INTERNATIONAL DRUG TRAFFICKING RING ENJOYS IMPUNITY IN KENYA
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*
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 HassanAbdillahi, 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 theshipment sized in the Netherlands. (XXXXXXXXXXXX) Accordingto 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
About the Author
Impunity has worsened in all Government sectors during Kibaki’s rule and Raila is just playing along. Look at the number of ministers suspected for grand corruption or suspended in the Coalition so far, then you will know the two Principals condone the act.
Kenya ‘s Kleptocrats
The US Embassy in Nairobi has long been monitoring the Kenyan kleptocrats — particularly given the central role that Kenya plays in African politics. Those on the take in the government often trigger famines and instigate unrest, which then must be mitigated with Western aid money. As such, diplomats have drawn up a list of the worst offenders. Fifteen high-ranking Kenyan officials have been banned from entering the US.
During the 24 years that Daniel arap Moi was president of Kenya, between 1978 and 2002, the entire body politic was gripped by a system of personal enrichment and corruption. Despite the fact that dozens of investigative commissions have thrown light on hundreds of cases of corruption, not a single minister has ever been convicted.
In the early 1990s, for example, as part of the so-called “Goldenberg Scandal,” the Kenyan government paid export subsidies to Goldenberg International and other companies for gold that was supposedly slated for export. In truth, however, the Goldenberg funds were ultimately used to finance three election campaigns, causing losses estimated at between €400 million and €3 billion. Another pilfering of state coffers came with the so-called “Anglo-Leasing Scandal,” a package of crooked and shady transactions that were also used to stuff private pockets — at a cost to the country of hundreds of millions.
A Corrupt Top Cop
Amos Wako, Kenya’s attorney general for the last 19 years, makes an appearance on America’s black list. According to US Embassy dispatches, Wako is largely responsible for the fact that no politician has ever been seriously taken to task for graft-related activities. Wako was originally appointed to the position by President Moi, but he held onto his office due to his excellent relationship with the country’s current president, Mwai Kibaki. And he shouldn’t expect much in the way of favors from the US.
In early September 2009, Ambassador Michael Ranneberger put together a dossier for the State Department on the Kenyan attorney general.
In the document classified as “secret” Ranneberger writes: “The Embassy strongly believes Mr. Amos Wako has engaged in and benefited from public corruption in his capacity as Attorney General for the past 18 years by interference with judicial and other public processes.” The reports shed light on a clear pattern whereby the Kenyan judiciary invariably sought to protect those who had embezzled public money.
Even following the unrest that afflicted Kenya in early 2008 in the immediate wake of the contested presidential election, which saw 1,300 people killed in battles between rival ethnicities and hundreds of thousands driven from their homes, it was business as usual for Wako: Not a single one of the masterminds was convicted of any wrongdoing.
According to a US dispatch on the matter: “One can find an Attorney General who has successfully maintained an almost perfect record of non-prosecution. He accomplishes this through the most complex of smoke and mirrors tactics, seeking to appear to desire prosecution while all along doing his utmost to protect the political elites.”
Other Top Officials on the Take
The US diplomats’ opinion of Aaron Ringera, Lumumba’s predecessor as head of the nation’s anti-corruption agency, is similarly scathing. In a dossier assembled by embassy workers on him on Sept. 16, 2009, it says that: “Under Ringera’s leadership, the Anti-Corruption Commission has actively participated in a system that works to discourage investigation, minimize the likelihood of prosecution, and throw out court cases that appear to have a chance of taking down senior government officials. Like the Attorney General, Ringera can claim a perfect record of not investigating and convicting a single Kenyan government official. This is a remarkable tally in a country that is consistently ranked among the most corrupt in the world.”
Yet another figure the Americans would like to see ushered off the political stage or put behind bars is Henry Kosgey, Kenya’s current minister of industrialization. Kosgey is a long-time veteran of Kenya’s political scene: He has held a seat in parliament on and off since 1987, he was head of Kenya’s national insurance company until it went bust on his watch, and he has held positions as the minister of science and technology and as the minister for education. At the moment, he is involved in a scandal involving imported cars.
The dispatch includes references to unsubstantiated accusations against him: “Kosgey is … 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…. By illegally appropriating KNAC’s most valuable assets, Kosgey reduced the company to an undercapitalized shell that ultimately collapsed…. 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.”
‘Participated in Incitement’
Yet another dispatch fingers Kosgey as one of the masterminds of the violent unrest following the 2007 presidential elections: The dispatch says that a report compiled on that violence “alleged that Kosgey participated in incitement, planning, and illegal financing of post-election violence in and around his rural constituency … in the Rift Valley province…. Many workers and their families … fled or were driven out of the area during the post-election violence.”
Kosgey has also reportedly cost the United States a great deal of money: “Kosgey’s diverse corruption activites over decades have negatively impacted US foreign assistance goals in a number of ways. His continuing ownership of illegally transferred forest lands, part of the greater Mau Forest which comprises Kenya’s largest water catchment area, has contributed to ethnic conflict over land ownership in the 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.”
Ministers like Kosgey and his ilk were long able to go about their business without much to worry about. That, though, looks as though it is changing. Lumumba says that he is currently pursuing investigations into four ministers and 45 other officials in semi-public office.
http://www.spiegel.de/international/world/0,1518,733824,00.html
Who is the former MP arrested in Holland ?
Police have failed to link five people named in Parliament over drug trafficking to the vice.
A preliminary report cites lack of sufficient evidence to prosecute the suspects — four MPs and a businessman.
However, it says drug trafficking is rampant in the country and recommends police be given more time and resources to arrest drug barons.
The revelation is contained in a 300-page report that was handed over to Police Commissioner Mathew Iteere on Friday.
The report says despite “efforts to conduct investigations, it proved elusive to secure substantive evidence with which to implicate, let alone prosecute any of the mentioned suspects”.
“It is not easy to get evidence to incriminate them, let alone that which may withstand the rigorous test in a court of law against the drug dealers,” the preliminary report says.
The detectives say informers were unwilling to record statements. This is because drug barons use their riches to protect themselves and no witness was willing to give evidence against them for fear of being killed, the report says.
http://www.nation.co.ke/News/Probe%20fails%20to%20link%20Kenyan%20MPs%20to%20drugs%20/-/1056/1098370/-/11hv1vx/-/index.html