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DE RUEHNR #2118/01 1371417
ZNR UUUUU ZZH
P 171417Z MAY 07
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 9773
INFO RUEHDS/AMEMBASSY ADDIS ABABA 9308
RUEHDR/AMEMBASSY DAR ES SALAAM 5279
RUEHDJ/AMEMBASSY DJIBOUTI 4699
RUEHKM/AMEMBASSY KAMPALA 2048
RUEHLO/AMEMBASSY LONDON 2250
RUEHFR/AMEMBASSY PARIS 2208
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHMFIUU/CJTF HOA
UNCLAS NAIROBI 002118
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PREL KDEM PGOV KE
SUBJECT: GOVERNMENT-BACKED CANDIDATE WINS COAST BY-ELECTION
REF: NAIROBI 1832
This message is Sensitive but Unclassified, please handle
accordingly.
1. (SBU) SUMMARY: With the government's backing, Harrison
Kombe, of the Shirikisho party, won the May 14 low-turnout
parliamentary by-election in the coastal Magarini
constituency. The result was not surprising. Kombe won
resoundingly with 37 percent of the votes cast, far ahead of
the competition. While no one has disputed the result, there
were allegations of misuse of government resources on behalf
of the winning party and voter bribery by two other parties
during the contest, which was an important precursor to
December's general election. END SUMMARY.
2. (SBU) During an election severely challenged by heavy
rain and flooding, Shirikisho's Harrison Kombe (supported by
the pro-government NARC-K party) collected 5,138 votes of
13,728 cast (37 percent). This number, however, comprised
only 12 percent of the constituency's registered voters as
voter turnout was just 32 percent. Kombe's nearest
competitors in the field of 10 candidates (see reftel) were
opposition coalition ODM-K's Amason Kingi Jeffah with 18
percent of the votes cast and naturalized Kenyan Italian
Franco Esposito, who received 16 percent. NARC-K did not
field its own candidate, opting instead to support the
"incumbent" Kombe. (The losing candidate had disputed
Kombe's victory for the constituency seat in 2002's general
election. In early 2007, a Kenyan court finally ruled on the
petition, nullifying the result and precipitating Monday's
by-election.)
Rivers Run All Over It
----------------------
3. (SBU) The by-election faced both logistical and political
challenges. Days of heavy rain up to the morning of May 14
left roads flooded and turned small streams into impassable
rivers. Speaking with diplomatic observers on May 13,
Electoral Commission of Kenya (ECK) officials expressed
concern that voting materials would not reach polling
stations in time for the six a.m. opening. They were
confident, however, that with contingency measures of canoes
and a helicopter on standby, balloting would proceed as
planned. As it turned out, the helicopter was needed, but
only arrived in Magarini at one p.m. on May 14. Some more
remote polling stations did not open until late afternoon on
May 14 and stayed open for voters through the night. A
number of polling stations reported late openings due to
difficulties traveling flood-ravaged roads. The ECK Chairman
acknowledged that his organization could have done more,
earlier, to ensure a smoother election day.
4. (SBU) While 14 civic ward by-elections also took place on
May 14, it was the single parliamentary election that drew
the most political attention. Weeks before the polling day
Vice President Moody Awori (NARC-K's second in command)
visited Magarini to campaign for Kombe, but was jeered by
crowds. A week before the election, Kombe's opponents
accused the government of misusing its resources when
officials, including two ministers, handed out land title
deeds in the constituency. On election day, there were
reports that candidate Esposito and his KENDA party Chairman
the notoriously corrupt businessman Kamlesh Pattni were in
Magarini bribing voters. Bribery allegations were also made
against ODM-K; their candidate's relatives were reportedly
spotted near polling stations distributing cash. (NOTE:
Diplomatic observers did see Esposito and Pattni, but did not
witness any vote-buying. END NOTE.)
By-Election Reveals Areas for Improvement
-----------------------------------------
5. (SBU) Nairobi-based diplomatic missions fielded a
coordinated observer mission of five teams, including the
U.S. DCM. The missions issued a press statement on May 17,
the text of which is in paragraph 7. While observers did not
witness any electoral misconduct, they noted administrative
deficiencies. At single polling centers with more than one
independent ballot box or polling station, voters were
permitted to cast their ballot at either one. With the same
voter list at each station, they only protection against
double voting was the indelible ink on voters' fingers.
Voters also appeared unfamiliar with the procedure, requiring
guidance throughout the process, including folding the ballot
to fit in the box. Observers were concerned by assisted
voting, necessary for the large number of illiterate voters.
In this process, a voter, assisted by an ECK official, would
vote audibly in the presence of all of the many party agents
and other voters present, compromising the secrecy of the
ballot. These observations will be presented to the ECK
Chairman in a written report with a view to encouraging
improved administration and further voter education for
December's general election.
Comment: Government's Calculation Pays Off
------------------------------------------
6. (SBU) COMMENT: While NARC-K did not field a candidate in
the Magarini election, it put considerable political muscle
behind Kombe. His success, will be chalked up as a NARC-K
victory. Seen by many as a precursor to December's general
election government-versus-ODM-K match, the by-election win
gives the government an added boost in what many expect will
be an easy victory over a disjointed ODM-K coalition.
NARC-K's decision to support Kombe was simply one of
political expediency; it wanted to back anyone who could beat
ODM. Kombe is Shirikisho's only MP. His party's ideology
consists largely of a call for reserving Coast Province land
and jobs exclusively for natives of the Province. At the
popular level, this translates as anti-Kikuyu sentiment.
Kibaki's Kikuyu-led government supported a dependable ally
whose political appeal largely derives from an anti-Kikuyu
populist message. END COMMENT.
7. (U) The text of the diplomatic observer mission joint
statement follows.
Begin text.
Representatives of the diplomatics missions of Canada, the
European Commission, Switzerland, the United Kingdom, and the
United States based in Nairobi participated as observers
during the by-elections held on May 14, 2007 in Magarini
constituency, at the invitation of the Electoral Commission
of Kenya. Five teams of diplomatic observers visited 37
polling centers, witnessing the opening, balloting, closing,
counting, and tallying.
The Electoral Commission should be applauded for the
administration of this by-election in extremely difficult
weather conditions. We also commend the broad participation
of domestic observers. We are encouraged by the peaceful
manner in which this election was conducted. At the same
time, we are concerned by allegations of electoral
misconduct, and urge that all formal complaints with
supporting evidence be investigated fully.
In the spirit of our partnership with Kenya, we appreciate
the opportunity to observe the electoral process as strictly
impartial democratic partners. We will continue to follow
Kenya's democratic process as the country approaches its next
general election, during which we hope all registered voters
will exercise their right to participate.
This statement was agreed to by Canada, the European
Commission, Switzerland, the United Kingdom and the United
States.
End text.
RANNEBERGER