Dr. Job
JF-Expert Member
- Jan 22, 2013
- 813
- 220
Uhuru and Ruto ICC cases: The Wicked abuse of the Kenyan State
If the ongoing ICC cases hit the rocks, it wont be because Uhuru and Ruto are innocent but precisely due to the wanton exploitation of Kenyan state resources and authority to weaken the prosecutions case. There is already precedent the successful use of the Kenyan state (under the Kibaki administration) to sabotage and force the withdrawal of Francis Muthauras case. This is in fact the impetus that motivated Uhuruto to do all that is necessary to acquire state power then use it to quash their respective cases.
Why was the Muthaura case dropped (March 2013)?
While most people hastily cite the withdrawal of Witness 4 as the reason behind the cases collapse, the ICC prosecutor clearly outlined the reasons in her notice for withdrawal of charges. She cited the following severe challenges being responsible for her withdrawal of Muthauras case:
http://icc-cpi.int/en_menus/icc/press and media/press releases/Pages/OTP-statement-11-03-2013.aspx
The small-budget-outfit of the OTP felt no need of further devoting limited resources playing ping-pong with the deep pockets of Kenyas Treasury. Therefore, make no mistake the same strategy (whose modus operandi is; witness assassination, intimidation, and bribery) is currently being employed to collapse the Uhuruto cases. The two suspects not only consider themselves head and deputy head of state, they see themselves as the state!
Interrogating minds will also notice the conspicuous failure by Kenyan mainstream media to accurately report the real reasons cited by OTP to abandon its prosecution of Muthauras case. Local media has disingenuously and mischievously feigned ignorance and used conspiracy propaganda to portray Muthaura as an innocent pawn who was unfairly targeted as a scapegoat in a high-stakes internationally-mediated political chess. The same stance has been unethically adopted by media in arguing the case of Uhuruto in the court of public opinion. The local media narrative has in effect swapped the actual victims of PEV, from IDPs and those persecuted, maimed, raped, killed, or widowed, to the two suspects who media has bestowed sainthood.
Riding on this momentum, the Uhuruto duo has figuratively smelled blood, therefore upping their misappropriation of Kenyan state resources and authority. The following state institutions and officers have all been redirected to focus on exculpating the duo the Attorney General (sleek non-cooperation and witness identification); the Police and NSI (identifying and chipping away witnesses); Judiciary (use of Kenyan courts to seek secret phone communication records between OTP witnesses/ courts effectively blocking OTP investigations of senior police and provincial administration officers); Foreign Affairs Ministry (shuttle diplomacy /AU and UN lobbying; regional state visits within African capitals hosting some OTP witnesses); Mainstream Media (skewing reports such as the misleading news about nonexistent witness withdrawals); and blatant use of the Presidential and Deputy Presidential megaphones to finally put the last nail into the coffin of these cases.
A classic example of William Ruto using the Deputy Presidents megaphone to further intimidate remaining witnesses (who have not yet been assassinated, intimidated, or bribed) is here:
ICC trial proceedings to suprise Kenyans, William Ruto says - Politics - nation.co.ke
The reality is that in a Third World country like Kenya, it is extremely difficult for a witness to stand in court (foreign or local) and actually testify against a sitting President or Deputy President without being terrified about their security! This is why the last election had to be rigged at all cost to make the suspects President and Deputy President; voting figures had to be slowly and painstakingly manipulated to avoid a run-off. Remember, Uhuruto are not just fighting to avoid jail time, they are also fighting to save their entire financial fortunes against asset seizures, forfeitures, and confiscation.
All this fight is happening at our own cost taxpayers! Taxes are specifically being raised to afford the expensive enterprise. VAT tax is being raised on basic commodities like milk to afford MPs the luxuries needed to pay for the kind of trips they make accompanying Ruto to the Hague. Sisi ni wajinga kweli! The Kenyan state is being expropriated for the personal benefit of two ICC suspects and their sycophants in Parliament. PEV victims are basically forgotten footnotes in our history. It is indeed the utmost height of impunity whereby those concerned with the wicked abuse of the Kenyan state are brashly asked to move on!
