KENYA SEEKS USG AND UN ASSISTANCE IN DRUG

C O N F I D E N T I A L NAIROBI 000511 SIPDIS SIPDIS PRETORIA FOR DEA/WAGNER; THE HAGUE FOR DEA; BOGOTA FOR DEA; LONDON FOR DEA; JUSTICE FOR OPDAT, JUSTICE FOR ICITAP E.O. 12958: DECL: 02/03/2026 TAGS: SNAR PREL PINR KCRM PGOV ASEC KE UN SUBJECT: KENYA SEEKS USG AND UN ASSISTANCE IN DRUG DESTRUCTION REF: A. NAIROBI 157 ¶B. NAIROBI 72 ¶C. 04 NAIROBI 5341 Classified By: POL/Couns Michael J. Fitzpatrick. Reasons: 1.4 (B,C,D) ¶1. (C) SUMMARY: After months of inaction and mounting concern over the integrity of the one ton-plus of cocaine currently in police custody, the Kenyan government is now seeking outside assistance in the verification and disposal of the massive seizure. By formally asking the UN Office of Drugs and Crime and the DEA to participate in the drug's destruction, Kenya seeks to refute allegations that the drugs have been tampered with and to remove a bone of contention in its relations with the donor community. It also provides an opportunity for DEA to strengthen relations with law enforcement in Kenya. END SUMMARY. ¶2. (C) The Kenyan government formally requested USG assistance in the verification and destruction of the record one and quarter ton of cocaine seized in December 2004 (reftels) via "restricted" diplomatic note dated January 31. Minister for Foreign Affairs Raphael Tuju,s January 11 remarks to the Ambassador (ref A) indicating that Kenya would soon ask the United Nations Office for Drugs and Crime (UNODC) for assistance was formalized with the government spokesperson's January 29 announcement that such assistance had been sought. The January 31 diplomatic note states that Kenya has sought the assistance of the UNODC to "inspect, verify, and supervise" the destruction of the cocaine. The note also expressly invites the U.S. Drug Enforcement Authority (DEA) "to participate in the verification and destruction exercise along with the UNODC in accordance with the international best practices." ¶3. (C) Local and diplomatic concerns about possible trafficker infiltration of the government and fears that some of the seizure may be finding its way back onto the market (Ref B) gave rise to numerous USG offers to assist Kenyan law enforcement authorities with the verification and disposal of the massive cocaine haul. The delayed destruction of the cache has been the cause of growing concern regarding the integrity of the seizure and the officials charged with its safekeeping. Inviting the UNODC and the DEA to participate in the analysis of the seizure and its eventual destruction is Kenya,s attempt to refute the allegations that the seizure has been compromised and to resolve an issue of contention with Kenya's law enforcement (and donor) partners. (NOTE: The analysis and destruction is being planned despite an no apparent resolution of the conflicting legal provisions on analysis and destruction requirements for narcotics seizures which have hitherto hindered such an exercise. The current forward momentum again calls into question why the UNODC-drafted regulations (ref B),which would resolve the legal ambiguity of action, have yet to be implemented. END NOTE.) ¶4. (C) The Kenyan request for assistance, though long in coming, may now help allay suspicions about the seizure. But it should also serve to bolster the prestige of the DEA in Kenya and pave the way for greater cooperation with law enforcement authorities in the future. Post is in contact with DEA/Pretoria to facilitate the requested assistance in a timely manner. The verification and destruction is anticipated to take place as soon as DEA and UNODC can establish a common date, in coming days or weeks, with Kenyan authorities. BELLAMY