US embassy cable - 05NAIROBI5073

C O N F I D E N T I A L NAIROBI 005073 
 
SIPDIS 
 
SIPDIS 
 
AF/FO, AF/PD, AF/E, LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: DECL: 11/27/2015 
TAGS: PGOV, PHUM, PREL, KDEM, KE 
SUBJECT: KENYA'S NEW CABINET: NO NATIONAL UNITY, NO 
STRATEGIC VISION 
 
REF: A. (A) NAIROBI 4901 
 
     B. (B) NAIROBI 4878 
 
Classified By: A/PolCouns L. Peterson for reasons 1.4 (b,d) 
 
1.  (C) SUMMARY:  Late December 7, Kenyan President Mwai 
Kibaki finally announced his new cabinet.  Instead of 
cleaning house as most Kenyans hoped, President Kibaki has 
returned to cabinet a full measure of corrupt and 
obstructionist ministers, including those who advised him so 
badly on the constitutional referendum.  Thrown out of 
cabinet is the entire Orange Democratic Movement (ODM) team 
of ministers that won so decisively the referendum vote.  To 
compensate for the departure of the ODM ministers, Kibaki has 
scavenged, mainly in the lower ranks of opposition party 
KANU.  The only apparent good news in Kibaki,s announcement 
is the exclusion from the new cabinet of former Transport 
Minister and corruption kingpin Chris Murungaru.  A number of 
designated ministers and assistant ministers, in a sign of 
displeasure at the decision-making process, have declined to 
take up their appointments.  END SUMMARY. 
 
2.  (U) This is the first in a series of cables discussing 
President Kibaki,s recent announcement of his new cabinet. 
Septels will share in greater detail the biographies of 
appointed individuals and discuss the cases of those who have 
declined their cabinet appointments. 
 
---------------------------------- 
After Two Weeks, A Cabinet at Last 
---------------------------------- 
 
3.  (C) After two weeks of waiting and "consulting", 
President Kibaki announced his new cabinet late December 7, 
just as his self-imposed deadline expired.  The new line up 
falls far short of creating a government of national unity, 
as promised by Kibaki following the defeat of the 
government's position in the November 21 constitutional 
referendum.  The ministers retained are among the 
President,s key allies who supported the government,s 
position on the referendum campaign.  The absence of 
anti-corruption czar John Githongo,s name among the new 
appointees indicates that Kibaki spurned the former's offer 
to return to serve in the new government (presumably at the 
Permanent Secretary level.) 
 
4.  (C) While there are a number of new faces in the cabinet 
line up, many are familiar.  Sixteen former ministers were 
re-appointed to their positions and several either enjoyed 
lateral moves or promotions from assistant to full minister. 
Joining the ranks of assistant ministers are several 
outspoken Banana campaigners.  Nine ministers and 15 
assistant ministers are from the Mt. Kenya ethnic groups, 
comprising almost a full third of the cabinet. 
 
5.  (C) How Kibaki arrived at this decision on the cabinet is 
unclear.  The &consultations8 and deliberations leading up 
to the formation of the cabinet were conducted in utmost 
secrecy.   During the prime time televised announcement of 
the changes, Kibaki stared zombie-like into the teleprompter, 
occasionally stumbling through sentences and mispronouncing 
names of the new ministers and assistant ministers, a number 
of whom were probably unfamiliar to him.   After their 
appointments were announced, eleven appointees refused to 
accept the positions (the number continues to grow), which 
suggests they may not have been consulted about their 
inclusion in the new cabinet.  Kibaki appeared as 
uncomfortable in this televised performance as many viewers 
undoubtedly were. 
 
6.  (C) A complete list of the new Cabinet ministers can be 
found at para 15 below. 
 
--------------------- 
Oranges Out of Season 
--------------------- 
 
7.  (C)  Notably absent from the line up are all of the key 
leaders of the Orange Democratic Movement (ODM).  While 
expressing a willingness to negotiate with the President over 
cabinet positions, the ODM insisted that any cabinet 
appointments of ODM members must be negotiated directly 
through the organization and not individually with potential 
members.  ODM leaders lamented the President,s failure to 
 
reach out to consult with their group.  In total, all seven 
ODM former ministers were excluded from the reconstituted 
cabinet: Ralia Odinga, Kalonzo Musyoka, William ole Ntimama, 
Anyang, Nyong,o, Ochilo Ayacko, Linah Kilimo, and Najib 
Balala. 
 