Dr. Job
If the ongoing ICC cases hit the rocks, it wont be because Uhuru and Ruto are innocent but precisely due to the wanton exploitation of Kenyan state resources and authority to weaken the prosecutions case. There is already precedent the successful use of the Kenyan state (under the Kibaki administration) to sabotage and force the withdrawal of Francis Muthauras case. This is in fact the impetus that motivated Uhuruto to do all that is necessary to acquire state power then use it to quash their respective cases.
Why was the Muthaura case dropped (March 2013)?
While most people hastily cite the withdrawal of Witness 4 as the reason behind the cases collapse, the ICC prosecutor clearly outlined the reasons in her notice for withdrawal of charges. She cited the following severe challenges being responsible for her withdrawal of Muthauras case:
Several potential witnesses against Muthaura already interviewed by OTP ended up dead.
Other potential witnesses against Muthaura uncovered in OTP investigations were afraid to give testimony those contacted were afraid to come forward [effectively intimidated].
There was lack of cooperation from the Kenyan government (concerted sabotage using the Judiciary and the Attorney General) with regard to provision of requested evidence from senior police officers and provincial administration in-charge during PEV. The latter took orders from Muthaura during PEV.
Then of course the withdrawal of the key Witness 4 who admitted lying to OTP about being present with Muthaura and Mungiki representatives in the State House PEV planning meeting. However it was still damning that Witness 4 also admitted receiving money to withdraw his testimony (confirming the OTP allegation of bribery of its witnesses by defense).
Here it is in the Prosecutors own words: Other potential witnesses against Muthaura uncovered in OTP investigations were afraid to give testimony those contacted were afraid to come forward [effectively intimidated].
There was lack of cooperation from the Kenyan government (concerted sabotage using the Judiciary and the Attorney General) with regard to provision of requested evidence from senior police officers and provincial administration in-charge during PEV. The latter took orders from Muthaura during PEV.
Then of course the withdrawal of the key Witness 4 who admitted lying to OTP about being present with Muthaura and Mungiki representatives in the State House PEV planning meeting. However it was still damning that Witness 4 also admitted receiving money to withdraw his testimony (confirming the OTP allegation of bribery of its witnesses by defense).
http://icc-cpi.int/en_menus/icc/press and media/press releases/Pages/OTP-statement-11-03-2013.aspx
Statement by ICC Prosecutor on the Notice to withdraw charges against Mr Muthaura
I wish to inform you, that today I filed a notice to the Judges to withdraw charges against Mr. Francis Kirimi Muthaura. I have done so after carefully considering all the evidence available to me at this time. It is my duty to proceed only when I believe that there is a reasonable prospect of conviction at trial. If not, then it is my responsibility as Prosecutor to take the decision to withdraw the charges
This is an exceptional decision. I did not take it lightly, but I believe it is the right thing to do.
I explained to the Judges the reasons for my decision, specifically, the severe challenges my Office has faced in our investigation of Mr. Muthaura;
* the fact that several people who may have provided important evidence regarding Mr Muthauras actions, have died, while others are too afraid to testify for the Prosecution.
* the disappointing fact that the Government of Kenya failed to provide my Office with important evidence, and failed to facilitate our access to critical witnesses who may have shed light on the Muthaura case.
* the fact that we have decided to drop the key witness against Mr. Muthaura after this witness recanted a crucial part of his evidence, and admitted to us that he had accepted bribes.
In conclusion, let me remind you all of my unwavering commitment to justice for the victims of the 2007-2008 post-election violence. The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes and whose voices must not be forgotten. I will not forget them.
It is therefore patently clear that Muthauras case was only dropped because of the adept use of Kenyan state levers to (in short): assassinate, intimidate, and bribe witnesses to weaken the case. It is essentially the same thing that happened with Gen. Alis case. It succeeded. I wish to inform you, that today I filed a notice to the Judges to withdraw charges against Mr. Francis Kirimi Muthaura. I have done so after carefully considering all the evidence available to me at this time. It is my duty to proceed only when I believe that there is a reasonable prospect of conviction at trial. If not, then it is my responsibility as Prosecutor to take the decision to withdraw the charges
This is an exceptional decision. I did not take it lightly, but I believe it is the right thing to do.
