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### Viewing cable 09NAIROBI1829, VISAS DONKEY: CORRUPTION 212(F) VISA DENIAL

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09NAIROBI1829 | 2009-09-01 08:08 | 2010-12-08 21:09 | SECRET | Embassy Nairobi
Appears in these articles: http://www.spiegel.de/

`

    VZCZCXYZ0002
    PP RUEHWEB

    DE RUEHNR #1829/01 2440858
    ZNY SSSSS ZZH
    P 010858Z SEP 09
    FM AMEMBASSY NAIROBI
    TO RUEHC/SECSTATE WASHDC PRIORITY 0826
    INFO RUEHLO/AMEMBASSY LONDON PRIORITY 3308
    RHEHNSC/NSC WASHDC PRIORITY

` `

    <<223100>>
    09.01.2009 08:58
    09NAIROBI1829
    Embassy Nairobi
    SECRET
    08STATE81854
    VZCZCXYZ0002
    PP RUEHWEB

    DE RUEHNR #1829/01 2440858
    ZNY SSSSS ZZH
    P 010858Z SEP 09
    FM AMEMBASSY NAIROBI
    TO RUEHC/SECSTATE WASHDC PRIORITY 0826
    INFO RUEHLO/AMEMBASSY LONDON PRIORITY 3308
    RHEHNSC/NSC WASHDC PRIORITY
    TAGS: CVIS KCOR KCRM PGOV PREL ECON KE
    SUBJECT: VISAS DONKEY: CORRUPTION 212(F) VISA DENIAL
    REF: A. 2008 STATE 81854

    S e c r e t nairobi 001829

    Sensitive
    sipdis

    Dept for a/s carson, inl/c/cp, jane becker; nsc for senior
    director gavin

    E.o. 12958: decl: 08/27/2019
    Tags: cvis, kcor, kcrm, pgov, prel, econ, ke
    Subject: visas donkey: corruption 212(f) visa denial

    Ref: a. 2008 state 81854
    b. Td-314/081112-08
    c. Td-314/081567-08
    d. Td-314/083973-08

    Classified By: Ambassador Michael Ranneberger, Reasons 1.4 b,d

    ¶1. (C) Embassy is seeking a security advisory opinion under
    Section 212(f) of the Immigration and Nationality Act (INA),
    Proclamation 7750, precluding the entry into the United
    States of Henry Kiprono Kosgey and his family. Kosgey was
    born in Nandi district, Rift Valley Province, Kenya on July
    14, 1947. There is strong evidence that Kosgey has
    consistently engaged in official corruption from at least
    1987 to the present while holding a variety of ministerial
    and parastatal director positions, and that corruption has
    had serious adverse effects on both U.S. foreign assistance
    goals and on the stability of Kenya's democratic
    institutions. The following provides information requested in
    ref A, paragraphs 26-28.

    ¶2. (C) Like many members of Kenya's political elite, Kosgey
    has had a long career in politics and served in numerous
    ministerial positions under the kleptocratic administration
    of former President Daniel arap Moi. He has, however, also
    continued to enrich himself at the public's expense while
    serving as a member of Parliament (MP), as director of the
    parastatal and now bankrupt Kenya National Assurance Company
    and as Minister for Industrialization under the current
    coalition government.

    ¶3. (C) Kosgey was first elected as MP of Tinderet
    constituency in Rift Valley Province in 1979 under Moi's
    Kenya African National Union (KANU) party. (Note: At that
    time, Kenya was a single-party state.) He was re-elected as
    MP in 1983, 1988, 1992, 1997, 2002, and 2007, when he ran as
    a candidate under Prime Minister Raila Odinga's Orange
    Democratic Movement (ODM) party. After becoming an MP, Kosgey
    served under Moi as Minister for Transport and Communications
    (1980-1985), Minister for Cooperatives Development
    (1985-1986), and Minister for Culture and Social Services
    (1987-1988). Kosgey, like Moi, is an ethnic Kalenjin from
    Rift Valley province. Although he is a member of the Nandi
    sub-tribe and not Moi's Tugen sub-tribe, he was for many
    years a close and trusted associate of the former president.
    From 1989 to 1992, he served as Executive Chairman of the
    now-defunct parastatal Kenya National Assurance Company
    (KNAC). From 1993 to 1996, he served as an MP but did not
    hold a cabinet position. In 1996, he reentered the cabinet
    when he was appointed by Moi as Minister for Environment and
    Natural Resources (1996-1997). He subsequently served as
    Minister for Tourism (1998-1999), Minister for Science and
    Technology (1999-2001), and Minister of Education
    (2001-2002). During President Kibaki's first term
    (2003-2007), Kosgey reinvented himself as an ODM MP after Moi
    left power in 2002. Following the formation of the coalition
    government in February 2008, he was appointed by Prime
    Minister Odinga as head of the newly-created Ministry of
    Industrialization, a post he currently holds. He is also the
    current chairman of ODM.

