SHOCKING REVELATIONS : Kenyans who died and took their ICC secrets to the grave

WHEN former Juja MP George Thuo was buried yesterday in Thika, he became the eight ICC insider to die since 2008. Like Thuo, these insiders dealt directly with the ICC in their official capacities, or they knew a lot about the post election violence in 2007/8 that left 1,400 people dead.

They took to the grave crucial information that could have helped the country to finally unravel the unanswered questions surrounding the post election violence.

Kenya has opposed an amendment proposed by the ICC on Rules of Procedure and Evidence that would allow the prosecution to introduce prior recorded testimony during trial.

The ICC Chief Prosecutor could then bring to the court prior recorded testimony of a dead person.What secrets or crucial information did they have?

George Thuo

He died a week ago after he collapsed while having drinks with friends at a club in Thika town at about 10 pm. He was a former MP for Juja and ex government chief whip. Thuo was expected to be a key witness for President Uhuru Kenyatta at the ICC.

The ICC Chief Prosecutor had claimed that Thuo had attended a meeting at Blue Post Hotel in Thika on January 27, 2008 where revenge attacks were allegedly planned for Naivasha and Nakuru.

Thuo was expected to testify that any violence was spontaneous and Uhuru did not have anything to do with the Naivasha and Nakuru killings. The former MP had repeatedly denied any wrongdoing.

John Michuki.

He died in February 2012 after a heart attack. Michuki was the minister for Internal Security and Provincial Administration when the post election violence after the controversial swearing in of President Mwai Kibaki at State House Nairobi on December 30, 2008.

He continued serving as Internal Security minister as the country burned until January 8, 2008 when Kibaki named half a cabinet and handed Michuki the docket of Roads and Public Works.

In September 2011, during the ICC confirmation hearings of cases against Deputy Prime Minister Uhuru Kenyatta, Civil Service boss Francis Muthaura and Police Commissioner Hussein Ali, ICC prosecutor Fatou Bensouda told the Pre-Trial Chamber that top government officials held a meeting in early January 2008 at Michuki’s office at Harambee House to coordinate Mungiki retaliatory attacks. The pre-trial judges rejected the case against Ali while Muthaura’s was later withdrawn by the prosecutor.

George Saitoti

He died in June 2012 after a police helicopter crashed and burst into flames at Kibiku, Ngong forest. His assistant Orwa Ojode, two bodyguards and two police pilots died with him. Saitoti took over as Internal Security minister from Michuki at the height of the post election violence in January.

During the pre trial hearings, Bensouda said that government officials held a second meeting to plan retaliatory attacks in the Internal Security minister’s office in mid-January.

Saitoti also at one point simultaenously served as acting Foreign Affairs minister and was a key member of the National Security Advisory Committee.

In July 2009, Saitoti was appointed to head a special cabinet sub-committee to oversee the affairs of the ICC in the country.Another members of the bi-partisan committee was Mutula Kilonzo.

Mutula Kilonzo

Mutula was found dead in his Maanzoni home in April, 2013. At the time of his death, he was Senator for Makueni County. He was appointed as Nairobi Metropolitan Development minister when the coalition government was formed in April 2008.

He was later appointed Justice and Constitutional Affairs minister in May 2009. As Justice minister, Mutula pushed for the creation of a credible witness protection agency for high profile cases. He asked Treasury to set aside Sh1.2 billion to form the agency.

He also opposed Uhuru and William Ruto standing in the presidential elections arguing that they should first clear their names at the ICC. In June 2012, Mutula told Parliament that he had received two messages from unknown people threatening to kill him. He claimed that he was removed from the Justice ministry to Education because of his stand on ICC trials.

Bernard Kimeli (Senior deputy police commissioner)

Kimeli was murdered by unknown people in April 2011 at his house in Muguga Greens estate in Westlands. During the 2008 post election violence, Kimeli was the boss of the Kenya Police College, Kiganjo, where meetings were allegedly held to discuss how to respond to the violence.

His killers entered his house, stabbed him several times and left the well secured estate where some of Kenya’s top civil servants live. His gun was found lying by his side. Neighbours said they did not hear any commotion.

