholas 
Biwott's visa was cancelled last year, there has not 
yet been much evident public cheering in support of the 
U.S. action either  perhaps because the move has been 
long expected, and perhaps because of the looming 
constitutional referendum that continues to overshadow 
all other domestic political issues. 
 
Bellamy