Pirates: Kenya Question Asked by Lord Tebbit To ask Her Majesty's Government what maximum penalty the suspected pirates captured by HMS “Cumberland” on 11 November and transferred to Kenyan police custody on 18 November may face under Kenyan law; and whether this was considered before transferring the suspects to the Kenyan police. [HL472] The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown) The alleged pirates captured by HMS “Cumberland” on 11 November and transferred to Kenyan jurisdiction have been charged with piracy. Under Kenyan law this carries a maximum penalty of life imprisonment. When deciding whether the alleged pirates could be transferred to Kenyan custody, consideration was given as to whether the death penalty applied to piracy under Kenyan law, which it does not.