He reportedly testified to the Waki Commission that investigated the post election violence. His testimony, presented to the commission in camera, may have formed part of the evidence that ICC chief prosecutor Luis Moreno-Ocampo used to boost his case.

In May 2011, Police spokesman Erick Kiraithe stated that no evidence had been found linking Kimeli’s killing to the post election violence. However Kiraithe said that police had written to the ICC asking whether Kimeli was going to be a witness.

Kimeli was a close friend of then Deputy Commandant of the Administration Police Oku Kaunya who is now in exile and may be a prosecution witness during the ICC trials.

Joseph Maina Kang’ethe, aka Maina Diambo

He mysteriously disappeared in 2008 and is presumed dead. He was the Mungiki leader named by the ICC prosecution as having attended a meeting at State House to plan the Naivasha revenge attacks.

On July 6, 2008 Diambo and two Mungiki colleagues were reportedly called by a politician to collect Sh3 million donation for the burial of Mungiki leader Maina Njenga’s wife Virginia Nyakio.

Nyakio was killed together with her bodyguard and driver in mysterious circumstances on March 8, 2008. Their bodies were recovered in Gakoe forest in Gatundu.

The day before Diambo disappeared he had allegedly received the first donation in a briefcase from the same politician at a government office. Diambo was accompanied to the first meeting by brother Charles Ndungu Wagacha and George Njoroge Wagacha who were later murdered in Mai Mahiu. At the first meeting, they allegedly received Sh3 million to deliver to Njenga, then incarcerated at Naivasha Maximum Security Prison.

The Wagacha brothers, together with Naftaly Irungu, were shot dead as they drove to Naivasha on April 29, 2008. Another Mungiki member in Central Province, Alfred Peter Njoroge, went missing around the same time. Njoroge had earlier been arrested and charged in connection with hate leaflets distributed in Muranga town in 2007.

Kipkalya Kones and Lorna Laboso

Kones was the Roads minister and Bomet MP and Laboso was assistant Home Affairs minister and MP for Sotik when they died in a plane crash on June 10, 2008 at Kojong`a area of Nairegi-Enkare in Narok North.

They were on their way to Ainamoi constituency to campaign for ODM candidates in a by-election. The by-election was caused by the death of area MP Kimutai Too who was shot dead by a traffic police officer in Eldoret during the post-election violence.

Kones and Laboso were named in the original report ‘On the Brink of the Precipice’ by the Kenya National Commission on Human Rights as key perpetrators of post election violence in the Rift Valley. They were accused of financing the Kalenjin youth who attacked the Kikuyu and Kisii in Kericho.

SOURCE: the star

Raila Warns Uhuru, Ruto against Boycotting ICC Trials

Former Prime Minister Raila Odinga has hit out at the Jubilee government over the International Criminal Court cases, saying leaders should not incite but unite the country.

He said the challenge facing President Uhuru Kenyatta, his deputy William Ruto and radio journalist Joshua arap Sang at the ICC would not be resolved by abusing the international community.

“We know that there are people who were killed during the postelection violence. There are people who were maimed and thousands of children left orphans. We need to bring Kenyans together first. People should not go round the country making noise yet Kenyans are not united,” said Raila.

Addressing supporters at Kamukunji grounds in Kibra, Nairobi, yesterday, Raila noted that there was need to heal the nation and unite Kenyans. He said the process of ICC should run its course.


In reference to the UN Security Council’s vote on deferral of the cases, the former Premier said this was not the time to blame but to forgive each other.

“Kenyans should forgive each other so that we can have a united nation,” added Raila.

The African Union (AU) had requested the UN Security Council to defer the cases against Uhuru and Ruto for one year to allow them to deal with the security threatsposed by Al-Qaeda-linked Somali militants.

Rampant insecurity

However, the 15-member council was split – seven members, including Russia and China, voted in favour, and eight abstained, including France, the US and Britain. Resolutions need nine votes and no vetoes to pass. Britain, France, the US, China and Russia hold veto powers.

The former co-principal in Kibaki’s administration decried insecurity and challenged President Kenyatta to resign if he has failed to curb the rising cases of insecurity.

He recounted how Nyakach MP Aduma Owuor’s parents were killed and asked the Government to assure Kenyans of their security.

“We cannot have Kenyans being killed mercilessly. If they have failed to ensure security for all, then they should resign and let those who can take over,” Raila said.

