Identifier
Created
Classification
Origin
06NAIROBI1113
2006-03-10 12:17:00
CONFIDENTIAL
Embassy Nairobi
Cable title:  

ATTORNEY GENERAL CONCEDES NEED TO DESTROY COCAINE,

Tags:  SNAR PREL PINR KCRM PGOV ASEC KE UN 
pdf how-to read a cable
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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)

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