    Embezzling funds, looting parastatal assets

    ¶4. (C) Open source reporting alleges that, when serving as
    Minister of Culture and Social Services, Kosgey was part of
    the team that brought in American marketing consultant Dick
    Berg to assist Kenya in organizing and hosting the fourth
    All-Africa Games in 1987. Berg's task was to assist the GOK
    in raising funds to support the games; he is accused of
    fleeing the country with roughly $2.6 million before the
    games began. Kosgey is also alleged to have participated in
    the looting of the assets of the Games' organizing committee
    by misappropriating funds designated for costs associated
    with the Games for his personal use. Kosgey is also accused
    of looting the real estate assets of former parastatal Kenya
    National Assurance Company (KNAC) when he served as its
    director from 1989 to 1992. Under his management, KNAC is
    also alleged to have made illegal loans and paid out
    fradulent claims to politically connected individuals. By
    illegally appropriating KNAC's most valuable assets, Kosgey
    reduced the company to an undercapitalized shell that
    ultimately collapsed and failed to meet its financial
    obligations to pension and life insurance policy holders. At
    the time the KNAC went into receivership, it held more than
    $13 million in life insurance policies. As a result of the
    collapse of KNAC, 900 employees lost their jobs and thousands
    of Kenyans from all walks of life lost their pensions or did
    not receive insurance payments upon the deaths of
    beneficiaries. The former employees also allege that the
    company owes them an estimated $655,000 in pension benefits.

    Accused of grabbing public lands

    ¶5. (C) When President Kibaki first took office in 2003, he
    ordered a number of commissions of inquiry aimed at examining
    and correcting some of the worst corruption excesses of the
    Moi era. Unfortunately, once the first blush of reformist
    zeal had passed, there was almost no accountability for those
    officials named in the commissions' reports or implementation
    of the commissions' corrective recommendations. The Ndung'u
    Commission was constituted in 2003 to investigate "irregular
    allocation" or illegal privatization of public land in urban
    areas, settlement schemes, forests, and reserves during the
    Moi era. Its report, released in December 2004, was more than
    2,000 pages long with annexes and provided the most
    comprehensive analysis to date of shady land deals during the
    Moi years (1978-2002). The commission recommended the
    revocation of hundreds of land allocations, including many to
    past and current political figures. To date, none of these
    revocations have been implemented despite pledges by current
    Minister of Lands James Orengo to do so.

    ¶6. (C) Kosgey (along with fellow minister Sally Kosgei) is
    named in the Ndung'u report as the improper recipient of more
    than 300 hectares of the South Nandi forest in 1999.
    According to local anti-corruption NGO Mars Group Kenya, the
    illegal carving out of a total of 1,170 hectares of forest
    land was supposed to be part of a land swap in which Kosgey
    and two other politicians would exchange the forest land for
    farmland held by local farmers and the minority Ngerek
    community. When the exchange took place, many of the intended
    beneficiaries were excluded and rendered landless. In 1995,
    Kosgey was serving on the board of directors of Kakuzi Tea
    Company, which is still in existence and is publicly traded
    on the Nairobi and London stock exchanges. He is accused of
    colluding with other corrupt directors in stripping Kakuzi of
    some of its prime assets by illegally transferring 97
    hectares of Siret Farm (a tea plantation) to the Tinderet
    Development Trust Company, a shell company co-owned by Kosgey
    and his son Allan. In the face of declining global tea prices
    and burdened by debt of more than $8.5 million, Kakuzi put
    the remainder of Siret Farm up for public sale in 2007.

