KENYA: 2005 INTERNATIONAL NARCOTICS CONTROL

UNCLAS NAIROBI 005094

SIPDIS

SIPDIS

JUSTICE FOR OIA, AFMLS, AND NDDS; TREASURY FOR FINCEN; DEA
FOR OILS AND OFFICE OF DIVERSION CONTROL; DEA/PRETORIA FOR
WAGNER; DEPT. FOR AF/EX FOR PRATT AND INL

E.O. 12958: N/A
TAGS: SNAR KCRM PTER KTFN EFIN KE
SUBJECT: KENYA: 2005 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT

REF: SECSTATE 209558


I. Summary

Kenya is a transit country for heroin and hashish, mostly
from Southwest Asia bound for Europe and North America.
Heroin transiting Kenya has markedly increased in quality in
recent years and is destined increasingly for North America,
even as the overall transit volume continued to decline.
Although the exact impact of this heroin on the U.S. market
is unclear, it is not believed to be significant. It is
believed that Kenya is becoming a transit country for cocaine
from South America bound for Europe. Cannabis/marijuana is
grown domestically and imported from neighboring countries
for the illegal domestic market. There is a small but
growing domestic heroin market.

Air passenger profiling, airport controls, and other
techniques have helped reduce airborne heroin shipments.
Interdiction of narcotics shipments by sea has been
unsuccessful as Kenya police lack the necessary
infrastructure, funding, or staffing for such an endeavor. A
program for profiling shipping containers is in effect, but
has had little success due to rampant corruption among
customs officials, police, and members of the judiciary. The
three year-old &national drug control master plan8 has not
moved forward since the cabinet turned the project over to an
inter-agency committee led by the solicitor-general.
Although government officials profess strong support for
anti-narcotics efforts, the overall program suffers from a
lack of resources and susceptibility to corruption, and
financial deficits hinder its intelligence collection
capabilities. Kenya is a party to the 1988 UN Drug
Convention and has enacted full implementing legislation.
End summary.

II. Status of Country

Kenya is a significant transit country and a minor producer
of narcotics. Heroin and hashish transiting Kenya, believed
to have a relatively small impact on the United States,
continued to see a decline from its 2001 peak. Kenya remains
a transit country for small quantities of cocaine and other
drugs destined for Southern African and Western European
consumers. In general, these drugs originate from outside of
Africa. It is believed that Kenya is becoming a transit
country for cocaine from South America bound for Europe.
Cannabis or marijuana is produced in commercial quantities
for the domestic market. There is no evidence of its impact
on the United States.

Kenya's sea and air transportation infrastructure, and the
network of commercial and family ties that link some Kenyans
to Southwest Asia, make Kenya a significant transit country
for Southwest Asian heroin. In 2000, officials noted a
dramatic shift from low-purity brown heroin to higher-purity
white heroin, and believe that the higher-purity product is
destined principally for the United States. This trend
continued in 2005. Although it is impossible to quantify
exactly, officials now believe that the United States is at
least as significant as Europe as a destination for heroin
transiting Kenya. In recent years, Kenya has been an
important transit point for Southwest Asian cannabis resin
(hashish),and police made several multi-ton hashish
seizures. However, hashish seizures have fallen off
dramatically since 2000 and the 2005 figures remain
relatively constant with figures for 2004. Cocaine seizures
have decreased significantly from the spike in 2004.

Kenya does not produce significant quantities of precursor
chemicals.

III. Country Actions Against Drugs

Policy Initiatives:
The 2001 &national drug control national plan8 continues to
languish within an inter-agency committee chaired by the
nation,s solicitor-general. Counter-narcotics agencies,
notably the Anti-Narcotic Unit (ANU) within the Kenyan Police
Service continues to depend on the 1994 Narcotics Act for
enforcement measures and interdiction guidelines. Most
believe that the eleven year-old Act is sufficient to sustain
current interdiction efforts, but note the Act,s major area
of weakness remains its capacity to combat money laundering.
The &national drug control master plan8 should it be
implemented, would provide for a senior civil servant donor
liaison who would co-ordinate a broad anti-narcotics effort,
to include a much-expanded public campaign aimed at
preventing drug use. Additionally, the plan summarizes

policies, defines priorities, and apportions responsibilities
for drug control to various agencies. In 2005, the
government of Kenya worked with the United Nations Office for
Drugs and Crime (UNODC) to develop new regulations on the
seizure, analysis, and disposal of narcotic drugs and
psychotropic substances, which have yet to be implemented.


