INTERIM REPORT ON

DRUG TRAFFICKING INVESTIGA IONS

TH CO

IJSI HE

F POLICE,

POLICE

DOUARTE S,

P.o. BOX 30083 -00100,

NAIR 81.

Sir,

REPORT ON RUG TRAFFICKING NVEJTIGATIO J

The team you appointed to investigate drug trafficking, conducted its investigations and 'now submits the following report.

TER S 0 REFERENCE

• To un-earth drug trafficRing in Kenyo.

• To un-earth drug troffichii 9 rvndicotes Barons.

To gather Sl S oin 18 ev del ce befo ( a ourt of low

Team members comprised of-

1. Mr. Alfred K. Ombabo DCP

2. Mr. Moses Dindi ACP

3. Mr. Ngatia Iregi Ag. ACP

4. Mr. Prosper Bosire Ag. SSP

5. IP. Nicholas Murgor

6. S/Sgt. Geoffrey Kinyua

7. Cpl Thomas Kathuli

8. Cpl Penina Ga~ii

9. PC (Drv) Elias Njogu lO.PC (Drv) Francis Ndonye 11. PC (Drv) Edward Ma~au

The teem conducted inquiries which were moinly focused in the towns of Mombasa, Kwa e, Malindi and Nairobi.

A number of subjects were interviewed in relation to allegations and suspicion of being involved in drug tl'afficRing. Key among them

were.-

Hon. John Harun Mwau

-Nclrobi,

Han. William Kabogo Gitou

- Nairobi,

Hen. Ali Hassan Ioho

-Momboso,

Hon. Michael Gideon Mbuvi

- Nairobi,

Business man Ali Badrudin Punjani- Mombasa,

Business man AbubaRar Ali Joho - Mombasa and

Hon. Simon Mbugua - Nairobi.

He mtro -ju a himself as c ,1Gl-.1Ger 0 Par rcrnent. to mer police officer, former chairman of the defunct Kenya Antl-Co-ruption Authority, and the Kenya Wines Agencies among others, and as a citizen who has served the country with dedication, determinotion and absolute potriotisrn.

He addressed the issues raised in "the Ranneberger dossier" (a copy of which he had in hit poue·uion), and to which he responded negatively to all allegations.

He denied ever being involved in drug trcfflchtno, or pnowing any person involved in the same.

He had never at anyone time employed Han. Kabogo as his driver. been engaged in any business partnership with him nor had the said Kabogo married his Daughter. He is a father of two sons with no daughter.

He clolrned not to hove had any relctionshlp with the . ~asha fcrnlly, met them in his life nor huown them.

He said the allegations were false, molictous based or rumors and innuendoes.

He is the chairman of PEPE inland container depot which is a family venture. He emphasized that PEPE is only but a facilitator for faster movement of cargo and is not involved in the verification of goods, except where the employees are instructed by the Customs Department officers to remove goods out of the containers for verification.

He averred that there was no one ton of cocaine seized ot PEPE or imported through PEPE and if any, then the people to beoshed ore govermllent agencies who deal with the commodltles and not employees of PEPE.

PEPE inland depot was visited, the employees there were interviewed and statements recorded. The depot is monoocd in concert with qovernrnent officers from the KRA.

L-

, a . ho: , c t i lterest' in l E 'uf 11 n tt C lai. . ·f ~ pcrmorhet ..

However, we wei e not able to 'Jet lnformotion on I m other Lusiness interests. We hove written to t e KRA and tl e Regjstrar of Societies to furnish us with inforrnotlon of any other interests that 1e may be having.

The investigation revealed that he has no daughter and therefore he cannot possibly be a father in-law to William Kabo9o. He has also never employed Kabogo as his driver.

ASSETS.

Investigations carried out at the Kenya Revenue Authority indicates that Hon. John Harun Mwau has the following companies against his

ncme.-

1. Mwundo limited - PIN. P000615486G

2. Africa Centre for Hope Initiative Everywhere - Pin. P051113826Z

3. Harun International Limited - Pin. - P000612726N 1. JH City Lir rited - PIN. - P0512108927

5. IN Records Limited - PIN. - P000602b968

6. r. r €t 1e ..il rited pl[. P0512C 6645

7. Pepe Enterprises Limited - PI -.J P0006'14~2301

8. Sheltown Lirnited - PIN. - POOOr:2,4836 V

9. Sports Chompions Lirnited - PIN. ~P0006155117L 10.Tom Brown Limited - PIN. - POS11662628

11. Vitu Limited - PIN. - P000602214R

12. Kuston Kenya Linlited ~ PIN. P0510990248

No evidence has so far been found to linl:? him with drug traffid~ing.