On the issue of title deeds, Raila called on the Government to give the residents of Kibra the document without discrimination, noting that Kenyans from all walks of life inhabit the area.

He challenged Lands Cabinet Secretary Charity Ngilu to prioritise the issue so that the residents could develop their plots and construct habitable and affordable houses.

“All tribes are represented in Kibra and everyone has a right to a title deed just like others. Let the Land’s cabinet secretary issue the residents here with title deeds without discrimination,” said the former Premier.

ODM’s nominated Senator Elizabeth Ongoro waded into claims that some members of the Executive coached witnesses to fix Ruto at ICC.

Ongoro told the rally that it was now crystal clear who took Ruto to the ICC and asked the Kibra residents to remain united. “They said it was Raila who took them to ICC, but now the truth is coming out on who fixed Ruto in The Hague. This was just propaganda to tarnish Raila’s name,” said Ongoro.

The two leaders remained confident that Ford-Kenya Leader Moses Wetang’ula would recapture his seat as the Bungoma senator in next month’s by-election.

Meanwhile, Siaya Senator James Orengo has given the Jubilee alliance ten days to name those who fixed the Deputy President at the International Criminal Court, failure to which he would spill the beans.

Mr Orengo said Jubilee knew who had fixed Deputy President William Ruto and he had sufficient evidence to expose those behind the move.

False testimonies

He said President Uhuru Kenyatta and his deputy are all aware of where all the pieces of evidence came from.

“I dare them to name those who gave false testimonies in the name of fixing the other as it is a criminal offence punishable by law,” said Orengo.

His remarks come in the wake of a simmering row in the Jubilee alliance over claims that Uhuru retained advisors who ‘fixed’ his deputy in The Hague.

Speaking during a fundraiser for St Stephen Anglican Church in Kisumu, Orengo accused the same people of trying to fix Raila as well.

Source: the standard
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USA Offers Clarification On Why Uhuru Must Be Tried In The Hague

USUN PRESS RELEASE #233 November 15, 2013
FOR IMMEDIATE RELEASE

Explanation of Vote by Ambassador Samantha Power, U.S. Permanent Representative to the United Nations, on Kenya’s International Criminal Court Article 16 Deferral Request, November 15, 2013

Thank you. The United States abstained on this vote because we believe that the concerns raised by Kenya regarding the International Criminal Court proceedings against President Kenyatta and Deputy President Ruto are best addressed within the framework of the Court and its Assembly of States Parties, and not through a deferral mandated by the Security Council. This position is consistent with the view that we shared with the African Union Contact Group at the Council’s Informal Interactive Dialogue at the end of October.

Further, the families of the victims of the 2008 post-election violence in Kenya have already waited more than five years for a judicial weighing of the evidence to commence. We believe that justice for the victims of that violence is critical to the country’s long-term peace and security. It is incumbent on us all to support accountability for those responsible for crimes against humanity.


At the same time, we want to emphasize our deep respect for the people of Kenya. We share their horror and outrage at the recent Westgate Mall terror attacks and understand their desire both for effective governance and for accountability under the law. We are mindful, as well, of the importance of these issues to the member states of the African Union that have raised similar concerns. We recognize that the situation the Court is confronting in these cases is a new one – the ICC has never before had a trial of a defendant who is also a sitting head-of-state, or a person who may act in such a capacity, and who has appeared voluntarily subject to a summons. Accordingly, we are encouraged that Kenya is continuing to pursue its concerns through an ongoing ICC process.

We are also encouraged that the Assembly of States Parties, which includes the government of Kenya, is working to enable trial proceedings to be conducted in a manner that will not force the defendants to choose between mounting a vigorous legal defense on the one hand and continuing to do their jobs on the other. The Assembly, which under the Rome Statute has responsibility for overseeing the Court’s administration, will meet next week, and will have the chance to engage in dialogue and consider amendments that could help address outstanding issues.

Because of our respect for Kenya and the AU, and because we believe that the Court and its Assembly of States Parties are the right venue for considering the issues that Kenya and some AU members have raised, we have decided to abstain rather than vote “no” on this resolution.

