ATTORNEY GENERAL CONCEDES NEED TO DESTROY COCAINE,

C O N F I D E N T I A L NAIROBI 001113 SIPDIS SIPDIS LONDON AND PARIS FOR AFRICA WATCHERS PRETORIA FOR DEA/WAGNER E.O. 12958: DECL: 03/10/2026 TAGS: SNAR PREL PINR KCRM PGOV ASEC KE UN SUBJECT: ATTORNEY GENERAL CONCEDES NEED TO DESTROY COCAINE, AND QUICKLY REF: A. NAIROBI 158 ¶B. NARIOBI 157 ¶C. NAIROBI 72 Classified By: Political Counselor Michael J. Fitzpatrick for reasons 1.4 (b,d) ¶1. (C) SUMMARY AND ACTION REQUEST: Kenya's Attorney General has agreed to international supervision of the verification and destruction of more than one ton of cocaine seized in December 2004. He predicted the two remaining hurdles -- publication of new regulations and the approval of the presiding judge -- would be obtained in coming days and suggested international teams be present as soon as the March ¶24. Foreign Minister Tuju subsequently called the Ambassador to request the experts begin work even earlier, before March ¶21. Please advise re availability of U.S. experts to assist in verification and destruction. END SUMMARY AND ACTION REQUEST. ¶2. (C) U.K. High Commission Adam Wood and the Ambassador met with Attorney General Amos Wako and the Director of Public Prosecutions (DPP) Kericho Tobiko March 10 to discuss again the cocaine stockpile (reftels). The meeting had been arranged with the intervention of the Minister for Foreign Affairs, Raphael Tuju, who had previously pledged to push the issue of the disposal of the stockpile. 3 (C) Under continuous, intense pressure from the U.S., the UK and others, Wako finally conceded in this meeting that the cocaine stockpile needs to be eliminated immediately. Wako presented us with new regulations, slated to come into effect next week, which would confer on him the authority for the verification of the stockpile before its destruction. ¶4. (C) The next step, Wako said, was for the DPP to present an application for the destruction of the stockpile to the presiding judge in the case. This is expected to take place next week, and Wako expects the judge to approve the application without delay. Wako requested that experts from the UK, U.S., and United Nations Office for Drugs and Crime come to Kenya as early as March 24 to participate in the verification, analysis, and destruction of the stockpile. ¶5. (C) Foreign Minister Tuju called Ambassador later March 10 to confirm Wako's scenario. He stated he and four other ministers had discussed this with the President. They would be monitoring closely to ensure publication and court approval occurs rapidly next week. They would also seek wide participation in the verification and destrucion process, including by the media and members of parliament. He said destruction needs to occur even more rapidly than Wako had suggested, however, and asked that it begin before March 21. (NOTE: Parliament resumes March 21. END NOTE.) ¶6. (C) COMMENT: We hope this is the breakthrough that we have been working for this past year. While Wako's scenario seems legally plausible to us, we are nevertheless concerned about the possibility of "extra-judicial" interference in the verification and destruction process. While internationally supervised disposition of the stockpile showing that it remained intact while in the government,s custody for the past 15 months, would be very positive news indeed, we are not sure that the stockpile is intact (and neither is Wako). That would be one reason for forces beyond Wako's control to seek to intervene in this process to prevent international verification. Even with this positive news, we doubt that the traffickers of the cocaine will ever be identified and brought to justice. END COMMENT. ¶7. (C) ACTION REQUEST: Given the tremendous efforts spent this past year to bring the Gvernment of Kenya to this position and the past assurances that U.S. assistance would be made available, it is imperative that we immediately identify personnel who could promptly come to Kenya to participate in this important exercise. NOTE: Post has already been in discussions today with DEA/Pretoria to jointly pursue a gameplan. Please advise ASAP. END ACTION REQUEST. BELLAMY