He gave a brief profile of himself as having gone to school at St. Georges Ruiru Primorv school and Ththo Technical High school before graduating in 1983 with a bachelor of commerce degree from Punjab University in India.

He had a brief stint at the office of the Controller and Auditor General as an osslstont auditor whkh he quit after six months and went to M0t11bc so VJ iere he worbcd 'It, TOTOTO HOME

Dl ISTRI- as a b t· iness L isor r sing ".0 the p . sr; io of Executl Je Director, before quitting in 1994.

He then ventured into buying and selling cars imported from Japon and also started a clearing and forwarding firm by the name Orbit Express Company. This he did up-to the year 2002 when he joined politics.

It was during the campaigns in 2002 that he heard rumors doing the rounds that he was trofflcblnq in drugs and was even married to MWQu's daughter, both allegations which he denied. His wife Philomena Nduta Kiarie is a Ki~uyu by tribe and not Kamba.

The rumor about drugs was again brought up during the recent byelections by his political opponents giving him reason to believe that the drug scandal in his life has Political undertones.

He was in receipt of a document titled SECRET/REL KENYA whose contents he cloirns are damaging to his character. The document l)JO~ pcstec to rirr: at t le xeption of pcrlicn vont b uildi: gc He has denied 0 vninq 01 J of the compcnies mentioned in the do unent or

(I

dol ~ c y bus sss 'b .. ', br other r persor 5 n1CI .ioned i t e said documer t.

E I

We visited Canon Towers where Orbit Clearing and Forwarding Company was said to be located but found that it was closed down way bocb in 2002. He however lointly owns Leon Transporters and Access & Home Construction Company with his wife. A letter was written to the Registrar of Companies and KRA to verify this information. Response from KRA indicates that no records of Leon Company as well as Acres and Homes Limited can be traced. However the following cornponles are recorded against his PIN.A001233983T;

1. Orbit Express Limned PIN. P051111803A

2. Orbit Freighters limited PIN. POS1112851P

3. Tropical Imperial Cars PI:--J. POSll07649C

No evidence has so f r ueen adduced connecting hill to druc traffjd~lng

r

he IS the ht.ernber of Pcrliornent tor Kisauni Constituencv. He deniec ever being involved in drug business. He dared cmybody with evidence to bring it forth saying he was ready to face the law.

He claimed that a letter attributed to "Alex Katana" that he was a drug dealer was absolutely malicious, slanderous and cirned at settling political and business scores. He exonerated himself and his family from the alleged activities which included drug trofficbtnq, murder, corruption, tax evasion, violence, intimldotion and land grabbing. He used to hear of the some but took it lightly alluding it to politics.

He apportioned blame to Mohall1med Jaffer as being the author of the allegations. This he attributed to business rivalry. He further claimed that one Merali was worhinq with Jaffer to circulate the Inforrnotlon in preparation for the 2012 elections by dbcrediting his condidoture now that he W(1< qt mning for the govern rshlo of MOlT basa County

L

On DCi 9 .ontccted ffe J ef Jsed to ecor

he u'; )!I nc t a suspect.

toteme It cit' . 9 that

AlIEf r

Information was requested from the Kenya Revenue Authority. No records were traced to his Pin. A005621854T.

None of the witnesses interviewed has linbed him to drug traffic~ing.

Gideon Mbuvi Kioho a.b.G Musa Mllnga alia, Sonbo

He initially ponicbed when Police started to IOOR for him at Parliament buildings, going to the extent of accusing the officers of forcing their way into his office even though he had actually invited them by sending an aide to Hon Simon Mbugua to usher them in. He later presented himself to the Police Pavilion with two lawyers and a battery of Journalists.

He denied allegations of involvement in drugs traffid-?ing only admitting verbally tho- he wos in the business of land fraud

lL

He del ied any I -!lotiol lp t ) 0 I Kabo9o or Hon. from the fact they were Iellow tvlernben of Porllon lent.

, IOU oport

He operates severe! Matatu's chris ened (IARTURll within Nairobi.

