UP IN SMOKE: KENYA'S HISTORIC COCAINE HAUL FINALLY

UNCLAS NAIROBI 001560

SIPDIS

SIPDIS
SENSITIVE

LONDON AND PARIS FOR AFRICA WATCHERS, PRETORIA FOR
DEA/WAGNER AND BERTSCH, LONDON FOR DEA

E.O. 12958: N/A
TAGS: SNAR PREL PINR KCRM PGOV ASEC KE UN CO
SUBJECT: UP IN SMOKE: KENYA'S HISTORIC COCAINE HAUL FINALLY
DESTROYED

REF: A. NAIROBI 1473

B. NAIROBI 1363


1. (U) SUMMARY: Fifteen months after its initial seizure,
Kenya's record haul of cocaine was successfully destroyed
under joint Kenyan and international supervision on March 31.
Despite repeated and unsupported allegations that it had
been tampered with, preliminary verification and testing
indicated that the 1.25 ton seizure remained intact while in
Kenyan police custody. While the drugs' long-awaited
destruction removes a contentious issue for Kenya and should
be lauded as a success for Kenyan law enforcement
authorities, the international traffickers ultimately
responsible for bringing the drugs into Kenya have yet to be
identified or brought to justice. Evidence suggesting that
drug trafficking rings continue to operate in Kenya
underscores that this destruction -- as huge a victory as it
is -- is but part of a larger ongoing struggle against
organized crime and international trafficking. U.S. DEA and
UK counterparts' active participation in the verification and
destruction process -- for which post and the Government of
Kenya are extremely grateful -- also provides the basis now
for expanded and closer counternarcotics cooperation. END
SUMMARY.

Controversial Cocaine Finally Destroyed
=======================================

2. (U) Nairobi's Chief Magistrate Aggrey Muchelule, the
presiding magistrate in the ongoing cocaine trafficking case
(reftels),ordered on March 31 the immediate destruction of
the 2500-pound cocaine seizure. The commencement of the
incineration of the drugs took place under the watchful gaze
of court officials, defendants in the ongoing drug case, law
enforcement authorities, foreign dignitaries, and the
domestic and international press on the same day. The
international team of experts, comprised of Kenyan, U.S., UK,
and UNODC experts, inspected and opened the sealed
footlockers containing the 912 packets of cocaine. (NOTE: An
additional 42 packets, 21 from each of the Nairobi and
Malindi seizures, remain as evidence before the court in the
ongoing trial. END NOTE.)


3. (U) Just before issuing the order to "push the button" to
launch the incineration process, Muchelule asked the
international team whether the substance they would burn that
day is cocaine. Kenya's Deputy Government Chemist, Jane
Okado, confirmed that the tests performed on the substance
over the previous days confirmed the substance was cocaine.
While Okado declined to definitively state that the substance
in the foot lockers before the gathered crowd was in fact the
same substance upon which tests were performed, the inference
was clear. Gordon Adam, a UK team member, helpfully
confirmed to the magistrate that the tamperproof seals placed
on the containers by the UK at the conclusion of the
verification process earlier in the week were indeed intact.
And the destruction began in earnest just after 10 a.m.


4. (U) After several hours of continuous use at extreme
temperatures, two explosions erupted from the larger of the
two side-by-side medical incinerators being used on the
grounds of the Kenyan Medical Research Institute (KEMRI).
Several hours of repairs were required, prolonging the
destruction exercise well beyond the anticipated
mid-afternoon conclusion. Close to midnight, and shortly
after the last packets were loaded into the incinerators, a
tired if elated Magistrate Muchelule reconvened the court
session on site and announced the destruction of the cocaine
complete. After court adjourned, and clean-up was conducted,
the international and Kenyan members of the team did not
depart the scene until almost 2 a.m., Saturday, April 1.


