Identifier
Created
Classification
Origin
06NAIROBI1393
2006-03-29 14:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Nairobi
Cable title:  

KENYA AGREES TO TEMPORARY DETENTION OF SOMALI

Tags:  PREL MAAR PHSA SO KE 
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VZCZCXRO5872
OO RUEHDE
DE RUEHNR #1393 0881459
ZNR UUUUU ZZH
O 291459Z MAR 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0624
INFO RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0119
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 8361
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 4588
RUEHDJ/AMEMBASSY DJIBOUTI PRIORITY 4082
RUEHKM/AMEMBASSY KAMPALA PRIORITY 1276
RUEHDE/AMCONSUL DUBAI PRIORITY 0073
RHMFIUU/CDR USCENTCOM MACDILL AFB FL PRIORITY
RHMFISS/CJTF HOA PRIORITY
UNCLAS NAIROBI 001393 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MAAR PHSA SO KE
SUBJECT: KENYA AGREES TO TEMPORARY DETENTION OF SOMALI
PIRATE SUSPECTS AWAITING REPATRIATION

REF: A. (A) NAIROBI 1381


B. (B) NAIROBI 1359

C. (C) STATE 46195

UNCLAS NAIROBI 001393

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MAAR PHSA SO KE
SUBJECT: KENYA AGREES TO TEMPORARY DETENTION OF SOMALI
PIRATE SUSPECTS AWAITING REPATRIATION

REF: A. (A) NAIROBI 1381


B. (B) NAIROBI 1359

C. (C) STATE 46195


1. (SBU) Juliet Gicheru, Acting Head of the Legal Division,
Ministry of Foreign Affairs (MFA),confirmed to poloff March
29 that Kenya consents to both the immediate transfer of
Somali pirate suspects in Kenya and temporary detention of
those suspects identified for repatriation to Somalia. Post
received a Note Verbale from the MFA dated March 29
confirming Gicheru's remarks. The text of the Note follows
at para 3.


2. (SBU) COMMENT: Kenya has given its express consent for
the temporary detention of those suspects who will be
repatriated to Somalia. However, the Note is silent on the
issue of temporary detention for those suspects who may
subsequently be transferred to the U.S. for prosecution.
Post plans to request clarification on this issue from the
MFA via diplomatic note March 30. Our sense is that Kenya's
consent to the transfer and detention of the suspects
represents its appreciation of USG efforts to combat Somali
piracy in the region, which makes it likely that Kenya will
not object to short-term detention prior to movement to the
U.S. However, given this rather gray area in Kenya's
response, we should proceed with prudence. Should it be
determined that there will be a need to hold suspects in
Kenya prior to transfer to the U.S., we should flag this
issue for the Kenyan authorities at the earliest possible
opportunity to ensure that such an arrangement fits within
their understanding of their commitment. END COMMENT.


3. (U) Begin text:

The Ministry of Foreign Affairs of the Republic of Kenya
presents its compliments to the Embassy of the United States
of America and has the honor to refer to the latter's Note
dated 23 March, 2006, informing of an attack by suspected
Somali pirates against US naval vessels and personnel, and of
their subsequent capture on 18 March, 2006 in international
waters off the coast of Somalia.

The Ministry wishes to inform that the Government has
considered the request, and has no objection to a specified
number of armed and identified US officials on board a US
aircraft landing in Kenya and immediately escorting the
Somali suspects who would be arriving in US naval vessels
around 28 March, 2006.

The Ministry further informs that the Government has also
accepted to keep custody of a few Somalis to be returned to
their country after screening.

The Ministry of Foreign Affairs of the Republic of Kenya
avails itself of this opportunity to renew to the Embassy of
the United States of America the assurances of its highest
consideration.

End Text.


BELLAMY