KENYA: 2006 INTERNATIONAL NARCOTICS CONTROL AND

UNCLAS NAIROBI 004740 SIPDIS SIPDIS DEA PRETORIA FOR JEFF BREEDEN, DEPARTMENT FOR INL JOHN LYLE AND AF/E RACHEL MEYERS E.O. 12958: N/A TAGS: SNAR SUBJECT: KENYA: 2006 INTERNATIONAL NARCOTICS CONTROL AND STRATEGY REPORT REF: A. STATE 154898 ¶B. STATE 147534 ¶I. Summary ¶1. Kenya is significant transit country for cocaine and heroin bound for Europe, and, increasingly the United States. The seizure of more than one ton of cocaine in December 2004 raises concerns that international drug trafficking rings have made inroads in Kenya and may benefit from a climate of official corruption which allows them to operate with near impunity. Heroin and hashish transiting Kenya, mostly from Southwest Asia bound for Europe and North America, have markedly increased in quality in recent years and are destined increasingly for North America, even as the overall transit volume is believed to have declined. There is a growing domestic heroin and cocaine market and use of cannabis or marijuana is becoming more widespread, particularly on the coast and in Nairobi. Although government officials profess strong support for anti-narcotics efforts, the overall program suffers from a lack of resources and corruption at various levels. Kenya is a party to the 1988 UN Drug Convention. II. Status of Country ¶2. Kenya is a significant transit country for cocaine and heroin and a minor producer of cannabis. It is believed that Kenya is becoming an increasingly significant transit country for multi-ton shipments of cocaine from South America destined for European and African consumers; however, cocaine seizures have only modestly increased over 2005 following a dramatic spike in 2004. Kenya's sea and air transportation infrastructure, and the network of commercial and family ties that link some Kenyans to Southwest Asia, make Kenya a significant transit country for Southwest Asian heroin and hashish. Although it is impossible to quantify exactly, officials believe that the United States is at least as significant as Europe as a destination for heroin transiting Kenya. Cannabis or marijuana is produced in commercial quantities primarily for the domestic market (including use by some elements among the large number of tourists vacationing in Kenya). While it is believed that small quantities of cannabis may be bound for export, there is no evidence of its impact on the United States. ¶3. Kenya does not produce significant quantities of precursor chemicals. III. Country Actions Against Drugs ¶4. Policy Initiatives: Counter-narcotics agencies, notably the Anti-Narcotics Unit (ANU) within the Kenyan Police Service, continue to depend on the 1994 Narcotic Drugs and Psychotropic Substances Act for enforcement measures and interdiction guidelines. Revisions to the Narcotics Act on the seizure, analysis, and disposal of narcotic drugs and psychotropic substances drafted by the government of Kenya and the United Nations Office for Drugs and Crime (UNODC) in 2005 were finally implemented in March 2006, thus correcting the Act,s major weakness in its ambiguity and inconsistencies in the area of drug seizure, analysis, and disposal. ¶5. The National Agency for the Campaign Against Drug Abuse (NACADA),the quasi-governmental organization charged with combating drug abuse in Kenya, has recently undergone significant reform to its governing structures and mechanisms, including the appointment of a new director and the creation of a board of directors. These changes are widely viewed as improvements which will lead to enhanced efficacy in the pursuit of its mandate. NACADA is leading recent inter-agency efforts to develop a National Drug Control Strategy for Kenya. ¶6. In September, the 16th meeting of the Heads of National Drug Law Enforcement Agencies (HONLEA) in Africa was held in Nairobi. The HONLEA meeting brought together heads of law enforcement agencies from across Africa with representatives of international drug law enforcement agencies and UNODC experts. The heads shared information on illicit trafficking of cocaine in Africa, cannabis cultivation, and effective control of precursor chemicals. Although these countries meet annually to discuss relevant issues, it is unknown how effectively and enthusiastically they cooperate on a day-to-day basis. ¶7. Kenya has no crop substitution or alternative development initiatives for progressive elimination of the cultivation of narcotics. The ANU remains the focus of Kenyan anti-narcotics efforts. ¶8. As a result of UNODC and bilateral training programs, the ANU and the Kenyan Customs Service now have a cadre of officers proficient in profiling and searching suspected drug couriers and containers at airports and seaports. Airport profiling has yielded good results for couriers but not major traffickers. Seaport profiling has proven difficult. Despite the official estimate that a significant portion of the narcotics trafficked through Kenya originates on international sea vessels, ANU maritime interdiction capabilities remain virtually nonexistent. Personnel turnover at the ports is high and Kenya currently has limited maritime interdiction capability (see para 19). Corruption continues to thwart the success of long-term port security training. Lack of resources, a problem throughout the Kenyan police force, significantly reduces the ANU's operational effectiveness (see para 13). ¶9. Law Enforcement Efforts: Seizures of heroin and cannabis (and its derivatives) continued to decline from 2005 levels, while seizures of cocaine increased over 2005. Kenya seized almost 17 kilograms of heroin in 2006, a 14 kilogram decrease from the quantities seized in 2005 (all statistics on drug seizures in this section reflect the period from