------------------------- 
Cutting Free an Albatross 
------------------------- 
 
8. (C)  The controversial former Transportation Minister 
Chris Murungaru was also among those ministers to suffer the 
hatchet.  Murungaru,s exclusion is welcomed by the donor 
community and average Kenyans, as he is widely perceived as 
tainted by corruption.  Additionally, many had questioned 
Murungaru,s ability to perform his official duties following 
the UK and US visa bans.  While Murungaru,s removal from 
government office suggests his &official8 power may be on 
the wane, he may still have a significant hand in influencing 
government policies. 
 
------------------------------ 
Priorities for the New Cabinet 
------------------------------ 
 
9.  (C)  In his speech appointing the new ministers, Kibaki 
proclaimed that the priority for the new government is to 
promote development and foster economic growth.  To that end, 
there is some good news in the new cabinet.  In terms of 
economic policymaking, Kibaki chose to maintain continuity at 
two key ministries, Finance, where David Mwiraria was 
retained, and Trade and Industry, where Mukhisa Kituyi stays 
on.  (NOTE: Kituyi's party, FORD-K has announced that its 
members will not take up any of the offered cabinet posts. 
Kituyi was not present at this press conference, so it is not 
yet clear whether he will follow his party or remain with 
Kibaki.  END NOTE.)  However, the effective and capable 
former Minister for Planning and National Development, 
Anyang, Nyong,o, was among the sacked ODM leaders. 
 
10.  (C)  Kibaki also acknowledged the continuing desire of 
Kenyans for a new constitution and committed his government 
to fostering dialogue to develop a new constitutional review 
framework.  Local media reports that newly appointed Minister 
for Justice and Constitutional Affairs, Martha Karua, will 
spearhead a new constitutional review initiative.  (COMMENT: 
Deeply partisan Karua is perhaps not the best choice for 
reconciliation over the constitutional issue.  END COMMENT.) 
Kibaki further emphasized the need for integrity in 
government and announced he would introduce a new code of 
conduct and a management accountability framework to enhance 
responsibility, ethics, and accountability of government 
officials. 
 
------------------------------- 
ODM and the Official Opposition 
------------------------------- 
 
11.  (C)  In excluding key figures from ODM (key leaders of 
KANU and LDP), Kibaki,s decision to appoint his supporters 
and allies rather than reach out in a gesture of conciliation 
to ODM serves to further solidify the opposition.  This 
decision may have significant consequences in parliament, 
where the government may encounter formidable opposition to 
its agenda. 
 
12.  (C)  With the ODM locked out of government, they may 
renew their calls for fresh elections.  Following their 
victory at the referendum polls, the ODM announced a series 
of nation-wide &thanksgiving8 rallies.  The rallies were 
quickly banned by Vice President Awori due to fears that the 
ODM would use the rallies to garner support for snap 
elections.  The government has stuck to its ban on the 
planned rallies, the first of which is planned for Mombasa on 
December 10.  This may prove a test of wills should the ODM 
proceed and the government try to enforce its ban.  Violence 
is a very real possibility and could have an effect on the 
Jamhuri Day (Kenya's independence anniversary) celebrations 
on December 12. 
 
------- 
COMMENT 
------- 
 
13.  (C)  The great majority of Kenyans interpreted the 
government,s referendum defeat as a judgment on the Kibaki 
government,s performance (the President himself has 
privately conceded this point).  Yet Kibaki,s cabinet 
decisions appear simply to ignore this message from voters. 
He has expanded the cabinet to a whopping 79 members 
(including assistant ministers) which means that 1 in 3 
members of parliament now have ministerial titles and perks. 
(NOTE: If all had accepted their appointments, this number 
alone would have been sufficient to block any attempt at a 
parliamentary vote of no-confidence.  END NOTE.)  How this 
squares with the President,s stated intention to lead an 
efficient, hard-working and clean government is unclear. 
 
14. (C) Kibaki,s decision not to create a more inclusive 
cabinet, one that would have reached out to include ODM 
leaders, may come back to haunt him.  The decision may have 
been shortsighted in that it served as the unmistakable death 
knell for NARC; forced LDP into the arms of the opposition; 
and formalized the battle lines for the 2007 elections. 
Locked out of government, ODM has little choice but to 
proceed with its planned rallies to preserve the Movement,s 
momentum and its political future.  END COMMENT. 
 
