KENYAN ATTORNEY GENERAL: "DON'T DOUBT OUR WILL ON

C O N F I D E N T I A L NAIROBI 004105 SIPDIS SIPDIS LONDON AND PARIS FOR AFRICA WATCHERS E.O. 12958: DECL: 09/19/2026 TAGS: PGOV KDEM PREL KCOR KE SUBJECT: KENYAN ATTORNEY GENERAL: "DON'T DOUBT OUR WILL ON CORRUPTION" Classified By: A/Political Counselor Craig White for reasons 1.4 (b,d) ¶1. (C) SUMMARY: Kenya Attorney General Amos Wako told the Ambassador on September 12 that the absence of prosecutions in major corruption cases was not for lack of will, but is a matter of capacity. The Ambassador made clear that the cloud of high-level corruption hangs heavy, shadowing some positive reform efforts in the ministries and civil service. While Wako maintained that his office had cleared the last of the procedural hurdles standing in the way of effective prosecution, the reality is that serious systemic inefficiencies in the judicial system remain, conspiring against success in prosecuting high-profile corruption cases. END SUMMARY. ¶2. (SBU) The Ambassador had his first meeting on September 12 with Kenyan Attorney General (AG) Amos Wako, who outlined challenges he faces in fighting corruption and the progress he is making despite the obstacles. The Ambassador highlighted as an example of the U.S.-Kenya partnership the extensive cooperation between the AG's office and its Department of Public Prosecutions (DPP),and the Mission's Department of Justice Resident Legal Advisor (DOJ RLA) and USAID Democracy and Governance Office. Among the areas of collaboration are the RLA-hosted workshop to support Kenyan development of plea bargaining legislation, joint efforts to professionalize the DPP, the prosecution of Somali pirates, and the development of a prosecutors' training curriculum. Wako welcomed the importance of the U.S.-Kenya partnership, acknowledging the broad range of on-going cooperative activities. Blame the System, Not Me -------------- ¶3. (C) The Ambassador emphasized the need for results on grand-scale corruption, against which there has been plenty of rhetoric, but little in terms of prosecution. "Historically, shoddy prosecutors, shoddy investigations, and probably some corruption," were to blame, Wako said, for the DPP's ineffectiveness in prosecuting high-level corruption cases. Corruption in the courts during the Moi era, he continued, allowed a wealthy man like Kamlesh Pattni, accused in the massive Goldenberg scandal, to keep moving his case from court to court, never facing the charges. ¶4. (C) The current NARC government is committed to rooting out corruption, but the donor community placed all its emphasis on the Kenya Anti-corruption Commission (KACC), ignoring the importance of a strong judicial system and prosecutors, Wako asserted. The KACC is able to offer much higher salaries, and has lured away DPP staff. (NOTE: The U.S. has not provided funding to the KACC since its independence was called into question with John Githongo's resignation, and the donor community provides little, if any. It is primarily the Government of Kenya, not donors, which has failed to invest resources in the DPP. END NOTE.) Wako argued that he and his DPP have also had to contend with gaping legal loopholes, exploited by high-priced lawyers, in particular the provision that allows an individual under prosecution to appeal to the constitutional court, effectively staying the case indefinitely. But We're Getting Somewhere Now -------------- ¶5. (C) Despite the challenges, Wako told the Ambassador, the AG's office and the Kenyan government are making progress in bringing Kenya's most corrupt to justice. Most significantly, as of early 2006, objection to prosecution on constitutional grounds no longer stays a case. This has rejuvenated a number of previously "blocked cases," including those of a number of high level former government officials who are now being prosecuted. In addition, Wako said, President Kibaki recently delivered a directive authorizing the AG to hire 26 new (professional, higher paid) prosecutors. Wako has brought on a special prosecutor for the Anglo Leasing case. The AG also presented the Ambassador with a thick dossier of all cases referred to him from the KACC from January 2005 through June 2006. "I have taken action on 100 percent of them," he announced. Wako explained that he intends to appeal the court ruling exonerating former Vice President George Saitoti in the Goldenberg scam. "If I didn't have the will," he said, "I would have just accepted the decision." Legislation: Money Laundering and Trafficking -------------- ¶6. (SBU) Updating the Ambassador on two pieces of legislation of particular interest to the U.S., Wako reported that a money laundering bill is "ready." In addition to finalizing the draft bill, a number of complementary amendments to existing legislation were needed, as well. Both halves of this key law are now prepared and Wako expects the Treasury to submit the bill to him shortly, before it goes to Parliament. Anti-trafficking in persons legislation is still a way off, Wako said. A prominent children's rights NGO has produced a draft law, but it is the Ministry of Home Affairs which has responsibility for bringing it forward. COMMENT -------------- ¶7. (C) Wako talks a good game, but the jury is still out regarding his true intentions and determination to bring cases to conclusion. Some barriers to prosecution are orchestrated - put up by moneyed subjects of investigation bribing their way to indeterminate case delay - and others are systemic - symptoms of a judicial system riddled with loopholes, particularly for the powerful. Still other barriers to effective prosecution include lack of resources and capacity. The Mission will continue to provide support to strengthen the DPP's ability to professionally prosecute criminal cases, with an emphasis on terrorism and corruption-related issues. The Mission will continue to press for decisive action against corruption as a high priority. END COMMENT. RANNEBERGER