Keep Us Strong WikiLeaks logo

Currently released so far... 97115 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ETRD EAGR ETTC EAID ECON EFIN ECIN EINV ELAB EAIR ENRG EPET EWWT ECPS EIND EMIN ELTN EC ETMIN EUC EZ ET ELECTIONS ENVR EU EUN EG EINT ER ECONOMICS ES EMS ENIV EEB EN ECE ECOSOC EK ENVIRONMENT EFIS EI EWT ENGRD ECPSN EXIM EIAD ERIN ECPC EDEV ENGY ECTRD EPA ESTH ECCT EINVECON ENGR ERTD EUR EAP EWWC ELTD EL EXIMOPIC EXTERNAL ETRDEC ESCAP ECO EGAD ELNT ECONOMIC ENV ETRN EIAR EUMEM ENRGPARMOTRASENVKGHGPGOVECONTSPLEAID EREL ECOM ECONETRDEAGRJA ETCC ETRG ECONOMY EMED ETR ENERG EITC EFINOECD EURM EENG ERA EXPORT ENRD ECONEINVETRDEFINELABETRDKTDBPGOVOPIC EGEN EBRD EVIN ETRAD ECOWAS EFTA ECONETRDBESPAR EGOVSY EPIN EID ECONENRG EDRC ESENV ETT EB ENER ELTNSNAR ECHEVARRIA ETRC EPIT EDUC ESA EFI ENRGY ESCI EE EAIDXMXAXBXFFR EETC ECIP EIAID EIVN EBEXP ESTN EING EGOV ETRA EPETEIND ELAN ETRDGK EAIDRW ETRDEINVECINPGOVCS EPEC ENVI ELN EAG EPCS EPRT EPTED ETRB EUM EAIDS EFIC EFINECONEAIDUNGAGM EAIDAR ESF EIDN ELAM EDU EV EAIDAF ECN EDA EXBS EINTECPS ENRGTRGYETRDBEXPBTIOSZ EPREL EAC EINVEFIN ETA EAGER EINDIR ECA ECLAC ELAP EITI EUCOM ECONEFINETRDPGOVEAGRPTERKTFNKCRMEAID EARG ELDIN EINVKSCA ENNP EFINECONCS EFINTS ECCP ETC EAIRASECCASCID EINN ETRP EAIDNI EFQ ECOQKPKO EGPHUM EBUD ECONEINVEFINPGOVIZ ENERGY ELB EINDETRD EMI ECONEFIN EIB EURN ETRDEINVTINTCS EIN EFIM ETIO ELAINE EMN EATO EWTR EIPR EINVETC ETTD ETDR EIQ ECONCS EPPD ENRGIZ EISL ESPINOSA ELEC EAIG ESLCO EUREM ENTG ERD EINVECONSENVCSJA EEPET EUNCH ECINECONCS ETRO ETRDECONWTOCS ECUN EFND EPECO EAIRECONRP ERGR ETRDPGOV ECPN ENRGMO EPWR EET EAIS EAGRE EDUARDO EAGRRP EAIDPHUMPRELUG EICN ECONQH EVN EGHG ELBR EINF EAIDHO EENV ETEX ERNG ED
KMDR KPAO KPKO KJUS KCRM KGHG KFRD KWMN KDEM KTFN KHIV KGIC KIDE KSCA KNNP KHUM KIPR KSUM KISL KIRF KCOR KRCM KPAL KWBG KN KS KOMC KSEP KFLU KPWR KTIA KSEO KMPI KHLS KICC KSTH KMCA KVPR KPRM KE KU KZ KFLO KSAF KTIP KTEX KBCT KOCI KOLY KOR KAWC KACT KUNR KTDB KSTC KLIG KSKN KNN KCFE KCIP KGHA KHDP KPOW KUNC KDRL KV KPREL KCRS KPOL KRVC KRIM KGIT KWIR KT KIRC KOMO KRFD KUWAIT KG KFIN KSCI KTFIN KFTN KGOV KPRV KSAC KGIV KCRIM KPIR KSOC KBIO KW KGLB KMWN KPO KFSC KSEAO KSTCPL KSI KPRP KREC KFPC KUNH KCSA KMRS KNDP KR KICCPUR KPPAO KCSY KTBT KCIS KNEP KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG KNNB KGCC KINR KPOP KMFO KENV KNAR KVIR KDRG KDMR KFCE KNAO KDEN KGCN KICA KIMMITT KMCC KLFU KMSG KSEC KUM KCUL KMNP KSMT KCOM KOMCSG KSPR KPMI KRAD KIND KCRP KAUST KWAWC KTER KCHG KRDP KPAS KITA