The National Campaign Against Drug Abuse (NCADA) continues to
pursue its mandate, although the quasi-governmental
organization's budget remains negligible. Kenyan authorities
improved internal information sharing and operational
coordination between various government agencies, airlines,
and other entities over the course of 2005 to complement
regional cooperation efforts bolstered by the 2001 East
African Community protocol on combating drug trafficking. In
2001, Kenyan police officers observed cannabis eradication
operations in Uganda and participated in an exchange program
on airport counter-narcotics operations with their Tanzanian
and Ugandan counterparts. Bi-annual meetings between CID
national directors have further strengthened lessons learned
in training and exchange programs. ANU officers and the
NCADA have continued outreach programs to judges and
magistrates, conducting seminars on anti-narcotics law and
the seriousness of narcotics issues. ANU continued to
publicize its anti-drug message effectively through local
media and increased public awareness in cooperation with
NCADA through lectures aimed at a range of students from
primary schools through universities and members of local
civic groups.

The ANU of the Kenyan police continues to cooperate well with
international and regional anti-narcotics officials. In
August, Kenya hosted the East Africa Police Chief Cooperation
Organization general meeting. This working group, composed
of ANU and Criminal Investigations Division (CID)
representatives from 10 East African countries in active
cooperation with Interpol, shares narcotics-related
intelligence, arrest data, and information on emerging trends
in order to enhance cross-border counter-narcotics efforts.

Kenya has no crop substitution or alternative development
initiatives for progressive elimination of the cultivation of
narcotics. The ANU remains the focus of Kenyan
anti-narcotics efforts.

Accomplishments:
The ANU has sustained a successful track record in sentencing
since beginning its program of judicial outreach in 2002. In
November, a Nigerian national was arrested at Jomo Kenyatta
International Airport and subsequently found to be smuggling
5.2 kilograms of cocaine. She was fined USD 1,068,500 and
sentenced to 15 years imprisonment. In 2004, another
Nigerian national was arrested at JKIA and found to be
smuggling 39 pellets of heroin. He was sentenced to eight
years imprisonment and charged $12,500 USD. Kenyan law
enforcement authorities destroyed 153,720 cannabis plants, a
nearly 14 fold increase over the previous year.

Many ANU officers have undergone training, much of it through
the UNODC and bilateral programs sponsored by the U.S.,
German, British, Japanese and other governments. The ANU and
the Kenyan Customs Service now have a cadre of officers
proficient in profiling and searching suspected drug couriers
and containers at airports and seaports. Profiling has
yielded good results, albeit generally for couriers and not
major traffickers, and the success rate over the past few
years has forced traffickers to seek viable land routes
through Kenya rather than a sole dependence on JKIA. Seaport
profiling has proven difficult. Despite the official
estimate that eighty percent of the narcotics trafficking
through Kenya originates on international sea vessels,
personnel turnover at the ports is high and corruption
rampant. Resource and staffing inadequacies undercut the
sustainability of most training programs, undermining their
effectiveness and impact. A high degree of corruption
continues to thwart the success of long-term port security
training. The ANU has trained officers in maritime narcotics
interdiction, however, the ANU does not possess any boats
with which to conduct such programming. The ANU has built
its surveillance capabilities and has capitalized on the
information yielded from increasingly sophisticated
operations. Inadequate resources, a problem throughout the
Kenyan police force, significantly reduces the ANU's
operational effectiveness.

The ANU cooperates with the United States and other nations
on anti-narcotics investigations and other operations. The
ANU continues to pass information to Interpol and the U.S.

Drug Enforcement Agency based in Pretoria. The NCADA
continues to pursue demand reduction efforts via national
public education programs on drug abuse.