I explained to the Judges the reasons for my decision, specifically, the severe challenges my Office has faced in our investigation of Mr. Muthaura;
* the fact that several people who may have provided important evidence regarding Mr Muthauras actions, have died, while others are too afraid to testify for the Prosecution.
* the disappointing fact that the Government of Kenya failed to provide my Office with important evidence, and failed to facilitate our access to critical witnesses who may have shed light on the Muthaura case.
* the fact that we have decided to drop the key witness against Mr. Muthaura after this witness recanted a crucial part of his evidence, and admitted to us that he had accepted bribes.
In conclusion, let me remind you all of my unwavering commitment to justice for the victims of the 2007-2008 post-election violence. The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes and whose voices must not be forgotten. I will not forget them.
The small-budget-outfit of the OTP felt no need of further devoting limited resources playing ping-pong with the deep pockets of Kenyas Treasury. Therefore, make no mistake the same strategy (whose modus operandi is; witness assassination, intimidation, and bribery) is currently being employed to collapse the Uhuruto cases. The two suspects not only consider themselves head and deputy head of state, they see themselves as the state!
Interrogating minds will also notice the conspicuous failure by Kenyan mainstream media to accurately report the real reasons cited by OTP to abandon its prosecution of Muthauras case. Local media has disingenuously and mischievously feigned ignorance and used conspiracy propaganda to portray Muthaura as an innocent pawn who was unfairly targeted as a scapegoat in a high-stakes internationally-mediated political chess. The same stance has been unethically adopted by media in arguing the case of Uhuruto in the court of public opinion. The local media narrative has in effect swapped the actual victims of PEV, from IDPs and those persecuted, maimed, raped, killed, or widowed, to the two suspects who media has bestowed sainthood.
Riding on this momentum, the Uhuruto duo has figuratively smelled blood, therefore upping their misappropriation of Kenyan state resources and authority. The following state institutions and officers have all been redirected to focus on exculpating the duo the Attorney General (sleek non-cooperation and witness identification); the Police and NSI (identifying and chipping away witnesses); Judiciary (use of Kenyan courts to seek secret phone communication records between OTP witnesses/ courts effectively blocking OTP investigations of senior police and provincial administration officers); Foreign Affairs Ministry (shuttle diplomacy /AU and UN lobbying; regional state visits within African capitals hosting some OTP witnesses); Mainstream Media (skewing reports such as the misleading news about nonexistent witness withdrawals); and blatant use of the Presidential and Deputy Presidential megaphones to finally put the last nail into the coffin of these cases.
A classic example of William Ruto using the Deputy Presidents megaphone to further intimidate remaining witnesses (who have not yet been assassinated, intimidated, or bribed) is here:
ICC trial proceedings to suprise Kenyans, William Ruto says - Politics - nation.co.ke
Mtashangaa na ile maneno itakuwa huko Hague. (You will be suprised by what will happen in The Hague), he said without elaborating.
Just pause for a moment! A sitting countrys Deputy President going to Nyeri (ethnic backyard of OTP witnesses lined up against him) and unleashing that coded warning (above) clearly aims at intimidating or interfering with the testimony of witnesses already lined up to testify against him. Fearful witnesses may alter or tone down their testimony fearful of their lives or security of relatives. Is anyone surprised that witnesses have been disappearing?
The reality is that in a Third World country like Kenya, it is extremely difficult for a witness to stand in court (foreign or local) and actually testify against a sitting President or Deputy President without being terrified about their security! This is why the last election had to be rigged at all cost to make the suspects President and Deputy President; voting figures had to be slowly and painstakingly manipulated to avoid a run-off. Remember, Uhuruto are not just fighting to avoid jail time, they are also fighting to save their entire financial fortunes against asset seizures, forfeitures, and confiscation.
All this fight is happening at our own cost taxpayers! Taxes are specifically being raised to afford the expensive enterprise. VAT tax is being raised on basic commodities like milk to afford MPs the luxuries needed to pay for the kind of trips they make accompanying Ruto to the Hague. Sisi ni wajinga kweli! The Kenyan state is being expropriated for the personal benefit of two ICC suspects and their sycophants in Parliament. PEV victims are basically forgotten footnotes in our history. It is indeed the utmost height of impunity whereby those concerned with the wicked abuse of the Kenyan state are brashly asked to move on!
Dr. Job