He confirmed to being called Musa Mungo by another name from his maternal relation. Casuarina Club, formerly Coco Beach Club, along Mumios road in Buruburu is owned by him while his sister called Primrose Mwelu runs the business.

ASSETS.

Letters were done to KRA and the Registrar of Companies to gather more information on him. Response from KRA has been received indicating that he is not tax compliant having not submitted his tax returns. The following companies are attributed to his PIN. A005578766S;

1. Casuarina Club - PIN - P0513106161

2. Primix Enterprises - PIN - P051193992J

3. Tungwa Bra td Design PI -. 051241492X

il l i' etc: that I p I 05 not been paying tcxes

or submittinq his tax returns especicllv on Casuarina Club. He needs .0 be followed up further on this by KRA \.,1 • rho , ave this mandate.

Ali Baclrgdin Punjani

He is aged 35 veers, resides at Nyoli Estate and has a go down at 5hirnanzi. He denied ever being involved in drug business.

He attended Ago Khan Primary and secondary Schools, where he left in 1995 after completing form IV.

He started engaging in business in the year 2001 dealing in cornrnodttles which mainly included sugar, rice and salt. He clcims to be buying the items from local traders and Mumias Sugar Company. The business was converting into one hundred million shillings turnover per month or thereabout.

The business, hnown as Rising Star Enterprises, is jointly owned with his mother Gulbcn. Punjani a d deals in wholes Ie only Their clients include Nck mat. Gilioni': and Eldo 'not SL pen I lorl:?eb an ong 110ny others, T e inancia turn Jer has sine in proved to

11

bet "I€>E'r. ne hur drco 01 d ~ fty i-nil! n shillin[~ monthly,

Besides dt=lJying being a urdg deale" he said that le had never personally heard his narne being mentioned as such. He claimed that in the event that his nome was being mentioned. then he would suspect one Moharnmed Jaffer, a businessman within Mornboso and prominently hnown for his Grain Bulh business as the liJ::?ely man behind the rumor. This he cssociotes to business rivalry and to the fact that he does not succumb to being bullied or act inferior to him.

He denied being involved in any other business including the Nyali International Beach Hotel to which monv people associate him with. He alleged that it belonged to one A,il Hllliz who stays in Dubai

and is a friend of his. He however oversees the business for him and is involved in rnchlnq decisions on issues pertaining to the hotel.

While in Malindi, information was received that he wa~ wort?ing with Ibrahim Igaal of Nairobi 01 d lbrohim Derwood of Duboi, both suspe ted to be international drug trofflchers. He was summoned to

.' S

lnre vie e - n'

:rle

e Iii t d j at en He 0 .Iy hin .

that he c uld send his lcwvers Efforts to trace MohOiTIlned Igaal hove no been fruitfu

Abuba ar Ali Joho.

He is an elder brother to the Kisauni MP Hon, Ali Hassan Joho, He is a business men within the coast province dealing in construction, garbage collection, transport and property buying and selling.

He categorically denied ever having involved himself in drugs or any other illegal business. He ciairned to be having differences with Mohammed laffer and one Meroll which he alluded to the fact that he had opposed their illegal occupation of parts of the grounds of Mombasa primary School.

He further alleged that the negative information posted against him was an cttempt to malign his family's name so as to inttmidcte him to abandon the demand for the return of the public land. He cloimed that busin :J(~ nvalr we tl e othc so J! C' friction wid

offer.

P eft h HI! rothe HCJSson oho h a der: ored interest in the seer of Motnbasa Governor hod worsened relationship witt" opposinq camps liRe some Imams from the Council of 111101"5 and Precchers of Kenya, political activists Amino Abdalla, Afya Ramo and many others, who were spreading propaganda against his family as being drug trofflchers.

ASSETS.

He gave his business interests as follows;

1. M ... Tech Building WorRs Ltd,

2. Prima Bins and Pest Co. Ltd ..

3. Portside Freight Terminal Limited,

4. Portside Transport Co. Ltd.

Letters dispatched to KRA and the Registrar of Companies to get insight into his business cctivitie- are yet to be responded to

However no evidence has been collected to connect him to drug

trcffichinq octlvitie

Hon. Simon bu~

He wa~ a broker at Langata Road Motors which he has since possed over to another person. It now operates as Wheels Motors. He was interviewed and denied ever having been involved in drugs trade.