The Kenyan government (through customs and the criminal
investigations department of the Kenyan police service) is
collaborating with UNODC in setting up a drug law enforcement
program targeting key entry points of drugs into the East
African region. This program compliments another UNODC
program focusing on developing drug control capacity in the
port of Mombasa.

Law Enforcement:
Kenya seized 30 kilograms of heroin in 2005, nearly a twenty
percent decrease from the quantities seized in 2004 (all
statistics on drug seizures in this section reflect the
period from January to November 2005 as provided by the ANU)
and arrested 103 people on heroin-related charges. Officials
report a continued shift to higher-quality white heroin from
lower-quality brown heroin, and report that traffickers have
re-oriented much of the white heroin transiting Kenya for the
United States in hopes of a larger profit yield. Most
couriers arrested in Kenya conceal heroin by swallowing,
though some also hide it in their shoes, false-bottom
briefcases, and car engine parts. The ANU concentrates its
anti-heroin operations at Kenya's two main international
airports. Kenyan authorities seized 49,854 kilograms of
cannabis and its derivatives in 2005 and arrested 4,648
suspects. Officials believe Kenyan coastal waters and ports
are major transit points for the shipment of hashish from
Pakistan to Europe and North America. As in the previous
year, the ANU saw an increase in cannabis cultivation during
targeted raids in 2005, in which 153,720 plants were
destroyed.

Seizures of cocaine and arrests for cocaine trafficking
continued to be low. Kenya seized 5 kilograms of cocaine in
2005 and made 4 arrests. However, ANU intercepted the
largest cocaine shipment ever seized in Kenya in December

2004. Police seized two cocaine shipments totaling 954
kilos. The ANU speculates the drugs were destined for the
Netherlands. Cocaine seized in Kenya is believed to
originate from Brazil and Colombia; its abuse and local
vailability is not widespread. ANU officials investigating
the December 2004 seizure believe it highlights the fact that
traffickers are using Kenya as a "re-packing point" for drugs
destined to Europe and elsewhere. In this case, the drugs,
upon arrival in Nairobi through smaller courier deliveries,
are opened, re-packaged and wrapped in polythene papers
before being shipped abroad. One method transports the drugs
by road to the Port of Mombasa. Once the shipment has
arrived in Mombasa, the drugs are initially shipped out to
sea in small boats and then transferred to larger cargo
vessels.

The ANU continued to operate roadblocks for domestic drug
trafficking interdiction and is pursuing a variety of policy
initiatives for more effective coordination with other
government agencies. The ANU has launched an outreach effort
to persuade judges and magistrates of the seriousness of
anti-narcotics offenses and identify ways cases can be
handled more effectively. However, Kenya has yet to achieve
a successful prosecution stemming from the December 2004
cocaine seizures. Defendants accused of trafficking 295
kilograms of the 954 kg of cocaine seized were acquitted in
November due to lack of evidence. The magistrate presiding
over the case stated that the case was not adequately
investigated nor prosecuted and the state failed to comply
with sections of the Narcotics Drugs Act. Given the
lackluster performance of legal and law enforcement
authorities in the case, the magistrate questioned the
commitment of the Attorney General to combating drug
trafficking.

Corruption:
As a matter of government policy, Kenya does not encourage
nor facilitate the illicit production or distribution of
narcotic or psychotropic substances, or the laundering of
proceeds from illegal drug transactions. However, corruption
remains a significant barrier to effective narcotics
enforcement at both the prosecutorial and law enforcement
level. Police frequently complain that the courts are
ineffective in handling anti-narcotics cases, which is likely
a combination of corruption, misunderstanding of the law, and
simple judicial backlog. Despite Kenya's strict narcotics
laws that encompass most forms of narcotics-related
corruption, unconfirmed reports continue to be prevalent
linking public officials with narcotics trafficking in the
East African region. As in previous years, airport and

airline collusion and outright involvement with narcotics
traffickers continued to occur in the year covered by this
report. Corruption by law enforcement and customs officials
at seaports continues to hinder effective interdiction
efforts of narcotics shipments.