 
15. (U) New Cabinet as of December 8. 
OFFICE OF THE PRESIDENT 
1. VICE PRESIDENT & MINISTRY OF HOME AFFAIRS:  HON. MOODY 
AWORI (LDP) 
 
a. MINISTER OF STATE FOR PROVINCIAL ADMINISTRATION AND 
NATIONAL SECURITY: HON. JOHN N. MICHUKI (NAK); 
Assistant Minister for Internal Security: HON. MIRUGI KARIUKI 
(NAK); 
Assistant Minister for Provincial Administration:     HON. 
JOSEPH KINGI (NAK) 
b. MINISTER OF STATE FOR PUBLIC SERVICE:  HON. MOSES AKARANGA 
(NAK) 
Assistant Minister:  HON. BONIFACE MGHANGA (KANU) 
c. MINISTER OF STATE FOR IMMIGRATION & REGISTRATION OF 
PERSONS: HON. GIDEON KONCHELAH (LDP) 
Assistant Minister: HON. ANANIAH MWABOZA (NLP) 
d. MINISTER OF STATE FOR SPECIAL PROGRAMMES: HON. NJENGA 
KARUME (KANU) 
Assistant Minister: HON. SOITA SHITANDA (FORD K)-DECLINED 
 
2. OFFICE OF THE VICE PRESIDENT 
a. MINISTER OF STATE FOR NATIONAL HERITAGE: HON. SULEIMAN 
SHAKOMBO (LDP) 
Assistant Minister for Home Affairs: HON. PETER ODOYO (LDP) 
DECLINED 
b. MINISTER OF STATE FOR YOUTH AFFAIRS: HON. DR. MOHAMMED 
KUTI (KANU) --NEW MINISTRY 
 
3. MINISTER FOR LOCAL GOVERNMENT: HON. MUSIKARI N. KOMBO 
(FORD-K) 
Assistant Minister for Urban Authorities: HON. ISHAK SHAABAN 
(KANU) 
Assistant Minister for County Councils: HON. STEPHEN TARUS 
(NAK) 
 
4. MINISTER FOR FINANCE: HON. DAVID MWIRARIA (NAK) 
Assistant Minister for Monetary, Fiscal & Investment Affairs: 
 HON. PETER KENNETH (LDP) 
Assistant Minister for Financial Management Affairs: HON. 
ZADOCK SYONGOH (LDP) --DECLINED 
 
5. MINISTER FOR HEALTH: HON. CHARITY NGILU (NAK) 
Assistant Minister Medical Services: HON. DR. WILFRED MACHAGE 
(LDP) 
Assistant Minister for Public Health: HON. SAMUEL MOROTO 
(KANU) DECLINED 
 
6. MINISTER FOR ROADS AND PUBLIC WORKS: HON. SIMEON NYACHAE 
(FORD-P) 
Assistant Minister Roads: HON. JOSHUA TORO (NAK) 
Assistant Minister Public Works: HON. KIPKALIA KONES (FORD-P) 
 
7. MINISTER FOR EDUCATION, SCIENCE & TECHNOLOGY: HON. PROF. 
GEORGE SAITOTI (LDP) 
Assistant Minister for Basic Education: HON. MRS. BETH MUGO 
(NAK) 
Assistant Minister for Higher Education: HON. KILEMI MWIRIA 
(NAK) 
 
 
8. MINISTER FOR AGRICULTURE: HON. KIPRUTO ARAP KIRWA (NAK) 
Assistant Minister for Research & Extension Services: HON. 
PETER KAINDI (NAK) 
Assistant Minister for Production and Marketing: HON. KEMBI 
GITURA (NAK) 
 
9. MINISTER FOR LIVESTOCK AND FISHERIES DEVELOPMENT: HON. 
JOSEPH MUNYAO (NAK) 
Assistant Minister for Livestock Development: HON. DR. NOAH 
WEKESA (FORD-K) 
Assistant Minister for Fisheries Development: HON. ABU CHIABA 
(KANU) 
 
10. MINISTER FOR JUSTICE AND CONSTITUTIONAL AFFAIRS: HON. 
MARTHA KARUA (NAK) 
Assistant Minister: HON. PROF. KIVUTHA KIBWANA (NAK) 
 
11. MINISTER FOR FOREIGN AFFAIRS: HON. RAPHAEL TUJU (PPP) 
Assistant Minister for International Affairs: HON. MOSES 
WETANGULA (FORD-K) 
Assistant Minister for African Affairs: HON. DANSON MUNGATANA 
(NAK) 
 
