Cablegate: Kenya Weary of Taking More Pirates

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DE RUEHNR #0213 0571132
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O R 261132Z FEB 10
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1021
INFO IGAD COLLECTIVE
RHMFISS/CDR USAFRICOM STUTTGART GE
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UNCLAS NAIROBI 000213

SIPDIS
AF/E FOR SDRIANO
PM/PPA FOR DFORAN

E.O. 12958: N/A
TAGS: PHSA PREL TZ KE
SUBJECT: Kenya Weary of Taking More Pirates

REF: 10 STATE 17245

1. On February 24 Post's Resident Legal Advisor (RLA) informed the
Kenyan Director of Public Prosecutions (DPP) of the facts of the
case of eight suspected pirates apprehended by the U.S. Navy on
February 11. The RLA also notified the DPP that the U.S. is
discussing the case with the Tanzanian authorities in the hope that
Tanzania will accept the prosecution of this case, and he provided
the DPP with the preliminary evidence package in the event Tanzania
does not take the case and the U.S. is required to seek an
alternative venue.

2. On February 26 Post, per reftel instructions, also informed Ben
Ogutu, MFA Director or Political Affairs, that the United States is
requesting the Government of Tanzania to take the case, but if
Tanzania is unwilling or unable to do so the United States may need
to request the GOK to take the case for prosecution. We also
encouraged the GOK to contact their Tanzanian counterparts and urge
them to prosecute the case.

3. Ogutu told us that the Kenyan government, at the highest
levels, has expressed very strong reservations about continuing to
take piracy cases while other nations refuse to do so. "Other
nations are dilly dallying," he said, and in the meantime Kenya is
finding it increasingly hard to accept that others are not
accepting their responsibilities. Ogutu was non-committal on how
Kenya would reply to a U.S. request pertaining to the prosecution
of this case, but he said he would pass along the information to
the appropriate authorities. He added that Kenya will be very
interested in learning why Tanzania would reply negatively to the
U.S. request.
RANNEBERGER

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