US embassy cable - 05NAIROBI5075

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 005075 
 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: DECL: 12/07/2025 
TAGS: PTER, ASEC, PREL, PGOV, KE, SO 
SUBJECT: GOVERNMENT WANTS U.S. TO RECOGNIZE KENYA'S 
PROGRESS ON SECURITY 
 
REF: NAIROBI 5000 
 
Classified By: Deputy Chief of Mission Leslie V. Rowe for reasons 1.4 ( 
b,d) 
 
1.  (C) SUMMARY: Kenya's lead official for Internal Security 
beseeched visiting AF/E Deputy Director for the United States 
to recognize the totality of security measures the government 
had implemented, and not focus too sharply on reviving the 
Joint Terrorism Task Force as a marker of Kenyan commitment 
to countering terrorism.  AF/E Deputy Director Malac and the 
DCM underscored the need for Kenya to increase CT cooperation 
with the US, and pressed Gituai on enacting counterterrorism 
legislation and signing an Article 98 agreement, for both of 
which the U.S. stands by ready to help.  END SUMMARY. 
 
SECURITY IS NOT JUST TERRORISM 
------------------------------ 
 
2.  (C) Visiting AF/E Deputy Director Deborah Malac and the 
DCM called on Permanent Secretary for Provincial 
Administration and Internal Security Cyrus Gituai and his 
colleague, General Gichangi, Director of the Kenyan National 
Counterterrorism Center, on December 6.  Both men took strong 
exception to any suggestion that their government needed to 
demonstrate greater commitment to fighting terrorism, 
repeatedly asking with which specific aspects the US is 
concerned.  "We've done a lot," Gituai explained, noting that 
he considered security to be a concept inclusive of health, 
nutrition, crime, and terrorism.  He highlighted the 
"mechanisms" the government had either implemented or 
enhanced, such as the Anti-terrorism Police Unit (ATPU), the 
Diplomatic Police, the Marine Police, and even the Kenya 
Wildlife Service.  General Gichangi noted the increased 
professionalism and capacity of the security service, 
including the immigration and airport safety systems, as 
evidence of the government's commitment. 
 
THE PROBLEM IS SOMALIA 
---------------------- 
 
3.  (C)  "Somalia is the biggest threat" to security in 
Kenya, Gituai noted, lamenting the lack of a central 
authority in Somalia with which to work.  He highlighted the 
flow of small arms and the very porous border Somalia shares 
with Kenya, adding that Kenya could undertake any number of 
measures internally, but without resolution in Somalia, the 
threat would still exist.  Echoing the view expressed by the 
Foreign Ministry (reftel), Gituai stated that he would like 
to see the US "more concerned."  Deputy Director Malac noted 
that the U.S. is reviewing its Somali policy, and anticipates 
a greater degree of engagement on the issue. 
 
KIKAMBALA: THAT WAS THEN 
------------------------ 
 
4.  (C) Deputy Director Malac emphasized that incidents such 
as the release of the Kikambala defendants raised questions 
in Washington with respect to the degree of GOK focus on 
terrorism.  Gituai responded that the legal framework, at the 
time, was "inadequate," while Gichangi characterized the 
Kenyan security apparatus as "poor," adding that the country 
had "come a long way" since Kikambala.  Some of the resources 
the government now has, such as the ATPU, were not available 
previously. 
 
5.  (C) The DCM also pressed Gituai to include police 
officials in future training programs for prosecutors, noting 
the previously successful collaborative effort through the 
Joint Terrorism Task Force (JTTF) that resulted in evidence 
sufficient to re-arrest Omar Said Omar, one of the Kikambala 
defendants.  Reemphasizing the breadth of Kenya's commitment, 
Gichangi urged the DCM and Deputy Director not to focus 
solely on the JTTF, stating that it would not be a "panacea 
to (Kenya's) capacity."  Revisiting his earlier point, Gituai 
remarked that because security includes more than terrorism, 
the training should not have a single purpose. 
 
DEMOCRACY GETS IN THE WAY 
------------------------- 
 
6.  (C) Deputy Director Malac and the DCM emphasized the US' 
desire to work with Kenya and provide support in whatever way 
we can, while noting the prospect for some support to dry up 
if Kenya does not sign an Article 98 agreement soon.  Gituai 
restated the difficulty that Kenya's blossoming "democratic 
space" presented, adding that with too much pressure, and too 
narrow a range of choices, his country could become 
"uncomfortable."  Speaking metaphorically, he explained that 
a poor man's attitude is that "the money is not his anyway." 
Referring to the JTTF, as well as CT legislation, Gichangi 
commented that a non-Kenyan structure could not be imposed on 
the "new Kenya" with its democratic space.  The government 
has to be careful, he continued (closely mirroring remarks 
from the Foreign Ministry (reftel)), to make sure that its 
Suppression of Terrorism bill does not appear to be someone 
else's initiative.  Gituai noted that the government had 
rescheduled a postponed internal stakeholder's meeting for 
early January to collaborate on drafting a law to submit to 
parliament. 
 
7.  (C) COMMENT: Gituai's and Gichangi's protestations not 
withstanding, the clear message in the meeting was that the 
future of the JTTF is bleak, at least as long as they remain 
in their positions.  Despite how sterling the Kenyan record 
would appear from the Permanent Secretary's account, lack of 
political will remains a major stumbling block to our CT 
initiatives with the government.  As Gituai rightly noted, in 
2003 the legislation to prosecute the seven Kikambala terror 
suspects did not exist.  Two years later, it still does not 
-- a clear example of the government's lethargy on this 
critical issue.  END COMMENT. 
 
8.  (U) AF/E Deputy Director Deborah Malac has cleared this 
message. 
BELLAMY