KTSC KPAOPREL KWGB KIRP KJUST KMIG KLAB KTFR KSEI KSTT KAPO KSTS KLSO KWNN KPOA KHSA KNPP KPAONZ KBTS KWWW KY KJRE KPAOKMDRKE KCRCM KSCS KWMNCI KESO KWUN KPLS KIIP KEDEM KPAOY KRIF KGICKS KREF KTRD KFRDSOCIRO KTAO KJU KWMNPHUMPRELKPAOZW KEN KO KNEI KEMR KKIV KEAI KWAC KRCIM KWCI KFIU KWIC KCORR KOMS KNNO KPAI KBWG KTTB KTBD KTIALG KILS KFEM KTDM KESS KNUC KPA KOMCCO KCEM KRCS KWBGSY KNPPIS KNNPMNUC KWN KERG KLTN KALM KCCP KSUMPHUM KREL KGH KLIP KTLA KAWK KWMM KVRP KVRC KAID KSLG KDEMK KX KIF KNPR KCFC KFTFN KTFM KPDD KCERS KMOC KDEMAF KMEPI KEMS KDRM KEPREL KBTR KEDU KNP KIRL KNNR KMPT KISLPINR KTPN KA KJUSTH KPIN KDEV KTDD KAKA KFRP KWNM KTSD KINL KJUSKUNR KWWMN KECF KWBC KPRO KVBL KOM KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG KEDM KFLD KLPM KRGY KNNF KICR KIFR KM KWMNCS KAWS KLAP KPAK KDDG KCGC KID KNSD KMPF KPFO KDP KCMR KRMS KNPT KNNNP KTIAPARM KDTB KNUP KPGOV KNAP KNNC KUK KSRE KREISLER KIVP KQ KTIAEUN KPALAOIS KRM KISLAO KWM KFLOA
PHUM PINR PTER PGOV PREL PREF PL PM PHSA PE PARM PINS PK PUNE PO PALESTINIAN PU PBTS PROP PTBS POL POLI PA PGOVZI POLMIL POLITICAL PARTIES POLM PD POLITICS POLICY PAS PMIL PINT PNAT PV PKO PPOL PERSONS PING PBIO PH PETR PARMS PRES PCON PETERS PRELBR PT PLAB PP PAK PDEM PKPA PSOCI PF PLO PTERM PJUS PSOE PELOSI PROPERTY PGOVPREL PARP PRL PNIR PHUMKPAL PG PREZ PGIC PBOV PAO PKK PROV PHSAK PHUMPREL PROTECTION PGOVBL PSI PRELPK PGOVENRG PUM PRELKPKO PATTY PSOC PRIVATIZATION PRELSP PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ PMIG PREC PAIGH PROG PSHA PARK PETER POG PHUS PPREL PS PTERPREL PRELPGOV POV PKPO PGOVECON POUS PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN PWBG PMAR PREM PAR PNR PRELPGOVEAIDECONEINVBEXPSCULOIIPBTIO PARMIR PGOVGM PHUH PARTM PN PRE PTE PY POLUN PPEL PDOV PGOVSOCI PIRF PGOVPM PBST PRELEVU PGOR PBTSRU PRM PRELKPAOIZ PGVO PERL PGOC PAGR PMIN PHUMR PVIP PPD PGV PRAM PINL PKPAL PTERE PGOF PINO PHAS PODC PRHUM PHUMA PREO PPA PEPFAR PGO PRGOV PAC PRESL PORG PKFK PEPR PRELP PREFA PNG PGOVPHUMKPAO PRELECON PINOCHET PFOR PGOVLO PHUMBA PRELC PREK PHUME PHJM POLINT PGOVPZ PGOVKCRM PGOVE PHALANAGE PARTY PECON PEACE PROCESS PLN PRELSW PAHO PEDRO PRELA PASS PPAO PGPV PNUM PCUL PGGV PSA PGOVSMIGKCRMKWMNPHUMCVISKFRDCA PGIV PRFE POGOV PEL PBT PAMQ PINF PSEPC POSTS PHUMPGOV PVOV PHSAPREL PROLIFERATION PENA PRELTBIOBA PIN PRELL PGOVPTER PHAM PHYTRP PTEL PTERPGOV PHARM PROTESTS PRELAF PKBL PRELKPAO PKNP PARMP PHUML PFOV PERM PUOS PRELGOV PHUMPTER PARAGRAPH PERURENA PBTSEWWT PCI PETROL PINSO PINSCE PQL PEREZ PBS