He denied i:?nowing one Musa Tumusiime nor having worhed with or employed any Ugandans at the Langata Motors.

The team visited Wheels Motors and interviewed some of the workers there. They did not seem to have heard the name of

Tumusiime or any Ugandan.

No evidence to lin\:< him with any drug dealing was encountered.

Ali Mcheni Ali a ias thee Lab.

He works with the Municipal Council of Mombasa. His position is that of a Mosquito searcher, a junior ranb within the council. His solcry is ~<sh . 20,505/= with a gross earnings of Kshs. -. 505/"" Jetsalary is ~{shs. 16,091/:::

wa arrested' the 6ih/12/2010 ond Q~' I befo c court the I )110 )Ji.lg day. Scorch was I 'lodE! .n I:S ho .. se on the date of arrest but no drugs were recovered from therein. However, 213,000/= shillings wos found in his house at Kingorani while at his other house at Bomburi, 127,580/=shillings wcs recovered. Both recoveries were in various denominations of 1000/==, .500/=, 200/=, 100/= 50/=, 201=, 10/= and 5/=. The money is believed to be part of the proceeds of drug trade.

On further investigations, it ernerged that he had a number of properties within Mornboso town whose value was not commensurate to his earnings. The properties are as follows;

1. Bloch xii/258 worth Kshs. 6 million with a mainsionette worth kshs, 10 million

2. LR No.MN/l/13016/ CR 38852 mecsurinq 0.0252 hectares worth Kshs, 2.5million= with a Bungalow worth ~<shs. 2.5 million

5. LR No.tv NJ 1/13023/ ( 38859 rnccsurh I 0.025""') hectare

worth KJ I. ~.5I11illiol' with a bungo ow wort 1 1<5h$. 2.5 !1 illion

4. Bloch xii/1596 with a Swahili house worth Kshs. 1.5million

5. Motor vehicle KBC 723 V worth Kshs, 700,(Jt)O/=

6. Motor vehicle KBM 979 M worth Kshs. 740,000/=

His wealth declaration forms for the year 2009 did not reflect anything of the above. It purported to suggest that he had no ossets other than his annual salol)1 of about 458,000/=. He is subsequently charged with the offence of submitting folse/rnlsleodinq information contrary to section 32 of the public officers Ethics Act No 4 of 2003.

The teem swore two affidavits in an attempt to convince the court to remand him in custody for seven days thereafter to deny him his release or' bond. The court "NO understanding enough to grant both requests.

..,1 Ion ed dctenti , I iJ POliCE an

" us tody bot Fruits in

I ot an acu e sh rt "'':11;:; of k rug; NC $ experienced and PI ~l.e;. we: e

said tc hove 5~y rocketed from f{shs 100/= to K:t s. 400/= per sachet, occcslonino the trooping of addided drug users to seeR rnediccl trectment from local hospitals as they soon started suffering from withdrawal syndrome .

. re, Kariuld

He is a businessman within Nairobi being the proprietor of "wines of the world" in partnership with one Stuart Herd, a Kenyan.

He went to school in Nairobi and later to Kagurllo high school after which he joined the Central Bonk of Kenya where he worked as supervisor before going into business where he ran the Green Corner Restaurant. He sold off Green Corner Restaurant and went into the wines and spirits business where he is an international importer and enjoys a large merkel locally. Their annual financial turnover is cbout eight hundred millie: shilling:i

!- e, togethe: I lith tls I, tsiness pc +ner ~tr 'art Herd, j.. also in

Petroleurr buslness whicr they sell in bulk, They own the Dalbit Petroleum Ltd which operates in many East African countnes from Sudan down to Zambia. Some of their clients include USAID, WFP, KO, South African Breweries and rnony more. The financial turn over in their petroleum business is about one hundred and ffty million US dollars per annum. They are Tax complicnt.

Their offices for both the Wines and Petroleum business are located along Mandeia road in Kileleshwa and share the same address.

He denied dealing in drugs and said that he stood to lose in business should he associate himself with drugs since he deals with world renowned Wines and Spirits Companies that are on various stoch rnorkets.

He wcs interviewed on Allan Hera who has a private cirstrip in Kripwa or d confi mod ~ at he l'n:::.v hi 1 as he was the fat! er to his partner Stuart Herd.

