KENYA ARRAIGNS U.S.-CAPTURED SOMALI PIRATES

UNCLAS NAIROBI 000526 SIPDIS SENSITIVE SIPDIS LONDON AND PARIS FOR AFRICA WATCHERS E.O. 12958: N/A TAGS: PHSA MOPS EAID ASEC PTER PREL SO KE SUBJECT: KENYA ARRAIGNS U.S.-CAPTURED SOMALI PIRATES REF: A. NAIROBI 462 ¶B. NAIROBI 416 ¶1. (SBU) The government of Kenya formally announced its intent to prosecute the 10 Somali pirates captured by U.S. forces January 22 (reftels) via a diplomatic note dated February 1. The note stated that the government "is willing to prosecute the 10 alleged pirates." (MFA Diplomatic Note MFA.231/28A(136),dated 1 February 2006). The Kenyan government has also made public statements to the same effect. ¶2. (SBU) The 10 accused Somalis were arraigned on piracy charges under Section 69 of the Kenyan Penal Code in Mombasa on February 3, a charge to which all 10 defendants pleaded not guilty. According to the diplomatic note, piracy is a criminal offense in Kenya, "whether committed within territorial waters or in the high seas" and is punishable with life imprisonment. U.S. authorities provided the lead investigator in the case, Gabriel Mbuvi, with incriminating exhibits which included two rocket propelled grenade launchers, one AK-47, one pistol, a shipping and migratory map (dated 1990),a maritime survival guide (in French),cell phones, several rounds of ammunition and magazines, homemade knives, and an outboard engine. The defendants are currently being held at the Shimo La Tewa prison awaiting trial, scheduled to begin February 8. The Mombasa court seeks to obtain interpreters both for the Indian witnesses and the Somali defendants and the 10 defendants are seeking to retain legal counsel. The rescued Indian crewmen will be given priority to give testimony in the case, with no more than two to three witnesses per day, due to the need for interpretation. It is not clear when U.S. witnesses might be called before the court. BELLAMY