US embassy cable - 06NAIROBI526

KENYA ARRAIGNS U.S.-CAPTURED SOMALI PIRATES

Identifier: 06NAIROBI526
Wikileaks: View 06NAIROBI526 at Wikileaks.org
Origin: Embassy Nairobi
Created: 2006-02-06 11:50:00
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags: PHSA MOPS EAID ASEC PTER PREL SO KE
Redacted: This cable was not redacted by Wikileaks.
VZCZCXRO7134
OO RUEHROV
DE RUEHNR #0526 0371150
ZNR UUUUU ZZH
O 061150Z FEB 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9377
INFO RUCNIAD/IGAD COLLECTIVE PRIORITY
RUEHEG/AMEMBASSY CAIRO PRIORITY 3851
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0178
RUEKJCS/SECDEF WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RUENAAA/SECNAV WASHDC PRIORITY
RHRMAAE/SOCCENT FWD BAHRAIN PRIORITY
RHMFIUU/USSOCOM MACDILL AFB FL PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 6885
RUCQSOC/USCINCSOC MACDILL AFB FL PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL//J5// PRIORITY
RUCXONI/ONI WASHINGTON DC PRIORITY
RHRMDBA/MARCENT COORD ELEM BAHRAIN PRIORITY
RUCNFB/DIRFBI WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCJBBA/COMUSNAVCENT  PRIORITY
RHMFISS/CJTF HOA  PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
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 

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