A .n

r(

ce COWl' t M

rso and 1'-0 1 e QC )Jeo in

rei .. .io: tc 'he u ~ f ~<ijip 10 oint ip for the I 1- ern it of illicit drugs, No fruitful information UJQS gotten from him. KijipVJo airstrip is the property of Bamburi Portland Cernent Company.

Dinah Bolte Mabini all 'Dr. Mar, Rizibi

She is a Tanzanian married to a Kenyan, the ate Mourice Mal::?ini and mother of Jackson Ngechu mchtnl alias Prezzo.

She is the proprietor of MaRini Herbal Clinics left behind at the demise of her husband.

She 1.A.rOS interviewed at length and denied deqling in drugs and claimed to have i1nown Hon. WHliar-n Kabogo when he attended her son's wedding. Her statement was subsequently recorded. No independent evidence has come up implicating her.

He attended School at Lanqata iunior primary and Brae Burn 5cl"'001 before going for flying school at- Ct v ~C Wilson Airport and later to Canada for three years.

He ventured into music end is currently doing fanning in Norob. He is a friend of Hon. William Kabogo and admits having invited him at his wedding together with many other friends. He recorded a statement where he denied being involved in drug trade.

I AMI

The Imams and Muslim activists who have been vocal against the drug menace within Coast Province were visited by members of the team. They were interviewed with a view of gathering information that could csslst the team in its investigation

They however declined to give the team any Rind of information only citing that the government and its officers were !J'el! aware of the people deal'ng in druqs

C ,v (;1 10,11e ct t re J .. t pe t e

aCt U

thev ent t hn treet~ as~i'-lg for 1-. arrest and orosecutiot of the

suspects,

They went on to call for the FBI to be brouoht on board to help in these Investigations. This prompted the team to visit them again to see if they had any new inforrnotion. This time however they verbally said that the information was with one Fuad.

The team had earlier dealt with Fuad and found him to be dishonest with information and craving for large sums of money in exchange. At one point he had oshed for Kshs 20,000/=. They appear to have a divided loyalty as they serve both the drug dealers and government agents at the same time by getting handouts from the dealers while purporting to provide information to government agents.

When Shee Loho was arrested, he said he ~new that it was Fuad who tooh the officers to his house as he had stopped paying him

frorr i. e to time when business W S 9000.

d bee pa~/ 9

t to hln

'"

Two pol'tlccl n ti~}i5t~ Ah'o Cf11a end .A.rni a Abdclloh fronted themselves as candid informers to the team. Af}o Rome had contested the Mvito constituency Parliamentary seat on an ODM Kenya ticket in the last General elections.

The two ladies however soon started asl:1ing for handouts.

Later they recorded their statements to police without disclosing nOITIeS of any J.?nown perpetrators citing fear for their lives. They cshcd for witness protection even without verbally naming any individual.

Every time they visited the team, they went beck to the press to brief them. They even started giving false information to the press. A case in point was on to" December 2010 when Afya Ramo addressed the standard newspaper clairning that her life was being threatened and that she had already reported the threats at Me Rupa Poli e station and even recorded a stoternent. Th _ repo was noticed by the in lestigators in the Saturday stci dard of 11" 1

D

b.UI a eli f stctio

, epOi ... ha ~ bed, IT .ade or statement ! ec eo)y her,

However, it appears her informonts at the station passed on this informction to her and she rushed to the station on Saturday at 11:55 A.M and made a wild report without touching on any names. Her earlier statement to Police does not mention any threats or apprehension from any quarters. Being a prominent politician she I:.?nows the ~ind of anxiety threats on her life can cause on her followers. The Standard Newspaper on their part did not bother to counter-check the authenticity of the information before publishing the same as is provided for in section 66(2) of the penal code.

In the clrcurnstcnces an offence of Publishing an alarming publication contrary to section 66(1) of the Penal code, has been committed by Afya Ramo in conjunction with The Standard Newspoper as well as the reporter who filed the article. Thls charge may be considered when the file is finally placed before the Director of Pubf Prosecutioi s for per isol ana advice

VJhile at Momb so the teem gathered that only tl p small distr ibutor were lmown by nome, T~ e followinq ncrnes were mentioned by the local Provincial Admlnistrction and Police as suppliers on the ground;-

>- Shee LORO- Employee of Mombasa Municipal Council -he was

arrested and his case is pending before court. j;.. Billy Mahadhi -Uncle to Swaleh Kenderen, r Jay Kipcro- Kisouni - Mogodoroni

);.> Juma Kasim Mohammed - Alias - J. Pete - Bamburi >- Salim Supa - Leisure - Kisouni

:> Fred (Bafred) - Mtwapa

» Emehc alias Emy-Nigerian

y Ali Mungo - Sarigoi Mal::laburini/Saringoi - Kwa Shibu road. ~ Mote - Brother to Shee LORo (escaped to Tanzania).