Agreements/Treaties:
Kenya is a party to the 1988 UN Drug Convention, which it
implemented in 1994 with the enactment of the Narcotic Drugs
and Psychotropic Substances Control Act. Kenya is also a
party to the 1961 UN Single Convention and its 1972 Protocol.
Kenya's National Assembly ratified the 1971 UN Convention on
Psychotropic Substances in 2000. The 1931 U.S.-U.K.
Extradition Treaty remains in force between the United States
and Kenya through a 1965 exchange of notes.

Under a 1991 Memorandum of Understanding (MOU),amended in
1996, the U.S. donated surveillance and computer equipment to
the ANU in 1997. The MOU also provides for sharing of
narcotics-related information. In 2002, the United States
secured an amendment to the MOU it signed with the Government
of Kenya in 2000 to provide increased assistance to the ANU.
This amendment allows the US to assist the ANU in improving
its airport interdiction efforts, coastline patrols, and to
combat corruption.

Kenya, Tanzania, and Uganda established a protocol to enhance
regional anti-narcotics cooperation in 2001.

Cultivation and Production:
A significant number of Kenyan farmers illegally grow
cannabis on a commercial basis for the domestic market.
Fairly large-scale cannabis cultivation occurs in the Lake
Victoria basin, in the central highlands around Mt. Kenya,
and along the coast. Foreign tourists export small amounts
of Kenyan marijuana. Officials continue to conduct aerial
surveys to identify significant cannabis-producing areas in
cooperation with the Kenya Wildlife Service. Aerial surveys
this year yielded large cannabis crops in several areas, of
which 153,720 plants were destroyed. INL did not provide
funding for the application of aerial herbicides in 2005, and
no aerial eradication efforts were undertaken.

Drug Flow and Transit:
Kenya is strategically located along a major transit route
between Southwest Asian producers of heroin and markets in
Europe and North America. Heroin normally transits Kenya by
air, carried by individual couriers, but as a result of
profiling measures and enhanced counter-narcotics efforts,
ANU officials believe traffickers are finding Jomo Kenyatta
International Airport (JKIA) an increasingly inconvenient
exit point for East African drugs. Increasingly, as most
major commercial carriers exiting East Africa frequently stop
in Nairobi before exiting the continent, traffickers prefer
land-routes to JKIA rather than expose their product to two
police check-points, one at the airport of origin and another
at JKIA. ANU officials continued to interrupt couriers
transiting newly created land-routes from Uganda and
Tanzania, where it is believed the drugs arrive via
air-routes. The increased use of land-routes demonstrates,
in the minds of ANU officials, that traffickers have noted
the increase in security and narcotics checks at JKIA. South
Asians and Africans remain active couriers, the majority of
whom are women. ANU continues to track an emerging trend of
Western and Eastern European heroin couriers transiting Kenya
to Europe and North America. Once in Kenya, heroin is
typically delivered to agents of West African, Kenyan, and
Ugandan crime syndicates.

The police continue to notice a shift in the quality of
trafficked heroin from low-purity brown heroin to high-purity
white. Officials also say that the shift from brown to white
heroin has been accompanied by a shift from the European to
the North American market. Officials attribute the
increasing amount of white heroin to increased processing
capabilities in Pakistan and Afghanistan and more
sophisticated and intricate use of sea-routes. There is
evidence that sea-routes are increasingly used for the
shipment of cocaine from South America to Kenya, and on to
European markets. There is also evidence that poor policing
along the East African coast makes this region attractive to
maritime smugglers. Kenya's neighbor Somalia has a long
coastline and no functioning government. Despite the fact
local, regional, and international anti-narcotics officials
have increased attention paid to the maritime transport of
narcotics, ANU interdiction capabilities remain nonexistent.
Kenya has no functioning maritime interdiction resources.
Six officers are assigned to the southern port of Mombasa for
profiling purposes only and the two officers who have been

trained in maritime interdiction have no watercraft from
which to operate. Postal and commercial courier services are
also used for narcotics shipments through Kenya.

