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### Viewing cable 06NAIROBI72, S) INTERNATIONAL DRUG TRAFFICKING RING ENJOYS

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
06NAIROBI72 | 2006-01-09 01:01 | 2010-12-08 21:09 | SECRET | Embassy Nairobi

`

    VZCZCXYZ0003
    OO RUEHWEB

    DE RUEHNR #0072/01 0090117
    ZNY SSSSS ZZH
    O 090117Z JAN 06
    FM AMEMBASSY NAIROBI
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 8822
    INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 0216
    RUEHLO/AMEMBASSY LONDON PRIORITY 1819
    RUEHSA/AMEMBASSY PRETORIA PRIORITY 7949
    RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0916
    RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
    RUEHNA/DEA HQS WASHDC PRIORITY
    RUCNFB/FBI WASHDC PRIORITY

` `

    S E C R E T NAIROBI 000072

    SIPDIS

    SIPDIS

    PRETORIA FOR DEA/WAGNER; THE HAGUE FOR DEA; BOGOTA FOR DEA;
    LONDON FOR DEA; JUSTICE FOR OPDAT, JUSTICE FOR ICITAP

    E.O. 12958: DECL: 01/06/2031
    TAGS: SNAR PREL PINR KCRM PGOV KE
    SUBJECT: (S) INTERNATIONAL DRUG TRAFFICKING RING ENJOYS
    IMPUNITY IN KENYA

    REF: A. 05 NAIROBI 2243
    ¶B. 04 NAIROBI 5341

    Classified By: POL/Couns Michael J. Fitzpatrick. Reasons:
    1.4 (B,C,D)

    ¶1. (S) SUMMARY: The absence of convictions in high-profile
    cocaine cases and the New Year's Eve murder of the lead
    police officer investigating drug trafficking through the
    Port of Mombasa (East Africa's regional maritime hub) amply
    demonstrate that international narcotics trafficking rings
    have made major inroads into Kenya, corrupting, bribing,
    intimidating and killing their way into position to operate
    with relative impunity. Little progress has been made in
    exposing those behind the shipment of, or providing political
    protection for, the record one ton-plus shipment of cocaine
    seized here in December 2004. The lackluster performance of
    legal and law enforcement authorities in the cases, the
    increasingly whispered fear that national politicos are
    providing protection for the ring, and now the murder of
    Officer Hassan Abdillahi, sharply undermine post's confidence
    that Kenyan authorities are serious about combating
    international narcotics trafficking. And despite continuing
    concerns of its possible diversion back onto the streets,
    Kenyan authorities are no closer to even deciding how or when
    to destroy that cocaine that actually has been seized. Post
    recommends it is time Washington turns up the heat. END
    SUMMARY.

    -----------------
    BUNGLING THE BUST
    -----------------

    ¶2. (S) The then-largest recorded seizure of cocaine in
    Africa occurred in Kenya in December 2004, with simultaneous
    seizures of containers -- totaling more than one ton of
    cocaine -- in Nairobi and the coastal town of Malindi. This
    followed the interception in the Netherlands of a related
    consignment of cocaine (of several hundred kilos) believed
    shipped from Kenya by seaborne container. Dutch authorities
    arrested several persons, including the son of a former
    Kenyan Member of Parliament (MP). Kenyan authorities
    separately arrested 12 Kenyans and 2 Italians and charged
    them with involvement of the various shipments seized by the
    Dutch or Kenyan authorities. (NOTE: Initial information
    provided to the Kenyan authorities by European partners
    indicated exactly where "several tons" of cocaine was to be
    found in Kenya. When the Kenyan authorities finally did move
    on the information more than one week later, several
    implicated had calmly departed the country, and only one ton
    was recovered. END NOTE.) In the year since then, there has
    been minimal progress in the investigation -- and much cause
    for concern.

    ¶3. (S) During a December 19 meeting with Emboffs,
    XXXXXXXXXXXX expressed a high level of frustration with the
    poor handling  of the investigation and prosecution by the Kenya Police Service and the Department of Public Prosecutions. Seven
    suspects stand accused of trafficking the cocaine seized
    December 2004 in both Malindi (837.5 Kg) and Nairobi (304
    Kg). Following months of mounting frustration with the
    prosecution,s failure to introduce the drugs into court as
    evidence (without which there is no case), Chief Magistrate
    Aggrey Muchelule had ordered the court to visit the warehouse
    where the drugs were stored. (NOTE: The drugs are
    technically under the court's jurisdiction, but were turned
    over to Police Commission Ali for safeguarding at a
    presumably secure, undisclosed location. One of the only
    three police officers said to have keys to the storage
    facility was murdered this year under highly suspicious
    circumstances; several of his immediate family members have
    since also been killed. The police balked at moving a ton of
    cocaine to the court -- or of having the court come to the
    "undisclosed" location. END NOTE.)