All the obove suspects except Shee LORo were not traced on the ground duri 1- the in }estigGtions The list VJOS handed over to he

· .... r

• 1i~ wi

. PL,rS I

Great effort wos mode by Hie teem in tile co irse of conducting the investigations. However, it still proved elusive to secure sustainable evidence with which to, prosecute, any of the subject under investigations. It wos quite unfortunate that even those who made the loudest "noise' had nothing to offer in terms of giving information of evidential value. All they could say was that "the

government bnow. them" they are well hnown and they have the nam s", yet they want to see blood especially after the

names were given in parliament.

In its sustained effort, the team mode requests to the Kenya Revenue Authority, Deputy Public Prosecutor, Registrar of Companies, Clerk to the National Assembly and Town Clerk Mombasa municipal Council, (see annexes) in an otternpt to get inforrnotion relotinq to the cssets owned by the subjects whether

Individual! 0" ir pert rership V e are yet to eceive -esp 1S€ fro some qucrter wh ich I"l)il! facilitate f .irther in\Jest~gatiol1$.

The police will require a longer time and intelligel ce n twcr ~ so .. ~s to be able to get meaningful evidence against drug trcfflchers due to the complexity of the investigations.

Having endeavored, without securing any hard evidence. the team investigated other drug related aspects. It is noteworthy therefore that some revelations came to surface as summarized below.

Information recei~/ed 0 the around indicated t at the source fif drut;l5 en e oeheved t e trom the Far Eo, in Asia wnicn includes PaRistan, Afghanistan and Inoia. Local sources include Nyanza and \,l.)estern Provinces of Kenya and the Mount Kenyo region. Uganda and Tanzania offered another source from within the East African Region.

TYP SO DR IGS

The types of drugs circulating within the areas covered are Bhang, Hashish, Heroine, Cocaine and Rohypnol tablets.

ROUTECHAI

Unconfirmed information from the ground suggests that the drugs originate from the Far East in bull> and get repacRaged in Kenya before being re-routed to the European a ld American morkets.

In the local arena he drugs are soid to perrneo e rOI

gando

hro 19h Busic and Malabo. In othe insta tees. a e ... are br ught ir~

Kisurnu-Ncirobl-Mon b so i~ another route especiolly for bhang, while the other ie, "'At Kenvo fp.qlOn-Nairobi-Mombasa and the Coast region in general.

MAN' 0 IRA SPORTATION

Sea

Most or the drugs are believed to find their way into the country via the sea (Indian Ocean). This is the main mode of transport from the Far East into and out of the Country.

The sea is equally quite convenient for moving drugs from places such as Mombasa or any other place along the seashore. Vanga, 5himoni, Mombasa, ~<ilifl, MaJindi and Lornu are listed as the most vulnerable points of entry,

T 1'" convenience ls compoc nded by the fact that th~ low enforcement officers do not hove the adequate equipment and

ger eral (OP cit 0 11 P cl ens: vely police the pcrou sect f. on I~ s rOI..tljl.:el~ easy 0 mov th: arug. VICl t 112 waters os opposed tc doinq the some along the roods which at times have isolated spots of road blocks.

The drugs gain entry to the port of Kilindini in containers disguised as other forms of genuine cargo according to unconfirmed information. Given the rncny loopholes that exist at the port of f{ilindini, it has been targeted as an avenue for getting the drugs in or out of the country.

The loopholes that mohe it ideal at the port of Kilindini for getting the drugs in or out of the country include inter-alia;-

);> lrnprocticcbllity of scrutinizing each container to verify its contents. This will remain a major challenge.

);> The X-ray scanners have no copacity to detect drugs as an "item" in the containers.

" Not all containers are scanned, and where sconned. the seen

reader/interpreter

e pre the contents.

> or tcin r 'el~l. Stctio - CFS op]: eOI t b suspect contclner .. These are private owned sta ions which mcy be conveniently utilized to the cdvontoqe of drug troffichers despite the fact that all government agents that operate ot the port of Kilindini do operate Ii~ewise at the CFS'.