5. (SBU) The long-awaited verification and destruction of the
massive cocaine seizure concluded with preliminary results
indicating that the controversial seizure remained intact,
countering long-standing concerns that (all or part of) the

drugs may have been tampered with or stolen. Presumptive
tests performed on 100 percent of the seizure revealed the
presence of cocaine. Confirmation tests were then performed
on a random 20 percent of the seizure, which definitively
determined that the substance was in fact cocaine. GOK and
UK chemists also performed purity tests on selected samples,
while other samples were sent to the U.S. for DEA signature
analysis to narrow, if possible, the origins of the cocaine.
Once finally begun, the operation was largely successful due
to the excellent technical cooperation among the
international and Kenyan experts and government of Kenya
officials. Within hours of beginning their work (on Sunday,
March 26),the experts agreed to testing methodologies,
protocols, and a cohesive plan of action. They then worked
day and night to ensure the methods used were in line with
all Kenyan legal requirements, in keeping with international
best practices and to remove any doubts in the court of
Kenyan public opinion as to what was actually destroyed.

More Blows Need to be Dealt to Traffickers
==========================================

6. (SBU) But since this cocaine seizure was proven intact,
where then is the other cocaine in Kenya coming from? There
have been repeated seizures of small consignments (up to 5
kilos each) of cocaine at UK airports from Kenyan Airways
flights -- so many that the airline has acquired its own
drug-sniffing team of dogs and handlers. The street price of
cocaine in Kenya has fallen dramatically; UK agents say the
price has dropped from more than USD 20,000 per kilo to USD
2,000-4,000 per kilo in the past year in Mombasa. Kenyan
religious and community leaders speak of dramatically
increased domestic use rates of both heroin and cocaine in
the past several years. Nor has the Kenyan Government yet
produced a successful prosecution of anyone in connection to
trafficking the shipment. Seven defendants charged in
connection to the drugs were acquitted in late 2005. The six
remaining defendants (George Stanley Wango, Estella Duminga,
Angello Ricci, Railton Muthungu, David Mugo Kiragu, and Davis
Gachago) facing trafficking charges related to the cocaine
are to wind down their defense in coming days. And none of
them have been connected in court to its importation from
South America. One can only conclude that well-organized
international traffickers remain in business.


7. (SBU) Muchelule rejected on March 4 the admission into
evidence of a confidential letter from the state prosecutor
to his then-superior (dated almost one year ago) indicating
that the evidence was insufficient to convict Ms. Duminga,
Mr. Ricci, and a third individual, Jivanali Thanki, of the
trafficking charges. (While initially charged with the other
six defendants, Thanki has since been acquitted.) The
individuals behind the trafficking network or those who
facilitated the transit of cocaine through Kenya have yet to
be identified. COMMENT: To post's knowledge, prosecutors
never entered into evidence any indication as to just where
the drugs originated or the route taken before arriving in
Kenya. While the successful destruction of the cocaine is
indeed a major step in the right direction, this is no time
for Kenya to rest on its laurels. Authorities should
capitalize on this success to bring those behind the drug
trafficking networks to justice. END COMMENT.

Thank You
=========

8. (U) Post wishes to acknowledge the tremendous efforts of
the team of international experts, without whose help the
long-awaited verification and disposal of the largest-ever
cocaine seizure in Africa would never have been made
possible. Their tireless efforts, expertise, creativity and
patience produced a model for future inter-governmental
cooperation. Post is deeply indebted to: Mark Bertsch, U.S.
Drug Enforcement Agency, Pretoria; David Morello, U.S. Drug
Enforcement Agency; Enrique Pinero, U.S. Drug Enforcement
Agency; Laura Jones, U.S. Drug Enforcement Agency; Mark
Harding, U.K. Drug Liaison Officer, Nairobi; Gordon Adam,

U.K. Liaison Officer, HM Customs and Excise; William Folkard,
U.K. Forensics Science Service; and, Carsten Hytell, Regional
Representative (Nairobi),United Nations Office on Drugs and
Crime. At post, representatives from the Regional Security
Office, Political, Department of Justice, and the Federal
Bureau of Investigation all played supporting roles in
ensuring a successful outcome.
BELLAMY