The cable prepared in November 2008 says that Britain was to build upon the one-time agreement of the Kenyan government to prosecute eight suspects seized by the British navy.
The leaked document also says that according to British Foreign and Commonwealth Office (FCO) Deputy Head of Security Policy Chris Holtby, this plan of action was acceptable to most EU member states.
He added that an EU-wide MoU would use a diplomatic tone in requesting Kenya to "receive and prosecute prisoners taken in anti-piracy operations by the British Armed Forces" and that "international standards on human rights... which are not the same thing as individual rights, mind you...
will be applied, including that those prisoners handed over to the Government of Kenya would not be subjected to the death penalty."
Sweeten the deal
The officer in charge of the Kenyan FCO desk Ms Sheena Lavery is said to have revealed that the UK would "sweeten the deal" by helping Kenya with reforms in the Judiciary.
"To sweeten the deal for the Kenyans, the UK may participate in a programme with the EU to provide technical or material support to the Kenyan Judiciary, however nothing has been confirmed in that regard," the cable quotes Ms Lavery as having said.
She is said to have added that the EU is also negotiating with Djibouti to accept captured pirates for prosecution.
In December 2008, Britain and Kenya were reported to have signed a bilateral deal enabling Kenya to become the final port of call for captured Somali pirates.
The reports in British newspapers came a day after eight suspected pirates appeared in court in Mombasa, but their trial was adjourned.