'T Ships suspected to bring in the drugs stop in deep seas 'from where they are off-loaded to smaller boats without the notice of law enforcement agencies because of their inaccessibility. Notorious areas were mentioned as Mombaso, Malindi, Shimoni and Vanga.

Air

Use of air transport is a suspect mode of transport at the airstrips along the coastal area. These are Kijipwa, Ul<undo, Lunga Lunga, Voi and Lamu airstrips The oircrafts, their passengers and luggage are hardly checked or inspected to verify any suspect cargo.

Roads ore the most common rneons of tronsport esoeciolly for bha.ng frcm western parts of Kenya ana the Mt. Kenya region via Ncirobt down to the coast. The Mornbcso Highway, Lunga Lunqc-Mombcso and Toveto-Vol-Mornbcsc roads were singled out as drug traffid~ing routes.

DISGUISE CA G

Sugar

Sugar attracts the highest duty. Where an importer has declared goods to be sugar, it will hardly be verified by physico! exorninotlon.

Rice

Drug importers are said to bring them into the country disguised as rice. This is because if the container is to be subjected to a scan, the interpreter can conclude that it is either sugar, rice or a similar substance. The scanner cannot quoro ltee totol relic ice on it: pictures. he' est is dependent upon the scan interpreter.

It is 9iven that some drug barons deal under t'he disglli~'":! nf lmportrnq used 1110tOl venictes, The drugs are said to be stasheo in the vehicles especially in the tvres. These would then be removed once the "motor vehicles" have been disernborhed from the ships and cleared at the port. Private CFS' are convenient for such practices while others would be done from the "motor vehicle" dealers' business premises.

I eco hand clothes

Second hand clothes are another item that is commonly imported. Drug dealers have token advantage of the same to use it as a pseudo cargo.

Tea

Drugs are said to be carnouflaged to pass as tea going to morbets outside t re country. Kenvo is a g08d exporter of teo and respected in that field. Drug dealers I ave token it to their advantage

to another. The smell of fish acts well to conceol tile contraband and police officers would quicRly tohe up the jibe.

OBS

IONS

The fight against illicit drugs in Kenya remains quite an enormous challenge in present times. It will need the concerted efforts of all stoke holders to stem the vice.

Some of the areas that offer complexity in the struggle are listed as hereunder.-

» Drug barons are people of immense wealth who operate in discreet and apply remote methods to avoid detection, ;,. Nobody dares commit him-herself to give evidence against drug dealers for fear of reprisals,

r: It is not eosy to get evidence to incrirnino e them let alone that which moy withsto: d the rigorous test in a

urt 0

v. ogain-t the drug deo ers. Tee i~ 0

lnforrnotlon ~ivet-, of evidenticl volue.

"r The dru deale s have a ery elaborate networhinq system and conduct their business in utter discreet vhile ~eeping a very safe distance from their operations. They will hardly appear in the picture.

» The expansiveness of the Kenyan boarders renders it porous and difficult to man in the absence of mitigating facilities.

>- There is no proper and thorough search conducted on suspect transport means.

);> Small or executive loobinq motor vehicles used to transport the drugs are not stopped and searched.

>- It is very difficult to i:?now where the drugs are hidden.

? Most of the persons interviewed are unwilling to have their stoternents recorded. They are apprehensive for reprisals of owninq up to heir stoterno lis

son eft 1€ ~ otcn 81 ts Of -1 'lI€.gati ns r ode is n doubr

~ Avollcble inforrnonts are reluctant to cooperate with .. lie investigating team without handsome rewards.

:> It appears that informants have a divided loyalty between the police and barons as they serve both parties for personal gains.

LiRoni~ Mtongwe, Bofu, Kisouni, Shimanzi and Magodoroni were the most affected areas within Mombasa, while Kisumu Ndogo, Mbuyu wa Kusema and Sheila were most affected within Molindi.

People of all wolks of life are involved especially the youth aged between 15 to 35 years of age.

The war against drug trafficRing and abuse requires a long term solution. It's a war that calls for concerted efforts devoid of mistrust. It has to be fought with diligence and accorded the patience of an owl. The suspect subjects end their operations have to be put undci a rneqc powered micro cope Remember. you will hardlv get a

the wr' -Ie.s bo: . ThL a C CI he I

agent to Jf~! _ 11 a v;9llar t A h an elabcrate and efficient intelligence networ ~~ system in order to it diet and offer evidence thot can sustoin charges against drug barons. Otherwise, every "witness" is hiding under hivher sl:?in.