12. MINISTER FOR EAST AFRICAN COMMUNITY: HON. JOHN KOECH 
(KANU) 
Assistant Minister: HON. JOSEPH NYAGAH (NAK) 
 
13. MINISTER FOR GENDER, SPORTS, CULTURE AND SOCIAL SERVICES: 
HON. MAINA KAMANDA (NAK) 
Assistant Minister for Gender and Social Services: HON. 
ALICEN CHELAITE (NAK) 
Assistant Minister for Sports: HON. J.O. ONYANCHAH (FORD-P) 
 
14. MINISTER FOR INFORMATION AND COMMUNICATIONS:  HON. MUTAHI 
KAGWE (NAK) 
Assistant Minister for Information: HON. KOIGI WA WAMWERE 
(NAK) 
Assistant Minister for Communications: HON. DAVID WERE 
(FORD-P) DECLINED 
 
15. MINISTER FOR TRANSPORT: HON. CHIRAU ALI MWAKWERE (LDP) 
Assistant Minister for Port, Rail and Road Transport: HON. 
NJERU GITHAE (NAK) 
Assistant Minister for Civil Aviation and Meteorology: HON. 
PAUL SANG (KANU) DECLINED 
 
16. MINISTER FOR WATER: HON. MUTUA KATUKU (NAK) 
Assistant Minister for Water Resource Management: HON. JOHN 
MUNYES (FORD-K) 
Assistant Minister for Water Services: HON. MAJOR (Rtd) A. A. 
SUGOW (KANU) 
 
17. MINISTER FOR REGIONAL DEVELOPMENT AUTHORITIES: HON. ABDI 
MOHAMED (KANU) 
Assistant Minister: HON. TITUS NGOYONI (KANU) 
 
18. MINISTER FOR ENERGY: HON. KIRAITU MURUNGI (NAK) 
Assistant Minister for Petroleum Energy: HON. JOSEPH 
NKAISERRY (KANU) DECLINED 
Assistant Minister for Electricity: HON. MWANGI KIUNJURI 
(NAK) DECLINED 
 
19. MINISTER FOR TRADE AND INDUSTRY: HON. DR. MUKHISA KITUYI 
(FORD-K) 
Assistant Minister for Trade: HON. ABDIRAHMAN ALI HASSAN 
(KANU) 
Assistant Minister for Industry: HON. PETKAY MIRITI (NAK) 
 
20. MINISTER FOR TOURISM AND WILDLIFE: HON. MORRIS DZORO (NAK) 
Assistant Minister for Tourism: HON. RAPHAEL MURIUNGI (NAK) 
Assistant Minister for Wildlife: HON. KALEMBE NDILE (NAK) 
 
21. MINISTER FOR LANDS AND HOUSING: HON. AMOS KIMUNYA (NAK) 
Assistant Minister for Lands: HON. ASMAN. A. KAMAMA (FORD-A) 
Assistant Minister Housing: HON. BETTY TETT (NAK) 
 
22. MINISTER FOR ENVIRONMENT & NATURAL RESOURCES: HON. ORWA 
OJODEH (LDP) DECLINED 
Assistant Minister for Environment: HON. PROF. WANGARI 
MAATHAI (NAK) 
Assistant Minister for Natural Resources: HON. STEPHEN OLE 
NTUTU (KANU) 
 
23. MINISTER FOR LABOUR AND HUMAN RESOURCE DEVELOPMENT: HON. 
DR. NEWTON KULUNDU (FORD-K) 
Assistant Minister for Labour Relations: HON. SAMMY LESHORE 
(KANU) 
Assistant Minister for Manpower Management: HON. DAVID SUDI 
(KANU) DECLINED 
 
24. MINISTER FOR CO-OPERATIVE DEVELOPMENT AND MARKETING: HON. 
PETER N. NDWIGA (NAK) 
Assistant Minister for Agricultural sector: HON. WILLIAM K. 
BOIT (KANU) DECLINED 
Assistant Minister for Service sector: HON. DAVID MWENJE (NAK) 
 
25. MINISTER FOR PLANNING & NATIONAL DEVELOPMENT: HON. HENRY 
OBWOCHA (FORD-P) 
Assistant Minister for Planning: HON. DAVID EKWEE ETHURO (LDP) 
Assistant Minister for National Development: HON. JOHN SERUT 
(KANU) 
 
26. STATE LAW OFFICE :  Attorney General: HON. AMOS WAKO 
Solicitor General: WANJUKI MUCHEMI. 
BELLAMY