Browse by classification

Community resources

courage is contagious

Viewing cable 08NAIROBI2865, PRESIDENT, PM SIGN PACT TO FORM POST-ELECTION

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #08NAIROBI2865.
Reference ID Created Released Classification Origin
08NAIROBI2865 2008-12-23 08:04 2011-08-25 00:00 UNCLASSIFIED Embassy Nairobi
VZCZCXRO3189
OO RUEHROV
DE RUEHNR #2865/01 3580804
ZNR UUUUU ZZH
O 230804Z DEC 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8046
INFO RUCNIAD/IGAD COLLECTIVE
RUEHDR/AMEMBASSY DAR ES SALAAM 6274
RUEHDJ/AMEMBASSY DJIBOUTI 5508
RHMFIUU/CJTF HOA
RUZEFAA/CDR USAFRICOM STUTTGART GE
RUZEFAA/HQ USAFRICOM STUTTGART GE
UNCLAS SECTION 01 OF 03 NAIROBI 002865 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM KE
SUBJECT: PRESIDENT, PM SIGN PACT TO FORM POST-ELECTION 
VIOLENCE TRIBUNAL 
 
REF: A. NAIROBI 2551 
     B. NAIROBI 2401 
     C. NAIROBI 1838 
     D. NAIROBI 1170 
     E. NAIROBI 2762 
 
SUMMARY 
 ------- 
 
1.  President Mwai Kibaki and Prime Minister Raila Odinga 
signed on December 17 an agreement to implement the 
recommendations of the Commission of Inquiry into 
Post-Election Violence (CIPEV), also known as the Waki 
Commission (Reftels).  The agreement tasks a Cabinet 
sub-committee to draft legislation to establish a Special 
Tribunal expected to try at least ten high-level politicians 
and businessmen whom the Waki Commission suspect organized 
and/or financed post-election violence.  The agreement 
further holds that any public official charged by the Special 
Tribunal will be suspended until the case is resolved and 
that those convicted will be barred from elective or other 
public office.  Kibaki and Odinga also agreed to undertake 
sweeping police reforms, including the establishment of a 
independent civilian oversight authority for police.  Signing 
the agreement meets the first of several benchmarks set by 
the Waki Commission.  Parliament must now enact legislation 
establishing the Special Tribunal by January 31 or risk that 
the International Criminal Court will assert jurisdiction. 
Kofi Annan, who mediated the agreement that ended Kenya's 
post-election crisis and which established the Waki 
Commission, issued a statement welcoming the agreement (See 
text para. 5).  The statement also stressed that the 
Government should meet the original implementation deadlines 
in the Waki report.  The Ambassador had urged the need for 
rapid action in his December 9 reform agenda speech (Ref D) 
and has also welcomed the action taken.  The legislation is 
largely ready and we expect President Kibaki will recall 
Parliament early from its recess to beat the deadline.  END 
SUMMARY 
 
The Waki Commission 
------------------- 
 
2.  The Waki Commission was appointed as part of the Kofi 
Annan-led mediation process which resolved Kenya's 
post-election crisis.  Its mandate was to investigate the 
causes and nature of the post-election violence, to recommend 
prosecutions where justified by the evidence, and to suggest 
reforms to help prevent future instances of election violence 
Ref D).  It began work in June.  After three months of 
testimony from state security personnel, politicians, 
individuals, and non-governmental organizations, the Waki 
Commission concluded that some post-election violence was 
planned, while other acts were a spontaneous reaction to the 
belief on the part of Odinga supporters that the presidential 
election had been stolen.  The Waki Commission found 
sufficient evidence to develop a list of ten suspected 
high-level organizers and financiers of post-election 
violence, but did not release the names of these suspects 
(Ref B).  It proposed a Special Tribunal be formed to 
investigate and try these suspects.  The report also 
concluded that planning for, and reaction to, post-election 
violence by Kenya's police services was inadequate.  It 
condemned police forces for the frequent use of excessive 
force to quell post-election violence.  The Waki Commission 
recommended significant reform to the Kenya Police Service 
and Administration Police (Ref B). 
 
3.  The Waki Commission, in conjunction with the 
International Criminal Court (ICC), created a strategy to 
ensure that its recommendations would be implemented. This 
strategy called for the Kenyan Government and Parliament to 
meet tight deadlines for establishing the Special Tribunal. 
The key deadlines were that President Kibaki and Prime 
Minister Odinga had to sign an agreement to implement the 
Waki Commission's recommendations within 60 days of receiving 
the report.  Subsequently, legislation establishing the 
Special Tribunal must be enacted within 45 days, with a 
further 30 days given to make the Special Tribunal 
operational.  Failure to meet any of these deadlines would 
result Annan recommending that the ICC initiate 
investigations of those suspected by the Waki Commission. 
Deadlines related to police reform were much less specific 
and do not have a self-implementing mechanism. 
 