Drug dealers are normally believed to convert their proceeds into other forms of property so as to conceal or disguise the S0111e. Investigation of personal assets of suspected dealers therefore becomes relevant in an attempt to expose the illicit trade and camouflage.

A case in point is the arrest of Ali Mcheni Ali, a junior civil servant at the Mombasa Municipal Council, who owned assorted properties worth over thirty million shillings. The same was not cornmensurote to his salary and neither could he account for it through other

genuine means.

VJhile it VJO~ eosler to suspect that Mcheni's properties were derived rOI"', t- rocceds of dr 19 traffic Ring, the cenaric become rnor

complex If' e dealin

vlth

weCl.th

c' el Y pr miner L

l us'nE'SSIYl-' f lone s cndinc re' ord who nll1)' ho e or la:5ed lots of wealth over a period of tin e. With such Q busines: record and wealth, it becomes ecsier to launder proceeds of illicit trade.

Most of the suspected l:?ingpins have lucrative businesses that roke in high profits mORing it complex to draw a line between genuine cash flows and illicit monies. It will definitely require forensic auditing to expose them.

The arrest and subsequent onaignment in court of Shee Lcho, believed to be one of the 1::?ey suppliers of Narcotic Drugs and the presence at the Coast of the teem investigating drug traffiching, sent panic mostly among the suppliers. A number of suspects are said to have gone "underground" or relocated to far destinations for ternporory refuge.

This becan e evident with the seeminqly limited supply that was experienced in the regio 1 leading to pronounced cases of drug users suffering fron with Ircwcl syndrorr e or d their subsequent floc~ing

12

to edicol a -W..:ic .. Sust IT ed effo ts will yo a lon; ay it tightening the nco ~ 01 ou d he suppliers and encourooe users to luit the habit.

fore-wing challenges;-

j.. LaeR of detail III mformotlon before ernbcrhinq on the investigations

>- Available information on the ground appeared unreliable.

);;> Some information brought forward appeared to be triggered by business or political rivalry

~ The premature naming of the suspects by the Minister in Parliament

? Possible witnesses were unwilling to have their lnforrnotion recorded in statement form

» Possibility of collusion by Civil Servants attached to the Main Port, Inland Ports and the private Container Freight Services.

» Legal issues relating to compellinq of suspects to give informction that can be self incriminotlnq or that moy lead to forfeit Ire s for esse :s(,ection 22 of the police act)

I,

'" Most 01. the local Airstrips especiclly the privote Airs rip: rCnlOI!1 unrnanned by the rolice.

» Some of the suspects can QrC8SS the services of Helicopters that con land and taJqe off from any place hindering control end detection.

Having been on the ground and made some obs-ervations as regards Drug traffid~ing, the teem recommends the following measures in an attempt to stamp out the vice.

» Profiling of suspects of Drug Traffid:<ing

y All the entry points to be supplied with sniffer dogs.

~ Continuous surveillance on I::?nown and suspected Ringpins and peddlers.

>-- Encourage 100% verification of all containers from I:?nown and suspect countries.

}> Enactment of specific laws under the Narcotic drugs and Psychotropic Substances Control Act No.4 of 1994 providing for compulsory disclosure of IIETI and TAX RETURNI to any

lnvestiqctor

C. f t nuou: m: nitonr 9 of chonces in 'ife$tyle~ of Civil Servants deJ 'oyed to the mcln Port, ell Airports, Inland Container Depo 5 and privcte Contome. reight Services.

" The aspect of Policing all the Airstrips in the country should be an agenda for consideration even as Police Reforms are being tochled.

» it's nice to worh out a program in liaison with the Civil Aviation to explore modolities of monitoring the movement of all private aircrafts.

We have explored all avenues available during the course of these investigations and have consequently invohed section 69 of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 19941 in writing to the various Government Agencies to obtain relevant documents and information.

The complete duplicate investigations file and the final report are now for 'larded to ~ou for fovor of your perusal and dir cctions.

Kindly d· odvi e

OSE DIND AC

L RE .K. M AB

NGATI IREGI Ag. ACP

PROSPE BO'IRE Ag_ SSP

30TH, JANUARY, 2011.