    ¶4. (C) But the Court finally had its way, and helicopters
    ferried the drugs to and from a neutral location for the
    Court to inspect. The Court's October visit (with press in
    tow), however, did little to allay concerns that the drug
    haul may have been tampered with or that the drugs were
    finding their way back into the market. (NOTE: The arrests
    of a continuing stream of Kenyan Airways employees at

    London's Heathrow Airport for smuggling cocaine on flights
    from Kenya points ominously at the latter. The most recent
    arrest occurred just this week. END NOTE.) Upon viewing the
    seizure, defense attorneys alleged discrepancies in the
    weight and color of the displayed packets from those
    originally seized. Despite U.S., UK and Dutch repeated
    offers to assist in the analysis and testing of the seized
    goods, and to help trace the network responsible for the
    shipment, Kenyan authorities have kept all foreign missions
    at arms' length. To date, only a small fraction of the
    seizure has been tested -- in private, by the Kenyan Police.
    Controversy remains surrounding the manner and timing of
    destruction of the drugs; neither the court nor the
    government has a plan to confirm that what is still being
    warehoused is cocaine (and not flour or some other
    substitute), much less a plan for publicly destroying the
    seized drugs. The court case is scheduled to resume before
    Magistrate Muchelule January 15, 2006.

    ¶5. (C) Kenya,s confused and conflicting legal provisions on
    the analysis requirements for narcotics seizures also hinder
    the investigation. As a result of U.S., UK and Dutch
    pressure, the Nairobi branch of the United Nations Office on
    Drug and Crime worked with the State Law Office and the
    Department of Public Prosecutions to develop a protocol to
    the Narcotic Drugs and Psychotropic Substances Regulations on
    the seizure, analysis, and disposal to facilitate the
    investigation and prosecution of these seizures. Drafted
    months ago, the protocol has yet to come into force. The
    Attorney General must still draft, and then table an
    amendment before Parliament, which must then vote a change in
    one of the governing laws before the AG can even issue
    regulations to implement the protocol. But Parliament has
    prorogued by the President (for unrelated reasons) until at
    least March ) too late to assist in the prosecution of at
    least one of the cocaine cases.

    -------------------------------------
    INCOMPETENCE? LACK OF WILL? OR WORSE?
    -------------------------------------
    ¶6. (S) In the first of the two cases being pursued in Kenya,
    seven suspects were acquitted November 18 of drug trafficking
    charges connected to the shipment of drugs originating from
    Kenya seized in the Netherlands. The presiding magistrate,
    Rose Ougo, sharply criticized the police and the prosecution
    for their failure to build a case connecting the Kenyan
    defendants with the drugs, or to even establish that the
    substance seized was a narcotic. Muchelule privately
    complained to Emboffs that Kenyan legal and law enforcement
    authorities did not liase with authorities in the Netherlands
    to even confirm that what was seized was cocaine. Nor, he
    said, do they cooperate in the Dutch investigation of the
    case. Ougo was reportedly enraged that evidence she
    understood had been collected was not presented in Court.
    (COMMENT: Though he did not say so explicitly, we took his
    comments to imply that both Muchelule and Ougo were aware of
    quiet rumors that Dutch phone records implicating Kenyan
    politicians with the traffickers, among other items, had been
    stripped out of the prosecutor's case file. END COMMENT.)
    Ougo, Muchelule said, had no choice but to dismiss the
    charges for lack of evidence. In her decision, the
    magistrate issued scathing statements accusing legal and law
    enforcement authorities of conducing shoddy investigations.
    The handling of the case was so deficient that the magistrate
    questioned the seriousness of the Attorney General,s
    commitment to combating drug trafficking. (Post is seeking a
    copy of Ougo's ruling, which has yet to be published.)

    ¶7. (S) XXXXXXXXXXXX decried to Poloff December 1 that the separation of  the two December 2004 cocaine cases was a
    ruse to prevent  successful investigation or prosecution. XXXXXXXXXXXX said the  move &buried8 evidence of an
    international trafficking ring  operating (with official sanction) i
     Kenya by denying the  authorities the ability to make a legal connection between  the cocaine seized in Kenya and the
    shipment sized in the  Netherlands. (XXXXXXXXXXXX) According
    to  XXXXXXXXXXXX, those being prosecuted now are mere scapegoats, while  the real guilty parties (including Christopher Murungaru, who  was Security Minister at the time of the initial seizure,  later moved to Transportation (which oversees the ports), and  only removed from the cabinet last November) enjoy impunity.

