US embassy cable - 05NAIROBI2515

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 002515 
 
SIPDIS 
 
E.O. 12958: DECL: 06/17/2015 
TAGS: PTER, ASEC, KE, SO 
SUBJECT: CHARGE MEETS WITH INTERNAL SECURITY PS GITUAI ON 
CT AND KIKAMBALA TRIALS 
 
 
Classified By: Jeffrey Culver, RSO, Reason 1.4 (B). 
 
1. (C) Summary. National Security Permanent Secretary (PS) 
Gituai and National Counterterrorism Center (NCTC) Director 
Gichangi confirmed in a June 16 meeting with the Charge' 
d'Affaires, a.i. (CDA) that a working committee in the Office 
of the President has been constituted to review the Joint 
Terrorism Task Force (JTTF) concept for Kenya. Gituai 
acknowledged that a favorable outcome of the Kikambala trial 
was never likely and that the Government of Kenya (GOK) 
lacked the investigative capacity and adequate legal 
provisions to secure convictions.  Gituai said that Kenya's 
restrictive Evidence Act was a particular hindrance, but had 
no knowledge of efforts to reform the act in Parliament.  The 
CDA stated that while the US government respected the 
decision of the judiciary, the defendants' release reflected 
a lack of coordination between the police and prosecutors. 
The CDA pointed out that the additional charges lodged 
against Omar Said Omar were the work of the now-suspended 
JTTF, proving that the JTTF concept is a positive way forward 
for Kenya.  Gituai expressed concerns that the biggest threat 
Kenya faces is the continuing instability in Somalia, despite 
the formation of a transitional government.  End summary. 
 
 2. (SBU) On June 16, CDA met with National Security 
Permanent Secretary Cyrus Gituai and NCTC Director Michael 
Gichangi to press US concerns regarding the GOK's progress on 
the formation of a JTTF in Kenya and to continue discussions 
on the outcome of the Kikambala murder and conspiracy trials. 
 The CDA was accompanied to the meeting by the Regional 
Security Officer (notetaker) and FBI Legal Attach'. 
 
 3. (C) Noting that a successful outcome of the Kikambala 
murder trial was never likely due to a lack of investigative 
capacity and legal provisions, PS Gituai claimed to be 
unaware that additional charges had been filed against one of 
the four defendants, Omar Said Omar, or that the charges were 
the result of investigative actions taken by the 
now-suspended JTTF, which had been trained by the Diplomatic 
Security Anti-Terrorism Assistance program.   NCTC Director 
Gichangi confirmed that additional charges had been filed 
against Omar, but acknowledged that it was unlikely that 
conspiracy charges (for the Kikambala attacks) against the 
three remaining suspects would stand.  When asked if there 
was any progress toward amending the Evidence Act in 
Parliament, Gituai claimed no knowledge and Gichangi replied 
only that it's on the calendar in Parliament. 
 
 4. (C) Turning to the GOK's counter-terrorism effort, the 
CDA pointed to the dismissal of murder charges against four 
of the Kikambala trial defendants as a lack of coordination 
between the police and prosecutors -- and that improvement is 
needed, not only on terrorism cases but on general crime and 
security matters as well.  When asked about the way forward 
for the JTTF in Kenya, Gichangi responded that an 
inter-ministerial working committee within the Office of the 
President has been convened to examine how the JTTF concept 
can best be incorporated into the existing government 
structure.  Gichangi said that, for legal reasons, the JTTF 
or its functions should be incorporated into the 
Anti-Terrorism Police Unit, which the GOK has set up 
specifically to deal with such issues.  The CDA emphasized 
that the need for a specialized task force to conduct 
terrorism-related investigations, which are increasingly 
complex and time consuming.  The CDA pointed to the fact that 
without that level of concentrated and coordinated effort, at 
least 50 viable leads from the Kikambala bombing had not yet 
been investigated by the Kenyan police. 
 
 5. (C) Gituai expressed concerns that the biggest threat 
Kenya faces is the continuing instability in Somalia, despite 
the formation of a transitional government.  He added that 
the GOK is providing continuing assistance and while the 
Somalis seem to be committed to maintaining a government, 
that country remains fertile ground for terrorist operations. 
 The CDA pointed out that the US Government has provided 
substantial border security training to Kenyan Department of 
Defense forces through the Embassy's military assistance 
program.  The CDA further highlighted the fact that since 
1999, the US Government has invested nearly $7.5 million in 
counter terrorism training and assistance to Kenya, but that 
future initiatives such as the renovation of the former Kenya 
Law School were being suspended until it is clear that Kenya 
is committed to developing a terrorism task force capability. 
 
 6. (C) Comment. We requested this meeting with Gituai as a 
follow-up to Ambassador Bellamy and British High Commissioner 
Clay's joint US-UK Demarche on Provincial Administrator and 
National Security Minister Michuki on May 20.  During 
yesterday's session, the CDA mentioned that the Ambassador 
intended to invite Minister Michuki to the United States for 
an official visit to meet with senior Department of State and 
Department of Justice officials to discuss mutual 
counter-terrorism and security concerns.  We remain 
cautiously optimistic that Michuki will continue with his 
earlier commitment to press key decision makers and establish 
a functioning JTTF in Kenya. 
ROWE