US embassy cable - 06NAIROBI1393

KENYA AGREES TO TEMPORARY DETENTION OF SOMALI PIRATE SUSPECTS AWAITING REPATRIATION

Identifier: 06NAIROBI1393
Wikileaks: View 06NAIROBI1393 at Wikileaks.org
Origin: Embassy Nairobi
Created: 2006-03-29 14:59:00
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags: PREL MAAR PHSA SO KE
Redacted: This cable was not redacted by Wikileaks.
VZCZCXRO5872
OO RUEHDE
DE RUEHNR #1393 0881459
ZNR UUUUU ZZH
O 291459Z MAR 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0624
INFO RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0119
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 8361
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 4588
RUEHDJ/AMEMBASSY DJIBOUTI PRIORITY 4082
RUEHKM/AMEMBASSY KAMPALA PRIORITY 1276
RUEHDE/AMCONSUL DUBAI PRIORITY 0073
RHMFIUU/CDR USCENTCOM MACDILL AFB FL PRIORITY
RHMFISS/CJTF HOA  PRIORITY
UNCLAS NAIROBI 001393 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL, MAAR, PHSA, SO, KE 
SUBJECT: KENYA AGREES TO TEMPORARY DETENTION OF SOMALI 
PIRATE SUSPECTS AWAITING REPATRIATION 
 
REF: A. (A) NAIROBI 1381 
 
     B. (B) NAIROBI 1359 
     C. (C) STATE 46195 
 
1. (SBU) Juliet Gicheru, Acting Head of the Legal Division, 
Ministry of Foreign Affairs (MFA), confirmed to poloff March 
29 that Kenya consents to both the immediate transfer of 
Somali pirate suspects in Kenya and temporary detention of 
those suspects identified for repatriation to Somalia.  Post 
received a Note Verbale from the MFA dated March 29 
confirming Gicheru's remarks.  The text of the Note follows 
at para 3. 
 
2.  (SBU) COMMENT:  Kenya has given its express consent for 
the temporary detention of those suspects who will be 
repatriated to Somalia.  However, the Note is silent on the 
issue of temporary detention for those suspects who may 
subsequently be transferred to the U.S. for prosecution. 
Post plans to request clarification on this issue from the 
MFA via diplomatic note March 30.  Our sense is that Kenya's 
consent to the transfer and detention of the suspects 
represents its appreciation of USG efforts to combat Somali 
piracy in the region, which makes it likely that Kenya will 
not object to short-term detention prior to movement to the 
U.S.  However, given this rather gray area in Kenya's 
response, we should proceed with prudence.  Should it be 
determined that there will be a need to hold suspects in 
Kenya prior to transfer to the U.S., we should flag this 
issue for the Kenyan authorities at the earliest possible 
opportunity to ensure that such an arrangement fits within 
their understanding of their commitment.  END COMMENT. 
 
3. (U) Begin text: 
 
The Ministry of Foreign Affairs of the Republic of Kenya 
presents its compliments to the Embassy of the United States 
of America and has the honor to refer to the latter's Note 
dated 23 March, 2006, informing of an attack by suspected 
Somali pirates against US naval vessels and personnel, and of 
their subsequent capture on 18 March, 2006 in international 
waters off the coast of Somalia. 
 
The Ministry wishes to inform that the Government has 
considered the request, and has no objection to a specified 
number of armed and identified US officials on board a US 
aircraft landing in Kenya and immediately escorting the 
Somali suspects who would be arriving in US naval vessels 
around 28 March, 2006. 
 
The Ministry further informs that the Government has also 
accepted to keep custody of a few Somalis to be returned to 
their country after screening. 
 
The Ministry of Foreign Affairs of the Republic of Kenya 
avails itself of this opportunity to renew to the Embassy of 
the United States of America the assurances of its highest 
consideration. 
 
End Text. 
 
 
BELLAMY 

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