    Involvement in post-election violence and opposition to
    accountability

    ¶7. (S) In October 2008, Kosgey was named in the report of the
    Commission to Investigate Post-Election Violence (CIPEV),
    commonly known as the Waki Commission after its chairman,
    Justice Philip Waki. The report alleged that Kosgey
    participated in incitement, planning, and illegal financing
    of post-election violence in and around his rural
    constituency of Tinderet in the Nandi Hills district of Rift
    Valley province. Tinderet is a tea-growing area, and many tea
    pickers working on the plantations hail from western Kenya
    and are ethnic Luo or Luhya. Many workers and their families,
    who usually live in company-owned housing on the larger
    plantations, fled or were driven out of the area during the
    post-election violence by groups of youths who resented
    non-Kalenjins being employed in the local tea industry.

    ¶8. (C) When the report was released, Kosgey joined a number
    of his fellow ODM MPs in rejecting the Waki Commission's
    findings, despite Odinga's public statements that the Waki
    report's recommendations be fully implemented. Key
    recommendations included setting up a local special tribunal
    to try persons suspected of participating in post-election
    violence and/or sending the dossiers on these individuals to
    the International Criminal Court (ICC) for potential
    prosecution. In his capacity as ODM chairman and as an MP,
    Kosgey has repeatedly and publicly rejected both the local
    tribunal and ICC options, joining some of the other MPs named
    in the Waki report as instigators in calling instead for
    healing and reconciliation. In public remarks on October 14,
    2008, Kosgey stated that "the people in that list were not
    given a chance to defend themselves. That is very unfair."

    Questions on the maize scandal

    ¶9. (C) In early 2009, a national scandal erupted when a
    number of prominent politicians, including Minister of
    Agriculture William Ruto, were accused of speculating in
    government-subsidized maize designated to feed the hungry
    after the planting cycle was disrupted in many growing areas
    by the post-election violence. (Note: Kosgey's constituency
    was among those most affected, as it is located near the
    epicenter of inter-ethnic violence in Rift Valley province.)
    Twenty-one MPs and three ministers, including Kosgey, were
    summoned for questioning by investigators at the Kenya
    Anti-Corruption Commission (KACC) in February 2009. Local
    media reported that Kosgey was asked about letters he sent to
    the National Cereals and Produce Board requesting an
    allocation of subsidized maize.

    Hiring and firing without transparency

    ¶10. (C) As Minister of Industrialization, Kosgey is
    responsible for overseeing the operation, management, and
    privatization of the Kenyan government's ten state
    corporations. He also oversees the implementation of the
    GOK's new "quality mark" requirement without which many goods
    cannot be sold in Kenya. Many private sector companies,
    including major U.S. companies like Eveready and Sara Lee,
    have protested this new requirement adds unreasonable costs
    to importing goods and discriminates against products
    manufactured outside Kenya. Major private sector advocacy
    groups, including the Kenya Association of Manufacturers
    (KAM), have also noted the great potential for corruption in
    implementation of the new quality mark requirement. In June
    2009, KAM also accused Kosgey of illegally and unilaterally
    removing some of the private sector members of the board of
    the Kenya Bureau of Standards, the entity charged with
    implementing the quality mark program. xxxxxxxxxxxx have told us that they have credible
    information that Kosgey is benefitting illegally from the
    imposition of the quality mark requirements (i.e., by taking
    bribes from local producers in lieu of their actual
    compliance with the new quality standards) and that he is
    deeply involved in corruption.

    ¶11. (C) In July 2009, Kosgey was publicly accused by his
    Assistant Minister Nderiti Mureithi (a member of Kibaki's
    Party of National Unity) of improperly firing three heads of
    parastatals (the Industrial Development Bank, the Kenya
    Industrial Research and Development Institute, and the Kenya
    Industrial Estates) without following proper procedures and
    without consulting the boards of directors of those
    companies. In an interview with national TV outlet NTV,
    Mureithi called Kosgey "a throwback to the dark days of the
    Moi era" and alleged that the three directors were
    unilaterally fired by Kosgey without any consultation and
    replacements selected by him without a transparent or
    competitive recruitment process as required by Kenyan law.
    Odinga ultimately had to intervene in the dispute and ordered
    that the directors remain in office until the correct
    procedures could be instituted to remove them.