    --------------------------------------------- ---
    MURDER OF OFFICER INVESTIGATING DRUG TRAFFICKING
    --------------------------------------------- ---
    ¶8. (S) Further undermining confidence in the ability of law
    enforcement, Kenya Ports Authority District Criminal
    Investigations Officer (DCIO) Hassan Abdillahi was murdered
    this past December 31. Criminal Investigations Division
    (CID) Chief Joseph Kamau publicly stated that Abdillahi's
    murder may have been linked to his investigations into
    organized narcotics trafficking and related criminal activity
    through the Port of Mombasa. (He reportedly had been
    investigating the theft of 39 shipping containers from a
    secure port facility. Press reports allege that Interpol had
    tipped Abdillahi to the possible presence of another major
    cocaine shipment in the identified containers.) Abdillahi was
    perceived by a number of Embassy personnel as being deeply
    committed to tackling fraud and drug trafficking at the Port
    of Mombasa. However, a British diplomat revealed to
    PolCouns January 5 that Abdillahi might have had close ties
    to the late drug baron Ibrahim Akasha and his family. (NOTE:
    The Akasha family long controlled drugs (then mostly
    hashish, heroin, cannibis) along through Mombasa to Europe,
    with Kenyan police, judges and politicians all bought or
    intimidated. Akasha was gunned down in Amsterdam in May 2000.
    One of Akasha's sons was gunned down in 2002 in Mombasa. END
    NOTE.) Thus, goes this theory, with the Akasha family's
    wings clipped and now supplanted by upstarts, a falling out
    among thieves over control of the port could have been behind
    Abdillahi's aggressive investigations -- and his killing.
    Meanwhile, it is undisputed that cocaine consumption among
    Kenyan coastal youths has soared in the past several years.

    ¶9. (S) A number of suspects have been arrested for
    questioning about Abdillahi's death. Among them: four
    brothers of (known thug and rich-far-beyond-visible-means)
    Juja MP William Kabogo, who is also owner of a port container
    transshipment company. (One of those brothers arrested had
    been arrested the day before Abdillahi was killed, having
    been charged with the theft of the 39 suspect containers.)
    Curiously, the Chief of Inspections for CID avowed to Embassy
    Legal Attach January 4 that the police have little to no
    leads in the case. In a December 16 conversation with
    PolCouns, XXXXXXXXXXXX stated baldly that Mombasa CID had uncovered clear evidence of high-level political protection of corruption and drugs
    trafficking in the port. His CID sources, he said, were very
    nervous about digging further, fearing that it would get them
    killed. (XXXXXXXXXXXX.) Mandera Central MP (and Shadow Finance Minister)  Billow Kerrow publicly questioned the police,s ability to
    properly investigate the killing, alleging that members of
    the police themselves may have been behind the shooting, and
    called for international assistance to investigate the crime.
    Former DPP Murgor has made similar calls. The government
    has yet to comment publicly -- other than Police Commissioner
    Ali's urging the public not to speculate on any possible
    narcotics or corruption as being the motive for Abdillahi's
    murder.

    -------
    COMMENT
    -------
    ¶10. (S) COMMENT: The mishandling of the cocaine seizure
    cases and the brazen murder of the DCIO raise strong
    suspicions about the integrity of legal and law enforcement
    authorities to investigate or prosecute the case. (Indeed,
    simply shipping cocaine in multi-ton loads suggests: a) that
    this was not a virgin voyage, but one which employed a
    well-used route, and b) a route the shippers were comfortable
    was protected from interception.) Nor can one be assured
    that the seized drugs remain properly safeguarded. As long as
    the shipment remains undestroyed, pressure to resell it will
    only continue. As noted ref A, there have long been reasons to be concerned that high-ranking Kenyan government and/or
    police officials are either protecting those involved or are
    themselves involved in actual involvement in drug trafficking
    activities. (XXXXXXXXXXXX) Post presented a diplomatic note to the MFA
    January 6, renewing the offer of U.S. government assistance
    in investigating the December 2004 cocaine seizure case and
    offering to assist in the investigation of Abdillahi,s
    murder. Post recommends a letter (to be prepared by Post)
    from either INL A/S Patterson or DEA Administrator Tandy be
    sent to the Kenyan Attorney General, Minister of Internal
    Security and Police Commissioner, reiterating U.S. offers of
    assistance and pressing the Kenyans to invigorate their
    investigation efforts. Post also seeks to amend its previous
    submission for the annual INCSR. It is clear that only a
    combination of public and private pressure, well coordinated
    with our diplomatic allies, will move this government to even
    attempt to kick its increasingly dangerous drug habit.
    BELLAMY

`