US embassy cable - 05NAIROBI4584

C O N F I D E N T I A L NAIROBI 004584 
 
SIPDIS 
 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: DECL: 11/02/2025 
TAGS: PGOV, PREL, KDEM, KE, Referendum 
SUBJECT: TOP BANANAS SPEAK (FINALLY) TO DIPLOMATS 
 
REF: A. NAIROBI 4555 
 
     B. NAIROBI 4551 
 
Classified By: Political Counselor Michael J. Fitzpatrick for reasons 1 
.4 (b,d) 
 
1.  (C) SUMMARY: After two months of requests from the 
diplomatic community for a briefing from the pro-draft 
constitution ("Banana") team ahead of the November 21 
referendum, the government finally relented November 2.  Most 
notable was the Information Minister's statement that 
allegations of foreign funding for the "No" (or "Orange") 
campaign was not official government policy.  While this was 
a welcome clarification two days after the Ambassador's 
strong message to the MFA that such an announcement was 
overdue, the remainder of the hastily called session was 
anticlimactic and underscored the "Yes" team's 
disorganization.  END SUMMARY. 
 
MINISTERS DON'T SPEAK FOR THE GOVERNMENT (?) 
-------------------------------------------- 
 
2.  (C) Even though invitations only went out after close of 
business the night before, the government's briefing to 
diplomats (and press) was attended by more than 50 diplomats. 
 The briefing included remarks from the Constitution of Kenya 
Review Committee (CKRC), the Electoral Commission of Kenya 
(ECK), as well as Foreign Affairs Minister Ali Makwere and 
Information Minister Raphael Tuju.  Conspicuously absent was 
the scheduled Justice and Constitutional Affairs Minister 
Kiraitu Murungi.  While the other three presentations shed 
little new light on the constitutional referendum process, 
Minister Tuju opened his briefing directly stating that any 
allegations that foreign countries, particularly the U.S. and 
UK, were supporting one or the other side in the referendum, 
did not reflect government policy.  He described it as "the 
opinion of individual politicians," not the government's 
official view.  During the discussion session, the Ambassador 
welcomed Tuju's clarification, which came just two days after 
the Ambassador had privately emphasized to the MFA the 
necessity of such a statement (Ref A). 
 
3.  (SBU) Tuju quickly shifted gears to hurl barbs at "No" 
leader Roads Minister Raila Odinga as the most recent in a 
succession of "cult" leaders instigating electoral violence 
since 1982.  While Tuju did not specifically name the Roads 
Minister, instead encouraging the audience to guess, his 
description of a "clique attempting to Balkanize Kenya" 
mirrored his statements at a press conference two days 
earlier during which he railed against Raila.  Responding to 
a request for better information on scheduled "Yes" rallies, 
the Minister noted that his group was less intent (than the 
Orange group) on "convincing the international community of 
its agenda," but also confessed that the "Yes" team was "not 
very focused." 
 
KISUMU CAUGHT THEIR EYE 
----------------------- 
 
4.  (U) ECK Commissioner Jack Tumwa announced that at a 
meeting earlier that day between his organization and members 
of both the "Yes" and "No" National Referendum Committees, 
the two sides took "not quite an oath" to shun electoral 
violence.  He reported that representatives from both sides 
agreed to campaign against violence and to spread the message 
to their followers in light of the deadly rally the previous 
weekend in Kisumu (Ref B).  Tumwa also noted that the ECK had 
established peace committees in each of the nation's 210 
constituencies to mediate and report violence. 
 
5.  (C) COMMENT: Tuju's public disassociation of the 
government from some officials' allegations of U.S. funding 
for the "No" team was welcome and long overdue.  But he fell 
short of stating categorically that we are not supporting 
either side in the referendum process.  The absence of 
Justice Minister Murungi, the government's lead official on 
the constitutional review process, underscored the Banana 
team's attitude that with the bulk of the government, as well 
as the resources of the state machinery, behind them, the 
referendum is theirs to lose.  END COMMENT. 
BELLAMY