The United States and Kenya have been friends and strong partners for half a century. We value the friendship and will continue working with the government and people of Kenya on issues of shared concern, including security against terror, economic development, environmental protection, the promotion of human rights, and justice. We also continue to recognize the important role that the ICC can play in achieving accountability, and are steadfast in our belief that justice for the innocent victims of the post-election violence in Kenya is essential to lasting peace.
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67 Per Cent of Kenyans Want President Uhuru Tried At The ICC - Ipsos Poll

Sixty Seven per cent of Kenyans want President Uhuru Kenyatta to attend his trial at the International Criminal Court at the Hague, a poll by Ipsos Synovate says.

According to the survey Kenyans remain divided on the ICC cases with 42 per cent saying they want the cases to continue while 30 per cent want the cases to be terminated. Another 9 per cent say that the cases should continue but prefer President Uhuru Kenyatta and his deputy William Ruto not to attend the trial in person, 13 per cent want the ICC cases tried in Kenya.

For those supporting the continuation of the ICC trials: majority, 40 per cent, feel that it is the most certain way for victims of Post Election Violence to get justice, 20 per cent said they do not trust the Kenyan courts, 23 per cent felt that the Hague trials would end impunity, while five per cent said it would end future violence.

In reference to Westgate mall terror attack the survey says that majority of Kenyans, 67 per cent, feel that the attack could have been prevented.
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20 ICC Victims Confirm their Withdrawal from Ruto and Sang Trial

The Chamber had received information that 93 victims allegedly signed a letter, dated 5 June 2013, in which they indicated their wish to withdraw from ICC proceedings.

The Chamber found that of these 93 individuals, 47 are within the scope of the Ruto and Sang case. Of these 47 victims who allegedly signed the letter, 7 are now saying they still want to participate as a victims in the case, and 20 have confirmed their withdrawal



Regarding the 20 individuals who confirmed their wish to withdraw, their decision to withdraw could have been motivated by a range of factors, including security concerns. Therefore, their withdrawal shall only have a bearing on their procedural status. This means that they will be removed from the database, but that they may be included again if they wish to participate in the future.

The Chamber indicated that victims may register, withdraw or re-register their participation in these proceedings as they freely decide. However, unless a victim individually and freely communicates his/her wish to withdraw from the proceedings, he/she should continue to be registered as a participating victim

Background

A victim is a person who has suffered harm as a result of the commission of a crime within the ICC’s jurisdiction. The Rome Statute ensures that a number of rights are accorded to victims, the most ground-breaking of which is the right to participate in proceedings independently of the Prosecution or Defence. Victims have the right to have their own legal representative in the Courtroom presenting their concerns and personal interests to the Court.

- The Standard

DP William Ruto says his case at ICC will end soon, not interested in those who ‘fixed’ him

Deputy President William Ruto has broken his silence over the raging debate on some top government individuals alleged to have conspired in fixing him at the International Criminal Court ( ICC).

Ruto said it was wrong for the country and its leadership to waste time and resources discussing on an issue whose time was coming to its end.

Speaking at Lolgorian trading centre in Trans Mara West Sub County during the signing of a memorandum of understanding between Narok County Government and Indian investors towards the construction of a sugar factory, Ruto appealed for politicians to exercise sobriety on the matter.

The deputy president said he was personally not interested in knowing those who fixed him since he was optimistic that his case at the Hague was weak and would soon coming to a close.

This comes barely days after Kericho County senator, Charles Keter called for the sacking of some top government officials believed to have coached witnesses to testify against Ruto.

“This is not the time to point an accusing finger at each other and wanting to know who fixed who and who did not but instead we should be focusing on how best we can fix the various challenges facing all of us as a nation. We must be consulting on how to fix our roads, unemployment among other problems,” said Ruto.

He reiterated that the case facing him and President Uhuru Kenyatta should not divide the nation on party and tribal lines but instead should be a uniting pillar. “Waswahili husema yaliyopita si ndwele tugange yajayo (the past should not matter, let us focus on issues coming ahead of us).We might have been fixed by some people in government as alleged but that should not be a big issue which should give us sleepless nights,” Ruto said.

He said Jubilee government was committed to delivering the promises it made to Kenyans and nothing will stop them from living to their pledge.