January to September 2006 as provided by the ANU),and arrested 76 people on heroin-related charges. The ANU concentrates its anti-heroin operations at Kenya's two main international airports. There was a sharp decrease in cannabis seizures for 2006. Kenyan authorities seized 5,144 kilograms of cannabis and its derivatives in 2006 and arrested 2,584 suspects, down from 50,844 kilograms seized in 2005. The ANU was unable to provide information on cannabis crop cultivation and eradication efforts in 2006 in time for inclusion in this report. The ANU continued to operate roadblocks for domestic drug trafficking interdiction and is pursuing a variety of policy initiatives for more effective coordination with other government agencies. Weak laws, an ineffective and inefficient criminal justice system and widespread corruption are the main impediments to an effective counter-narcotics strategy for Kenya. ¶10. Seizures of cocaine and arrests for cocaine trafficking increased. Kenya seized 23 kilograms of cocaine in 2006 and made 6 arrests, compared to 10 kilograms seized in 2005. Despite the high profile December 2004 record seizure of 1.1 tons of cocaine, Kenya has to date only achieved one successful prosecution related to the case. All but one of the seven defendants accused of trafficking the one-ton plus cocaine shipment seized in Malindi in 2004 were acquitted due to lack of evidence. One defendant, brother to another suspect held by Dutch authorities in connection to the case, was found guilty of drug trafficking in June and sentenced to thirty years imprisonment and fined approximately USD 274,000,000. He is the only suspect to be convicted in connection with the seized drugs. It is generally agreed that "smaller fish" were arrested in connection with the case, while the principal culprits responsible for trafficking the cocaine to Kenya remain at large. With the assistance of U.S., U.K., and UNODC experts, Kenya finally tested and destroyed the one-ton cocaine seizure in March of this year. Tests results allayed concerns that the integrity of the one ton cocaine seizure and those charged with its protection during its 15 months in GOK custody had been compromised. ¶11. Corruption: As a matter of government policy, Kenya does not encourage nor facilitate the illicit production or distribution of narcotic or psychotropic substances, or the laundering of proceeds from illegal drug transactions. However, official corruption remains a significant barrier to effective narcotics enforcement at both the prosecutorial and law enforcement level. Despite Kenya's strict narcotics laws that encompass most forms of narcotics-related corruption, reports continue to link public officials with narcotics trafficking. The December 2004 cocaine seizure has heightened public concern that international drug trafficking rings enjoy protection by high-level officials for their activities in Kenya. The failure to achieve significant success in the disruption of drug traffickers networks through arrest and prosecution of those responsible for trafficking the one ton of cocaine raises questions about the ability or willingness of legal and law enforcement authorities to combat drug trafficking (see para 10). The December 31, 2005 murder of the lead police officer investigating the theft of shipping containers, possibly in connection with a drug trafficking ring, illustrates the challenges facing authorities in interdicting drug trafficking through the Port of Mombasa. The murdered officer was killed after reportedly refusing substantial bribe offers. Eleven months on, his murder is still under investigation. As in previous years, airport and airline collusion and outright involvement with narcotics traffickers continued to occur in the year covered by this report. ¶12. Agreements and Treaties: Kenya is a party to the 1988 UN Drug Convention, which it implemented in 1994 with the enactment of the Narcotic Drugs and Psychotropic Substances Control Act. Kenya is also a party to the 1961 UN Single Convention and its 1972 Protocol. Kenya's National Assembly ratified the 1971 UN Convention on Psychotropic Substances in ¶2000. The 1931 U.S.-U.K. Extradition Treaty remains in force between the United States and Kenya through a 1965 exchange of notes. ¶13. Kenya, Tanzania, and Uganda established a protocol to enhance regional anti-narcotics cooperation in 2001. ¶14. Cultivation and Production: A significant number of Kenyan farmers illegally grow cannabis on a commercial basis for the domestic market. Fairly large-scale cannabis cultivation occurs in the Lake Victoria basin, in the central highlands around Mt. Kenya, and along the coast. Officials continue to conduct aerial surveys to identify significant cannabis-producing areas in cooperation with the Kenya Wildlife Service. However, according to ANU officials, farmers are increasingly savvy about how to shield their crops from aerial detection and difficult terrain hampers eradication efforts. The ANU was unable to provide statistics on the success of their crop eradication efforts in time for inclusion in this report. INL did not provide funding for the application of aerial herbicides in 2006, and no aerial eradication efforts were undertaken. ¶15. Drug Flow and Transit: Kenya is strategically located along a major transit route between Southwest Asian producers of heroin and markets in Europe and North America. (See para 2.) Heroin normally transits Kenya by air, carried by individual couriers. A string of cocaine and heroin seizures at Jomo Kenyatta International Airport (JKIA) this past spring (most from flights originating in West Africa) highlights the continuing drug trafficking problem in Kenya. While the arrests of mules may alert trafficking syndicates