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Cablegate: Police Reform Additional Resources Request

VZCZCXRO7826
PP RUEHROV
DE RUEHNR #2401/01 3290414
ZNR UUUUU ZZH
P 250414Z NOV 09
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 1627
INFO RUCNIAD/IGAD COLLECTIVE PRIORITY
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 6696
RUEHLO/AMEMBASSY LONDON PRIORITY 3348
RUEHFR/AMEMBASSY PARIS PRIORITY 3183
RHEHNSC/NSC WASHDC PRIORITY
RHMFISS/FBI WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUZEFAA/CDR USAFRICOM STUTTGART GE PRIORITY
RUZEFAA/HQ USAFRICOM STUTTGART GE PRIORITY

UNCLAS SECTION 01 OF 02 NAIROBI 002401

SENSITIVE
SIPDIS

AF/E FOR DRIANO, INL/AAE FOR ENGLISH, DOJ/ICITAP FOR
LILLIAN BECKER, DOJ/OPDAT FOR JIM SILVERWOOD

E.O. 12958: N/A
TAGS: ASEC KJUS KCRM EAID PGOV KE
SUBJECT: POLICE REFORM ADDITIONAL RESOURCES REQUEST

REF: A. NAIROBI 2369
B. NAIROBI 2252
C. NAIROBI 1183
D. NAIROBI 1172

1. Summary: This cable is an action request. Please see para
5. Following high-level discussions with the leadership of
Kenya's law enforcement agencies (see ref B) and our review
of the Police Reform Task Force's recommendations (see ref
A), post's inter-agency team on police reform has identified
five key areas that we urgently need to support with
additional resources in order to help maintain momentum on
police reform. These areas are: community policing;
implementation of internal affairs oversight mechanisms;
basic police skills training; and training on
professionalism/police ethics, police codes of conduct, and
use of force policies. Post requests $1 million in additional
resources to provide this training using both subject matter
experts already at post and additional expert trainers from
the United States. In addition, post requests that $800,000
in past year INL funding be reallocated to Kenya to conduct
training and consultations in these priority areas. This
funding is urgently needed as leverage to push implementation
of police reform and to give us the capacity to calibrate
implementation of our assistance step-by-step in accordance
with what the Kenyan officials are prepared to do. In
addition, we are drawing on limited existing mission
resources to assist the reform process. End summary.

CURRENT ACTIVITIES AND RESOURCES

2. There are a number of programs and activities already in
place aimed at building capacity in Kenya's security sector
(see ref D), including programs implemented by the Department
of Homeland Security Customs and Border Patrol agency
(DHS/CBP); the Department of Justice's Federal Bureau of
Investigation (DOJ/FBI), Office of International Criminal
Investigative Training Assistance Program (DOJ/ICITAP), and
Office of Overseas Prosecutorial Development, Assistance, and
Training (DOJ/OPDAT); and the State Department Bureau of
Diplomatic Security's Anti-Terrorism Assistance program
(DS/ATA). Kenya also received a grant of $8 million in FY08
section 1207 funding, of which approximately $620,000 is
allocated to a police pillar aimed at improving
civilian-police relations and implementing key reform
recommendations.

3. Existing initiatives will be repackaged as an initial
response to police reform objectives. Post has prioritized
the following five areas of police reform: community
policing; effective implementation of existing internal
oversight mechanisms; basic police skills training; and
training on professionalism/police ethics and modern codes of
conduct/use of force policies. For example, the DS/ATA
program has three police patrol boats (each valued at
$90,000) ready for donation. Two are slated for the Maritime
Police Unit of the Kenya Police Service (KPS/MPU); the other
will be given to the Administration Police (AP). The
Ambassador plans to use the handover ceremony for these boat
donations in Mombasa as a showcase for a major statement on
police reform that lays out detailed priorities and our
planned support for those priorities. S/CT funded upgrades to
sports facilities in the Lamu area that are being implemented
in cooperation with the police are an ideal platform for
launching a discussion on community policing. We noted in ref
B that both the KPS and AP have frozen recruitment and pulled
a total of 4,000 officers from the field for refresher
training at the police academies. We believe this presents a
unique opportunity for U.S. trainers to engage with police
officers at the academies on the priority subjects outlined
above. We propose that all trainers scheduled to offer
courses in Kenya (for example, FBI and DS/ATA instructors) be
authorized to stay a few extra days after their planned
training is finished to offer guest lectures at the
academies, either on one of the priority areas listed in para
2 or on another applicable core area of expertise. Subject
matter experts already at post (for example, the Legatt,
Resident Legal Advisor, and Senior Law Enforcement Advisor)
will offer guest lectures tailored to reform priorities.


NAIROBI 00002401 002 OF 002


TARGETING PRIMARY FOCUS AREAS

4. Although the final report of the Police Reform Task Force
is not yet public, task force members highlighted in a recent
presentation that it contains more than 200 separate
recommendations (see ref A). After reviewing a near-final
version of the report and following inter-agency discussion
at post, we want to focus resources on the five priority
areas discussed in para 1. While we generally agree with the
task force recommendations, we note that the Task Force
deferred the establishment of effective external and internal
oversight recommendations, preferring that they be addressed
via constitutional reform. We have no objection to that
approach, but note that, in the interim, internal oversight
mechanisms already exist on paper and should be supported
immediately, as they are absolutely critical to promoting
police professionalism and ethics and to repairing damaged
police-community relations stemming from past abuses and
corruption (see ref C). We will also continue to push Kenya's
law enforcement leadership to make good on its pledges to
improve conditions of work for police officers (for example,
by paying arrears in allowances owed to officers and
improving housing) as well as to overhaul hiring,
assignments, transfers, and promotions practices completely
to make them clear, transparent, and fair.

RESOURCE REQUEST

5. In his October 22 letter to President Kibaki, President
Obama underlined the importance of rule of law reform and
said, "The United States is prepared to provide support for
the implementation of police and judicial reforms." Post is
requesting $1 million in assistance to offer training to core
police populations, including new recruits, trainers,
officers undergoing refresher training, and recently promoted
officers undergoing training to prepare them for the next
level of leadership. Funding will be used to provide training
at the police academies and to send additional Kenyan
officers to relevant courses at ILEA in Botswana. Funding can
also support targeted consultations between U.S. technical
experts from DOJ and State and Kenyan officials on issues
including internal affairs, community policing and public
relations, which have the secondary benefit of providing a
useful gauge in determining political will to implement
reforms. In addition, post requests that $800,000 in past
year INL funding (originally allocated as two grants of
$300,000 and $500,000) be immediately reallocated to post for
funding basic police skills training at the academies, to be
implemented by subject matter experts from DOJ/ICITAP and
INL.
RANNEBERGER

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