    Negative impact on u.s. National interests

    ¶12. (S) Stability of Democratic Institutions and Impact on
    U.S. Businesses: Kosgey's involvement in inciting
    post-election violence in Rift Valley province directly
    contributed to the deaths and displacement of Kenyans and
    significantly undermined the stability and security of the
    region. Non-Kalenjin tea workers had to flee their jobs and
    the tea industry was hit hard by the disruption of production
    and interference with local transport routes. Displacements
    in the region also disrupted the planting and harvesting
    cycles and directly contributed to hunger and official
    involvement in speculation in the maize market. Kosgey's
    corrupt activities also have an adverse impact on U.S.
    national interests in promoting the reform agenda agreed upon
    in the Annan accord. Because he is an influential voice in
    the Kalenjin community, Kosgey's repeated public opposition
    to prosecution of perpetrators of violence, either locally or
    internationally, has contributed to undermining public
    confidence in the judiciary and will make it much more
    difficult to pursue accountability in these cases. His
    extensive illegally-acquired land holdings will motivate him
    to oppose meaningful land reform legislation when it comes up
    in parliament later this year. He is also likely to oppose
    reform-oriented land policy changes in a new constitution.
    His corrupt and unfair application of the quality mark
    program has had a direct discriminatory impact on importers
    and vendors of U.S. products in Kenya.

    ¶13. (C) U.S. Foreign Assistance Goals: Kosgey's diverse
    corruption activities over decades have negatively impacted
    U.S. foreign assistance goals in a number of ways. His
    continuing ownership of illegally transferred forestry lands,
    part of the greater Mau Forest which comprises Kenya's
    largest water catchment area, has contributed to ethnic
    conflict over land ownership in Rift Valley, and has also
    contributed to deforestation and resulting drought and hunger
    that currently plagues Kenya. Donors, including the United
    States, have had to provide billions of dollars in emergency
    food aid to Kenya over the last four years of chronic
    drought, even in areas of Rift Valley that were historically
    the most agriculturally productive regions of Kenya. His
    looting of public and private company assets undermine
    investor confidence, directly create job loss, and damage
    public confidence in the security of pension funds. Kosgey
    has repeatedly ignored government regulations for hiring and
    firing directors of parastatals and, through these actions,
    signals a profound disrespect for the rule of law which we
    are striving to promote.

    Additional information required for finding

    ¶14. (C) Kosgey has not been informed that he may be
    ineligible for a U.S. visa under section 212(f) of the INA
    and Proclamation 7750.

    ¶15. (C) Kosgey last traveled to the U.S. in November 2006. He
    applied for and was issued U.S. visas in 1997, 1999, 2003,
    2004, 2005, and 2006 (all G2 visas). His most recent
    application was for a G2 visa to attend a parliamentary forum
    at the UN General Assembly in New York. He was issued a G2
    multiple-entry, 3-month visa on November 2, 2006 in
    diplomatic passport D006890. He has not applied for a visa
    since 2006. As a sitting minister and member of parliament,
    he may intend to apply for a U.S. visa for either
    professional or personal travel. However, we do not have any
    clear indication that he intends to apply soon. He has two
    sons who have made forays into politics: Allan Kosgey, who is
    a co-director of the Tinderet Development Trust with his
    father, and youngest son Alex Kosgey, an aspiring MP.

    ¶16. (C) Since almost the beginning of his long political
    career, Kosgey has consistently availed himself of
    opportunities to enrich himself at the expense of the Kenyan
    taxpayer. His participation in official corruption led
    directly to the financial collapse of one parastatal, and he
    has also undermined stability and security in the Rift Valley
    by instigating and planning inter-ethnic violence before,
    during, and after the December 2007 elections. Post
    recommends that he be excluded for travel to the U.S. under
    section 212(f) of the INA and that no exception be granted.
    Ranneberger

`