that enhanced profiling measures and counter-narcotics efforts make JKIA an increasingly inconvenient entry/exit point for drugs, the arrests have achieved little in the way of assisting authorities to identify the individuals behind the drug trafficking networks. ANU officials continued to intercept couriers transiting land routes from Uganda and Tanzania, where it is believed the drugs arrive via air routes. The increased use of land routes demonstrates, in the minds of ANU officials, that traffickers have noted the increase in security and narcotics checks at JKIA. Postal and commercial courier services are also used for narcotics shipments through Kenya. There is evidence that poor policing along the East African coast makes this region attractive to maritime smugglers (see para 2). ¶16. Officials have never identified any clandestine airstrips in Kenya used for drug deliveries and believe that no such airstrips exist. ¶17. Domestic Programs and Demand Reduction: The National Campaign Against Drug Abuse (NACADA) continues to combat drug abuse, although the quasi-governmental organization's budget remains negligible. Recognizing the dearth of reliable statistics on drug abuse in Kenyan, NACADA is developing plans to conduct a comprehensive survey of the problem in ¶2007. Kenya continues to make progress in efforts to institute programs for demand reduction. Illegal cannabis and legal khat are the domestic drugs of choice. Heroin abuse is generally limited to members of the economic elite and a slightly broader range of users on the coast. Academics and rehabilitation clinic staff argue that heroin use in Nairobi and along the coast has grown exponentially in the past few years. Cocaine use is also expanding in urban centers. Solvent abuse is widespread (and highly visible) among street children in Nairobi and other urban centers. Demand reduction efforts have largely been limited to publicity campaigns sponsored by private donors and a UNODC project to bring anti-drug education into the schools. NACADA continues to pursue demand reduction efforts via national public education programs on drug abuse. In 2006, NACADA provided e-training on drug awareness to school teachers throughout Kenya. Churches, mosques, and non-governmental organizations provide limited rehabilitation and treatment programs for heroin addicts and solvent-addicted street children. With the support of USAID, the Ministry of Health has developed two rehabilitation and drug abuse treatment facilities in Nairobi and Mombasa. IV. US Policy Initiatives and Programs ¶18. U.S. Policy Initiatives: The principal U.S. anti-narcotics objective in Kenya is to interdict the flow of narcotics to the United States. A related objective is to limit the corrosive effects of narcotics-related corruption in law enforcement, the judiciary, and political institutions, which has created an environment of impunity for well-connected traffickers. We seek to accomplish this objective through law enforcement cooperation, the encouragement of a strong Kenyan government commitment to narcotics interdiction, and strengthening Kenyan anti-narcotics and overall judicial capabilities. ¶19. Bilateral Cooperation and Accomplishments: There was a modest expansion of USG bilateral cooperation with Kenya and surrounding countries on anti-narcotics matters in 2006. The recent donation by ATA to the government of Kenya (GOK) of four boats (coupled with training) will enable GOK multi-agency shallow water patrols along Kenya's coastline, which should significantly improve the capacity of the GOK to patrol and secure Kenya's coastal waters and assist drug interdiction efforts on the coast. ATA is also assisting with building Kenya's capacity to patrol points of entry to and in the Port of Mombasa by providing training, refurbishing existing patrol boats, and providing two small new boats. USAID provides support to projects to develop addiction treatment services to heroin addicts in Nairobi and on the Kenyan coast. Additionally, a DOD-funded drug abuse awareness campaign raised public awareness of the growing rates of drug addiction in the coastal region. ¶20. The Road Ahead: The USG will continue to take advantage of its good relations with Kenyan law enforcement to build professionalism, operational capacity, and information sharing. USG will actively seek ways to maximize anti-narcotics efforts both in Kenya and throughout East Africa. Perhaps most significantly, we will work with local, regional, and international partners to better understand and combat the flow of international narcotics through Kenya. We also plan to continue to expand our public awareness outreach to assist demand reduction efforts in Kenya. ¶V. Chemical Control ¶21. The production of precursor chemicals in Kenya is believed to be minimal or nonexistent. Officials beleive that it is likely that some volume of precursor chemicals are imported and possibly transited through Kenya. However, volume estimates are unavailable, as Kenya does not yet have sufficient precursor chemicals control regulations in place. Since 2000, UNODC has implemented a project focusing on illicit drug control in East Africa. Under this project, UNODC worked closely with the Kenyan National Drug Regulatory Authority in establishing a Precursor Control Steering Committee in 2005. Additionally, UNODC provided assistance to the Kenyan government to enhance Kenyan precursor control legislation to conform with the three international narcotics control conventions ratified by the government of Kenya. However, like other legislative reforms, that draft legislation has not been submitted to Parliament, much less signed into law or implemented. It is unlikely to come under consideration in 2007. RANNEBERGER