VZCZCXYZ0001
OO RUEHWEB

DE RUEHNR #0157/01 0121301
ZNY CCCCC ZZH
O 121301Z JAN 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8945
INFO RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 8130
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 4400
RUEHDJ/AMEMBASSY DJIBOUTI PRIORITY 3925
RUEHKM/AMEMBASSY KAMPALA PRIORITY 1069
RUEHLO/AMEMBASSY LONDON PRIORITY 1831
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0920
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHNA/DEA HQS WASHDC PRIORITY
RHMFISS/CJTF HOA  PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 6871
RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEHUNV/USMISSION UNVIE VIENNA PRIORITY

C O N F I D E N T I A L NAIROBI 000157 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR DS/ATA; STATE FOR USAID 
 
E.O. 12958: DECL: 01/12/2031 
TAGS: PREL PTER SNAR EAID ASEC MASS KCOR KE
SUBJECT: FOREIGN MINISTER TUJU COMMITS ON ISSUES OF U.S. 
CONCERN 
 
REF: A. 05 NAIROBI 5240 
 
     ¶B. NAIROBI 72 
 
Classified By: POL/C Michael J. Fitzpatrick; Reasons: 1.4 (B, D) 
 
¶1.  (C) SUMMARY: Foreign Minister Tuju told Ambassador 
January 11 that Kenya will now proceed, in coordination with 
the U.S. and UK governments, with the prompt establishment of 
the long-stalled Joint Terrorism Task Force. Given the 
government's multiple and unfulfilled previous pledges, Tuju 
set a two-week deadline for clear evidence of progress. Tuju 
also proposed UN-supervised inspection, analysis and 
destruction of the ton of seized cocaine being warehoused by 
Kenyan authorities. The Ambassador briefed Tuju on U.S. 
public and private efforts to expand our drought and famine 
relief efforts, for which Tuju noted President Kibaki remains 
extremely grateful. END SUMMARY. 
 
¶2.  (U) Newly-installed Minister of Foreign Affairs Raphael 
Tuju invited the Ambassador to his office on the afternoon of 
January 11 to follow up on issues the Ambassador raised 
during their initial, December 20 meeting (Ref A). Also 
present were Ambassador Boaz Mbaya, Permanent Secretary for 
the Ministry for Foreign Affairs; Ambassador Magdalene J. 
Wambura, new Head of the Americas Desk; and, Daniel Tanui, 
Americas Desk First Secretary. PolCouns and Poloff 
(notetaker) accompanied the Ambassador. 
 
-------------------------- 
Reviving the stalled JTTF? 
-------------------------- 
 
¶3.  (C) Minister Tuju opened with, as he put it, the most 
crucial issue: achieving forward movement on the 
counter-terrorism agenda. Tuju stressed that 
counter-terrorism is a serious issue for Kenya (and for the 
continued health of its tourism industry). The Kenyan 
government, he said, needs to help Kenyans better understand 
that combating terrorism is a priority for Kenyan (and not 
merely U.S.) national security. He conveyed that he had 
spoken to the relevant authorities involved in the Joint 
Terrorism Task Force (JTTF), among them: Ambassador Francis 
Muthaura, Head of the Civil Service; Police Commissioner Ali; 
and Head of the National Counter-Terrorism Center, Michael 
Gichangi. (NOTE: Gichangi is known to be an opponent of the 
JTTF. END NOTE.) Tuju said they acknowledged that there are 
no substantive obstacles to proceeding with the task force; 
all agreed that Ambassador Mbaya should take the lead in 
moving the JTTF forward. (NOTE: Mbaya, who participated in 
Ambassador's previous JTTF discussions with President Kibaki, 
also sits on the National Security Advisory Committee. END 
NOTE.) Tuju dismissed the Ambassador's offer to revise the 
framework of the JTTF to meet any Kenyan concerns, noting 
that Kenyan authorities have no substantive objections to 
current framework of the task force. (The problems, he 
implied, were institutional and/or personal.) Tuju preferred 
to move swiftly to get the JTTF up and running as previously 
envisioned -- and approved by President Kibaki. Tuju sought 
confirmation that this approach (the JTTF) is supported by 
our counterparts in the U.K. High Commission. Demonstrating 
their commitment to advancing the counter-terrorism agenda, 
Tuju and Mbaya imposed a two-week deadline within which 
progress (in some form or another) on re-invigorating the 
JTTF shall be made. Tuju also sought (and received) 
assurances that the U.S. and Kenyan authorities would also 
continue to coordinate the JTTF with the UK High Commission. 
 
