US embassy cable - 05NAIROBI2519

C O N F I D E N T I A L NAIROBI 002519 
 
SIPDIS 
 
E.O. 12958: DECL: 06/13/2015 
TAGS: PREL, PTER, PGOV, PHUM, KISL, ASEC, CASC, KE 
SUBJECT: TERRORISM TRIALS: SUGGESTED LETTER FROM SECRETARY 
TO FORMIN 
 
REF: A. A) NAIROBI 2409 
 
     B. B) NAIROBI 2071 
     C. C) NAIROBI 1947 
 
Classified By: Charge d'Affairs a.i. Leslie V. Rowe for reasons 1.4 (b, 
d) 
 
1. (C) In the wake of the June 9 ruling in the Kikambala 
murder trials reftels Post believes a display of high-level 
interest from Washington would be useful for advancing our 
counter-terrorism objectives in Kenya.  Post proposes that 
the Secretary send a letter to her counterpart, Foreign 
Minister Chirau Ali Mwakwere.  Following is a draft text of a 
letter for the Department's consideration. 
 
2. (SBU) BEGIN TEXT: 
 
Dear Minister Mwakwere: 
 
I have followed closely the developments and recent outcome 
of the murder trial linked to the 2002 Kikambala terror 
attacks.  Please express my heartfelt sympathy to victims of 
the attack and their families, as their desire for justice 
remains unfulfilled. 
 
The U.S. Government believes that all those guilty of 
planning or perpetrating acts of terror must one day be 
brought to justice.  The ruling in the murder trial suggests 
inadequacies in Kenya's ability to investigate and prosecute 
terrorism cases, and this has considerable impact on the 
country's future security. 
 
The Kikambala murder trial highlights areas that must be 
improved upon within Kenya's security, prosecutorial, and 
investigative services.  Moreover, it underscores the need 
for heightened inter-ministerial cooperation when undertaking 
the investigation and prosecution of terrorism.  For the sake 
of the victims of Kikambala, more must be done. 
 
We stand by Kenya in its efforts to further safeguard its 
national security.  The U.S. Government has already offered 
assistance in the anti-terrorism arena, most notably the 
US$10 million of support my government is providing to your 
Government's Joint Terrorism Task Force (JTTF), which was 
created to help address the critical issue of 
inter-ministerial cooperation. The United States of America 
is prepared to assist Kenya in preventing future attacks, as 
well as investigating and prosecuting successful or attempted 
acts of terrorism. 
 
As has been noted several times of late in the Kenyan media, 
the Kikambala murder trial also points out the need for 
appropriate legislation to cover acts of terrorism. As you 
are aware, Kenya has not yet fulfilled its international 
obligation under UNSCR 1373 and similar commitments to the 
Africa Union to ensure that terrorist acts are established as 
serious criminal offences in its domestic laws.  I urge you 
to use the momentum provided by the recent trial to quickly 
review the draft bill, seriously study inputs from 
knowledgeable civil society groups, and pass the appropriate 
legislation. 
 
Kenya remains one of our closest friends and allies on the 
African continent. We suffered together through the horrific 
events of 1998. I look forward to continuing our close 
cooperation in order to ensure that Kenya never again has to 
suffer from terrorism. 
 
(END TEXT) 
ROWE