POLICE ENGAGE MUNGIKI CRIMINAL ORGANIZATION IN

C O N F I D E N T I A L NAIROBI 002405

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/07/2027
TAGS: PREL PGOV PHUM ASEC KE
SUBJECT: POLICE ENGAGE MUNGIKI CRIMINAL ORGANIZATION IN
INCREASINGLY BLOODY BATTLE

REF: A. NAIROBI 2241

B. NAIROBI 2215

C. 06 NAIROBI 5112

Classified By: Political Counselor Larry Andre for reasons 1.4 (b,d).


1. (SBU) SUMMARY: Following through on its pledge to destroy
the Mungiki criminal organization, the Government of Kenya
deployed hundreds of police to Nairobi's Mathare slum this
week. Security forces conducted a series of operations to
round up suspects. At least 18 people died during the
operation. While the Mission is concerned by allegations of
indiscriminate and excessive use of force by police, it is
important to encourage appropriate law enforcement against
the Mungiki, a brutal criminal organization which has killed
police officers and vowed to murder more. The Ambassador
plans to raise this issue with President Kibaki tomorrow,
June 9. END SUMMARY.

Violence Escalates in Nairobi Slum
--------------


2. (SBU) Overnight Tuesday June 5, hundreds of police
entered the Mathare slum (which has previously been the site
of bloody conflict, ref C) in response to the murder there
Monday night of two police officers, allegedly by Mungiki
members, an ethnic Kikuyu criminal organization (ref B).
According to media reports, the police searched the slum for
Mungiki members, destroying property and shooting a reported
22 alleged Mungiki, but also arresting hundreds of suspects.
Police stated they were reacting not only to the murder of
their colleagues, but also to the Mungiki's violent
stranglehold on the slum, which included more reported
beheadings and dismemberment there this week. On Thursday
June 7, police again swept the slum, reportedly shooting dead
11 more people and arresting more than 250 suspects.


3. (SBU) A police official told the Mission that reported
figures were exaggerated; the total number of suspects killed
in both operations is 18. He also stated that in addition to
four guns, police recovered the two weapons belonging to the
murdered officers, as well as a pistol belonging to a third
missing police officer. Confirming reports that a skinned,
severed head was found in the slum, the official said police
believe it to be that of the missing officer. The police
informed the Mission that they expect the Mungiki to
retaliate, not just in Mathare, but in Nairobi slums and
other urban areas too. The officer noted that leaflets
describing an imminent Mungiki attack were distributed in the
Eastlands area of Nairobi on June 7. He said the police
would be ready for them, and were using intelligence obtained
from detained suspects.

Balancing Law Enforcement with Protection of Human Rights
-------------- --------------


4. (SBU) Enforcing the law and stopping Mungiki murder and
extortion requires decisive and effective action by police
under the rule of law. The Mission will approach senior
Government of Kenya officials to raise the following points,
which the Ambassador will also highlight during a meeting
with President Kibaki on June 9:

-- We condemn violent criminal organizations in general, and
the Mungiki in particular;

-- We urge the police to take an investigatory approach aimed
at gathering evidence to support the arrest, indictment and
successful prosecution of the Mungiki leadership, without
regard to political or other connections;

-- We urge the police to take resolute action within the rule
of law, including Kenya's relevant human rights statutes and
international conventions, to arrest and prosecute members of
violent criminal gangs that daily commit extortion and other
crimes against Kenyans. No slum or housing estate or public
transportation stand should be under the control of criminals;

-- We withhold judgment on events in Mathare this week until
all the facts are known. We note that indiscriminate
violence serves only to worsen the climate of insecurity
without producing sustained reduction in criminal activity;
and

-- We are concerned about the increasing climate of fear in
sections of Nairobi and Central Province.


5. (C) Human rights organizations, too, are wary of a
knee-jerk condemnation of the police operations. Police
action to address the Mungiki menace is very popular with the
public in Nairobi and Central Province who have long suffered
Mungiki depredations. Law Society of Kenya (LSK) Chairman
Eric Mogeni told poloff on June 8 that the LSK will approach
the government in private, encouraging it to enforce the rule
of law, but emphasizing the need to minimize death and injury
of innocent Kenyans. Bottom line for the LSK, however, is
that they are encouraged that the government is in fact
acting against Mungiki and therefore will not publicly speak
against the police. Nearly 10 police officers have been
killed by Mungiki, Mogeni added. In Mogeni's view, the
public, who are usually highly critical of the government's
"shoot to kill" policy, are reluctant to do so in this case.
Kenyans are fearful of Mungiki and want the government to do
what it must to stop the violence and end effective Mungiki
control over certain Nairobi slums, housing estates and
transportation, and wide swathes of Central Province.
RANNEBERGER