 
--------------------------------------------- -- 
Kenya to Work With UNODC on the Cocaine Seizure 
--------------------------------------------- -- 
 
¶4.  (C) Tuju next addressed the December 2004 seizure of the 
record 1.1 tons of cocaine. Tuju reiterated his previous 
concerns about the case and the handling of the seized 
narcotics (ref A). He stated that Kenya plans to invite the 
United Nations Office on Drugs and Crime (which has a 
resident Nairobi Office) to assist in the verification, 
 
inspection, and destruction of the mammoth drug haul. The 
Ambassador noted that such cooperation would significantly 
allay the fears of the donor community about the integrity of 
the seizure and the officials charged with its safekeeping. 
Tuju said threats of corruption (and intimidation) will exist 
as long as the drugs are not destroyed. 
 
¶5.  (C) Tuju spoke with the Attorney General regarding the 
status of legal tools to aid anti-drug trafficking efforts. 
He explained that the completed protocol to the Narcotic 
Drugs and Psychotropic Substances Regulations on seizure, 
analysis, and disposal, which has been with the Attorney 
General for several months, need only be gazetted by the 
Office of the President to enter into force. (NOTE: This 
protocol was drafted in coordination with UNODC, after heavy 
donor pressure. END NOTE.) This process, he suggested, would 
be significantly less onerous than the legislative steps we 
understood the protocol required for implementation; however, 
Tuju offered no explanation for the extensive delay in 
executing such a simple procedure or the prospects for a 
swift gazetting. The protocol would serve as a welcome tool 
in facilitating the investigation and prosecution of the 2004 
seizure. Tuju also commented on the lack of progress on the 
extradition from the Netherlands of a suspect implicated in 
the drug trafficking case and stated his intent to follow up 
with the Dutch Ambassador to pursue the matter further. 
 
------------------------ 
U.S. Assistance to Kenya 
------------------------ 
 
¶6.  (C) The Ambassador took the occasion to highlight the 
role of private U.S. organizations in providing assistance to 
Kenya. He cited the previous day's ceremonies, attended by 
President Kibaki, launching water projects throughout Kenya. 
The Ambassador explained that Living Water International, a 
U.S. NGO, was behind the projects and has been influential in 
gaining financial assistance to the region from the U.S. 
Congress. He explained that recently 20 million USD had been 
earmarked for additional water projects in East Africa.  Tuju 
relayed that the President had spoken very highly of his 
involvement in the launch ceremonies. (COMMENT: Indeed, 
Kenyan papers this week have trumpeted President Kibaki's 
high profile and effusive comments of thanks for U.S. 
support. END COMMENT.) The Ambassador also stated that the 
U.S. would shortly be announcing additional drought and 
famine relief assistance. Tuju indicated that the MFA would 
soon be formalizing the President's request for famine relief 
assistance and provide more details on specific needs. 
 
------- 
COMMENT 
------- 
 
¶7. (C) COMMENT: As the new Foreign Minister, Tuju is off to a 
galloping start. His efforts to re-start the derailed JTTF 
and to address concerns about the cocaine seizure are 
welcome, and demonstrate his influence and ability to bring 
issues to the fore. Indeed, Tuju's commitment begs the 
question as to why it was he, and not the Internal Security 
Minister, who now promises to deliver on the JTTF. But as 
both a former Minister of Tourism and a former Minister of 
Information, Tuju understands all too well that yet another 
al Qaeda attack in Kenya would have long-lasting negative 
consequences. (Indeed, the issue of the just-renewed Travel 
Warning, previously a perennial bone of contention, never 
came up.) Because we have heard their promises before, from 
President Kibaki on down, we remain skeptical of the 
government's commitment to the formation of a JTTF. Until we 
clearly see evidence that the Kenyans are indeed serious this 
time, we intend to continue with efforts at building the 
counterterrorism capabilities of the Anti-Terrorism Police 
Unit through the DS Anti-Terrorism Assistance (ATA) program. 
 
¶8. (C) COMMENT (Cont.): Minister Tuju also realizes that 
narco-corruption not only will give Kenya a black eye 
internationally but threaten democratic reforms and stability 
at home. The JTTF was stood down almost one year ago; since 
 
then, we have heard promises that proved to be nothing more 
than false starts. The challenge for us now is to capitalize 
quickly on Tuju's evident desire to improve bilateral 
relations (in the wake of his negligent predecessor). Any 
slowdown will provide internal political opponents -- and, in 
the cocaine case, officials threatened by closer scrutiny -- 
time to place obstacles in our path.  END COMMENT. 
BELLAMY