The deputy president was accompanied by among others Narok county governor Samuel Ole Tunai and legislators, Gideon Konchellah(Kilgoris), Patrick Ntutu (Narok West), Ken Kiloku (Narok East), Johana Ngeno (Emurua Dikirr), Korei Lemein (Narok South), Mithika Linturi (Igembe South) and Francis Nderitu (Ndaragwa).

source: SDE 

President Uhuru Kenyatta wants 15 Mungiki ICC witnesses charged

President Uhuru Kenyatta says the Government wants to prosecute 15 Mungiki insiders who have confessed to crimes and are lined up to testify against him at the International Criminal Court ( ICC).

President Kenyatta has opposed an application by ICC Prosecutor Fatou Bensouda to restrict public testimony and secure immunity from prosecution for the Mungiki witnesses who have allegedly committed serious crimes.
The President’s defence team argues the 15 Mungiki members are ‘self confessed criminals’ and the prosecutor should turn over the evidence to Kenyan authorities so they can face the full force of the law.
Bensouda had asked the three judge bench to grant the Mungiki courtroom protective measures, including voice and image distortion, use of pseudonyms and in camera sessions for identifying evidence.
She has also asked the ICC judges to assure six of the witnesses that their self-incriminating evidence would not be used against them.
But Uhuru’s lawyers Steven Kay and Gillian Higgins have contested the demands saying they should testify in the open so that their lies are exposed in an application filed on Monday.
“The suppression of the identities and self incriminatory testimony of these witnesses would render the notion of a public trial farcical and would prevent the legitimate investigations, arrest and prosecution of key criminals responsible for post election violence and other crimes in Kenya by Kenyan authorities,” Uhuru’s lawyers argue.

Public hearing
Uhuru has asked judges to ensure the testimony of Mungiki witnesses is heard fully in public and that they are given no immunity from prosecution.
“Such measures constitute inducement to the identified witnesses to provide evidence to fit with the prosecution case and effectively grants immunity against prosecution for individuals who may either bear responsibility for acts of serious violence during post election violence or be falsely claiming to have committed such crimes,” his defence lawyers argued.
Uhuru’s lawyers say the prosecution relies entirely on 15 self-confessed criminals, either members or former members of the outlawed Mungiki sect, to state its case against the President.

In a new legal strategy, Uhuru maintained that evidence from the Mungiki witnesses is unique to the ICC since their criminal conduct was not captured in any report that inquired into the bloodshed that followed the bungled 2007 polls.
Their criminal undertakings were not cited in the Waki Report on the post election violence, the Kenya National Human Rights Commission Report and the prosecution’s case materials at the ICC, he argues.

“The ICC versions of their evidence do not correspond with any other evidential sources including national security reports,” the application adds.
“Therefore the only way Kenya can deal with the allegations of criminal conduct as alleged at the ICC is disclosure of the same to the Kenyan authorities,” Uhuru argues.
“The prevention of legitimate investigations by a State of serious crimes committed within the State as a result of the application of Rule 74 in the instant case would fundamentally contravene one of the reasons for the establishment of the ICC, namely the encouragement of States to investigate and prosecute criminals nationally,” adds the application.

Security concern
According to the Gambian born prosecutor, several top officials of the outlawed Mungiki sect were murdered after the post-election violence, a big security concern should their identities be disclosed.
She alleges the slain Mungiki officials were instrumental in the sects’ participation in the violence that rocked the country.
But Uhuru argues that denying the Kenyan authorities a chance to deal with the ‘criminal elements’ would contravene one of the reasons for the establishment of the ICC.
In the application, Uhuru appeared to discredit the ICC evidence saying the level at which the prosecution has relied on the testimony of ‘self confessed criminals’ is unprecedented.
Kay and Higgins say that during interviews with the prosecution, a number of the Mungiki witnesses confessed to having committed crimes.

They also say that defence investigations have unearthed crimes committed by the said witnesses, which are outside the ICC’s jurisdiction and the post election violence but which are relevant to the credibility of the said witnesses.

Citing illegal conduct by the prosecution, Uhuru, whose case is due to open on February 5, next year, has asked the judges to stop his trial altogether. Uhuru has cited “serious, sustained and wide-ranging abuse on the process of the court carried out by” three witnesses against him.

source: SDE