GOVERNMENT WANTS U.S. TO RECOGNIZE KENYA'S

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 005075

SIPDIS

LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 12/07/2025
TAGS: PTER ASEC PREL PGOV KE SO
SUBJECT: GOVERNMENT WANTS U.S. TO RECOGNIZE KENYA'S
PROGRESS ON SECURITY

REF: NAIROBI 5000

Classified By: Deputy Chief of Mission Leslie V. Rowe for reasons 1.4 (
b,d)


1. (C) SUMMARY: Kenya's lead official for Internal Security
beseeched visiting AF/E Deputy Director for the United States
to recognize the totality of security measures the government
had implemented, and not focus too sharply on reviving the
Joint Terrorism Task Force as a marker of Kenyan commitment
to countering terrorism. AF/E Deputy Director Malac and the
DCM underscored the need for Kenya to increase CT cooperation
with the US, and pressed Gituai on enacting counterterrorism
legislation and signing an Article 98 agreement, for both of
which the U.S. stands by ready to help. END SUMMARY.

SECURITY IS NOT JUST TERRORISM
--------------


2. (C) Visiting AF/E Deputy Director Deborah Malac and the
DCM called on Permanent Secretary for Provincial
Administration and Internal Security Cyrus Gituai and his
colleague, General Gichangi, Director of the Kenyan National
Counterterrorism Center, on December 6. Both men took strong
exception to any suggestion that their government needed to
demonstrate greater commitment to fighting terrorism,
repeatedly asking with which specific aspects the US is
concerned. "We've done a lot," Gituai explained, noting that
he considered security to be a concept inclusive of health,
nutrition, crime, and terrorism. He highlighted the
"mechanisms" the government had either implemented or
enhanced, such as the Anti-terrorism Police Unit (ATPU),the
Diplomatic Police, the Marine Police, and even the Kenya
Wildlife Service. General Gichangi noted the increased
professionalism and capacity of the security service,
including the immigration and airport safety systems, as
evidence of the government's commitment.

THE PROBLEM IS SOMALIA
--------------


3. (C) "Somalia is the biggest threat" to security in
Kenya, Gituai noted, lamenting the lack of a central
authority in Somalia with which to work. He highlighted the
flow of small arms and the very porous border Somalia shares
with Kenya, adding that Kenya could undertake any number of
measures internally, but without resolution in Somalia, the
threat would still exist. Echoing the view expressed by the
Foreign Ministry (reftel),Gituai stated that he would like
to see the US "more concerned." Deputy Director Malac noted
that the U.S. is reviewing its Somali policy, and anticipates
a greater degree of engagement on the issue.

KIKAMBALA: THAT WAS THEN
--------------


4. (C) Deputy Director Malac emphasized that incidents such
as the release of the Kikambala defendants raised questions
in Washington with respect to the degree of GOK focus on
terrorism. Gituai responded that the legal framework, at the
time, was "inadequate," while Gichangi characterized the
Kenyan security apparatus as "poor," adding that the country
had "come a long way" since Kikambala. Some of the resources
the government now has, such as the ATPU, were not available
previously.


5. (C) The DCM also pressed Gituai to include police
officials in future training programs for prosecutors, noting
the previously successful collaborative effort through the
Joint Terrorism Task Force (JTTF) that resulted in evidence
sufficient to re-arrest Omar Said Omar, one of the Kikambala
defendants. Reemphasizing the breadth of Kenya's commitment,
Gichangi urged the DCM and Deputy Director not to focus
solely on the JTTF, stating that it would not be a "panacea
to (Kenya's) capacity." Revisiting his earlier point, Gituai
remarked that because security includes more than terrorism,
the training should not have a single purpose.

DEMOCRACY GETS IN THE WAY
--------------


6. (C) Deputy Director Malac and the DCM emphasized the US'
desire to work with Kenya and provide support in whatever way
we can, while noting the prospect for some support to dry up
if Kenya does not sign an Article 98 agreement soon. Gituai
restated the difficulty that Kenya's blossoming "democratic
space" presented, adding that with too much pressure, and too
narrow a range of choices, his country could become
"uncomfortable." Speaking metaphorically, he explained that
a poor man's attitude is that "the money is not his anyway."
Referring to the JTTF, as well as CT legislation, Gichangi
commented that a non-Kenyan structure could not be imposed on
the "new Kenya" with its democratic space. The government
has to be careful, he continued (closely mirroring remarks
from the Foreign Ministry (reftel)),to make sure that its
Suppression of Terrorism bill does not appear to be someone
else's initiative. Gituai noted that the government had
rescheduled a postponed internal stakeholder's meeting for
early January to collaborate on drafting a law to submit to
parliament.


7. (C) COMMENT: Gituai's and Gichangi's protestations not
withstanding, the clear message in the meeting was that the
future of the JTTF is bleak, at least as long as they remain
in their positions. Despite how sterling the Kenyan record
would appear from the Permanent Secretary's account, lack of
political will remains a major stumbling block to our CT
initiatives with the government. As Gituai rightly noted, in
2003 the legislation to prosecute the seven Kikambala terror
suspects did not exist. Two years later, it still does not
-- a clear example of the government's lethargy on this
critical issue. END COMMENT.


8. (U) AF/E Deputy Director Deborah Malac has cleared this
message.
BELLAMY