In the past, Kenya has been a transit country for
methaqualone (mandrax) en route from India to South Africa.
While during the previous few years there had been no mandrax
seizures in Kenya, the 2004 arrest of an individual in
Nairobi carrying 5,000 tablets of mandrax raised concerns
that a new, clandestine mandrax factory may have resumed
operations in Kenya. However, total mandrax seizures for
2005 amounted to only 5 tablets.

Officials have never identified any clandestine airstrips in
Kenya used for drug deliveries and believe that no such
airstrips exist.

Domestic Programs:
While there are no reliable statistics on domestic
consumption of illicit narcotics, the National Campaign
Against Drug Abuse (NCADA) estimates that twenty-one percent
of 10 to 21 year olds use cannabis. Kenya has made some
progress in efforts to institute programs for demand
reduction. In addition to alcohol, illegal cannabs and
legal khat are the domestic drugs of choice. Heroin abuse is
limited generally to members of the economic elite and a
slightly broader range of users on the coast. Academics and
rehabilitation clinic staff argue that heroin use in Nairobi
and along the coast has grown eponentially since 2003.
Solvent abuse is widespread (and highly visible) among street
children in Nairobi and other urban centers.

Demand reduction efforts have largely been limited to
publicity campaigns sponsored by private donors and a UNODC
project to bring anti-drug education into the schools. The
NCADA continues to execute national public education
programs on drugs. Churches and non-governmental
organizations provide limited rehabilitation and treatment
programs for heroin addicts and solvent-addicted street
children. With the support of USAID, the Ministry of Health
is developing two rehabilitation and drug abuse treatment
facilities in Nairobi and Mombasa. UNODC is supporting a
youth network on drug demand reduction.

IV. US Policy Initiatives and Programs
U.S. Policy Initiatives:
The principal U.S. anti-narcotics objective in Kenya is to
interdict the flow of narcotics to the United States. We
seek to accomplish this objective through law enforcement
cooperation, the encouragement of a strong Kenyan government
commitment to narcotics interdiction, and strengthening
Kenyan anti-narcotics and overall judicial capabilities.

Bilateral Cooperation and Accomplishments:
There was a modest expansion of USG bilateral cooperation
with Kenya and surrounding countries on anti-narcotics
matters in 2005. Anti-narcotics training opportunities and
equipment offers have also been the hallmark of bilateral
assistance to the ANU. Previously, the U.S. provided the ANU
with computers and related equipment and has facilitated
several DEA courses. The United States remains active in the
Mini-Dublin Group, which has responsibility for coordinating
anti-narcotics assistance from several Western donors.
Additionally, the USG worked with the UNODC, the UK High
Commission, and the Government of Kenya to develop clear
guidelines for the seizure, analysis, and disposal of
narcotic drugs and psychotropic substances. If adopted, the
new regulations would remove current legal ambiguities which
have hindered successful prosecution of drug trafficking
cases. Additionally, the USG provided U.S. speaker
programming on drug abuse to raise public awareness of the
growing rates of heroin addiction in the coastal region.
USAID also provides support to projects to develop addiction
treatment services to heroin addicts in Nairobi and on the
Kenyan coast.

The Road Ahead:
The USG will continue to take advantage of its good relations
with Kenyan law enforcement to build professionalism,
operational capacity, and information sharing. As a regional
hub, Nairobi remains a key location for conducting regional
training and other regional initiatives and the USG will
actively seek ways to maximize anti-narcotics efforts both in
Kenya and throughout East Africa. Perhaps most
significantly, we will work with local, regional and
international partners to better understand and combat the
flow of international narcotics, particularly heroin, through
Kenya to the United States. We also plan to continue to
expand our public awareness outreach to assist demand

reduction efforts in Kenya.


V. Chemical Control
The production of precursor chemicals in Kenya is believed to
be minimal or non existent. Since 2000, UNODC has
implemented a project focusing on illicit drug control in
East Africa. Under this project, UNODC worked closely with
the Kenyan National Drug Regulatory Authority in establishing
a Precursor Control Steering Committee in 2005.
Additionally, UNODC provided assistance to the Kenyan
government to enhance Kenyan precursor control legislation to
conform with the three international narcotics control
conventions ratified by the government of Kenya.
BELLAMY