The Agreement 
 
NAIROBI 00002865  002 OF 003 
 
 
------------- 
 
4.   On December 17 President Kibaki and Prime Minister 
Odinga signed an agreement in principle to implement the 
report's recommendations, just beating the 60-day deadline. 
The agreement assented to the formation of the Special 
Tribunal and tasked a Cabinet subcommittee with drafting 
legislation to establish the tribunal.  It further holds that 
any public official charged by the tribunal will be suspended 
until the case is resolved and that those convicted by the 
Special Tribunal will be barred from holding elective or 
appointed public office.  Kibaki and Odinga also agreed to 
undertake major police reforms, including the establishment 
of a independent civilian oversight authority for police. 
 
Kofi Annan Welcomes 
The Agreement 
------------------- 
 
5.  On December 19, Kofi Annan issued the following statement 
welcoming the agreement.  To follow is a text of his 
statement. 
 
Begin text: 
 
I am pleased that President Mwai Kibaki and Prime Minister 
Raila Odinga have signed an agreement for the implementation 
of the recommendations of the Commission of Inquiry into 
Post-Election Violence (CIPEV).  The implementation of 
CIPEV's proposals will go a long way towards ending the 
culture of impunity and spearheading much-needed 
institutional reforms in the country.  I note that the 
Parties to the agreement will now prepare and submit to the 
National Assembly a draft bill for the establishment of the 
Special Tribunal for Kenya.  I trust that the bill will 
reflect the spirit of CIPEV's proposals and incorporate all 
its key provisions.  I urge Kenya's leaders to redouble their 
efforts to implement the CIPEV recommendations and to respect 
the suggested timeline for action. 
 
Equally important is continued progress on electoral reform. 
In this regard, I am pleased that the National Assembly has 
passed the Constitution of Kenya Amendment Bill, 2008, 
setting the stage for the implementation of the crucial 
reforms recommended by the Independent Review Commission on 
the 2007 elections.  Moving forward on the reform agenda is 
imperative for building a more stable and democratic Kenya. 
 
End text. 
 
Next Steps 
---------- 
 
6.  The next deadline is that Parliament must pass 
legislation establishing the Special Tribunal on or before 
January 31, 2009.  Parliament adjourned for holiday recess on 
December 18.  It would normally resume in March 2009. 
However, President Kibaki is likely to recall Parliament in 
late January to debate and pass legislation before the 
deadline expires. 
 
7.  Both Kibaki and Odinga have exerted strong leadership on 
their followers to implement the Waki Report.  Their 
leadership, and the possibility that the ICC might assume 
jurisdiction, has forged a consensus to implement the Waki 
Report.  The Cabinet subcommittee mentioned in the agreement 
was formed in November and, chaired by Deputy Prime Minister 
Musalia Mudavadi, has completed its implementation plan.  The 
consensus reached accepts international participation in the 
trial and appeals court, but Kenyans would act as chief 
judges in both.  Regarding the selection process, the 
government position is that President Kibaki would make 
appointments of Kenyans judges in consultation with the Prime 
Minister and the Chief Justice of Kenya.  International 
appointments and the appointment of the Kenyan deputy 
prosecutor would be made by President Kibaki on the 
recommendation of the African Union Panel of Eminent Persons, 
an ad hoc body headed by Kofi Annan. 
 
8.  Kibaki and Odinga had hoped that Cabinet would adopt the 
plan and that Parliament would pass the legislation before it 
adjourned last week.  However, these plans were delayed by 
parliamentary wrangling over a constitutional amendment to 
disband the Electoral Commission of Kenya, which prevented 
Cabinet from considering the plan. 
 
 
NAIROBI 00002865  003 OF 003 
 
 
POLICE REFORM 
------------- 
 
9.  The agreement also agrees in principle to implement the 
Waki Report's implementation on police reform.  This includes 
a top-to-bottom review of tactics, weapons, and use-of-force 
doctrine of Kenya's police forces, as well as establishment 
of an independent oversight authority which would be 
empowered to take public complaints about police behavior and 
to discipline police officers. This is a massive task and its 
implementation is not tied to a fixed timeline. 
 
 
COMMENT 
------- 
 
10.  The signing of the agreement represents another positive 
step in implementation of the reform agenda.  It appears that 
much of the groundwork to establish the Special Tribunal has 
been laid.  Annan has blessed the agreement and his call for 
the parties to respect the timeline for implementation of the 
Waki Report's recommendations sends a clear signal that Kenya 
will not, as many local politicians hoped, be allowed to 
delay implementation.  We expect Kibaki to reconvene 
Parliament in mid-January to debate the legislation.  The 
Ambassador, in his private meetings and public comments over 
the past months (Ref E), has strongly urged the Grand 
Coalition government to take action as well as expressed 
confidence they would fully implement the Waki Commission 
recommendations.  We will continue to stress the importance 
of establishing the Special Tribunal and of reforming Kenya's 
police forces at the highest level of government.  End 
Comment. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RANNEBERGER