Country Reports on Terrorism 2008 - Kenya

The escalating conflict in Somalia provided a permissive environment for terrorist groups such as al-Qa'ida (AQ) operatives and al-Shabaab. The most serious threat to Kenya came from AQ operatives such as Fazul Abdullah Mohammed (aka Harun Fazul), and Saleh Ali Saleh Nabhan, who were responsible for the 1998 U.S. embassy bombings. AQ also had a support network in the coastal region and in parts of Nairobi, such as the Eastleigh District. While the border with Somalia officially remained closed, some Kenyan officials characterized the closure as irrelevant given the ease of crossing in both directions.

Kenya lacked the counterterrorism legislation necessary to comply with the UN conventions it has signed. In addition, it remained difficult to detain terrorist suspects and prosecute them effectively under existing laws. For example, in September, an appeals court ordered Omar Said Omar, linked to the 2002 Kikambala Paradise Hotel bombing, released from custody due to a lack of useable evidence and improper police procedures. The issue of counterterrorism legislation remained highly controversial in Kenya with elements of the press, the human rights community, and Muslim leadership criticizing proposed legislation as anti-Muslim and as giving the government excessive power that could potentially be used to abuse human rights. In 2006, the Kenyan government submitted to Parliament a revised draft of the defeated 2003 "Suppression of Terrorism Bill," but critics sharply criticized the bill and it did not pass. The law was not reintroduced in the 2008 legislative session. Passage of legislation for combating money laundering and terrorist financing progressed slowly. The "Proceeds of Crime and Money Laundering Bill" went through two readings but did not pass before the end of the year's legislative session. Kenya is one of two countries in the Eastern and Southern Africa Anti-Money Laundering Group without an anti-money laundering law; in August Kenya assumed its presidency for a one-year term.

Supporters of AQ and other extremist groups were active in the East Africa region. As a result of the continuing conflict in Somalia, many members of these organizations have sought to relocate elsewhere in the region and some were believed to have traveled to Kenya. In August, police raided a house in the coastal town of Malindi searching for Harun Fazul, suspected of leading the plot to bomb the Embassy in 1998. Fazul escaped, but police said they seized two of his passports.

Kenyan security officials worked with the United States and other allies to seek to prevent terrorist infiltration into the country and apprehend suspected terrorists. The Kenyan Army worked to develop a Ranger Strike Force with assistance from the United States. The mandate for this unit includes operations against infiltrators and armed groups, including terrorists. The Kenyan Air Force procured additional F-5 fighter aircraft as being necessary to conduct maritime and counterterrorism surveillance and strike operations. The Kenyan Navy received training and equipment from the United States for maritime interdiction operations in territorial waters. The Maritime Police Unit and other agencies received equipment and training for coastal security from the State Department's Antiterrorism Assistance program (ATA). The U.S. military's Combined Joint Task Force-Horn of Africa (CJTF-HOA) collaborated with ATA on maritime operations training, and was in the formative stages of creating a Regional Maritime Center of Excellence designed to deal with terrorism and other maritime security issues. At year's end, CJTF-HOA was in the process of installing a Maritime Security and Safety Information System (MSSIS) in key positions along the coast.