By James Wallunya
Summary
- Kenyan President Uhuru Kenyatta was to face trial at the International Criminal Court (ICC), suspected of planning and organizing crimes against humanity during violence that followed Kenya’s 2007 presidential election which killed over 1,333 and displaced 600,000.
- Kenyatta faced five (5) charges against humanity that include; Murder (article 7(l)(a)); Deportation or forcible transfer (article 7(l)(d)); Rape (article 7(l)(g)); Persecution (articles 7(l)(h)); and Other inhumane acts (article 7(l)(k)).
- Kenyatta’s case was confirmed on 23 January 2012 and dropped on 5 December 2014 with the ICC prosecutor Fatou Bensouda citing lack of sufficient evidence to prove Mr. Kenyatta’s criminal charges beyond reasonable doubt.
- The prosecutor stated that the trials could not proceed as key witnesses either died, were too terrified to testify, withdrew or changed their accounts/alleged that they lied to the prosecutor and that the Kenyan government non-compliance compromised the prosecutor’s ability to investigate the charges
On the 19th January 2015, the International Criminal Court’s (ICC) Office of the Prosecutor released a redacted version of the prosecution pre-trial brief (PTB) in Mr. Kenyatta’s case. The document contained the charges the accused faced with a timeline of events from the period before and after the 2007/2008 Kenya post-election violence with an alleged cover-up plot. The document released details not known before by the public, among these, was a list of people who were tasked or took part in organizing various elements that culminated in the violence.
Kenya’s Post election violence 2007/2008
Kenya went into violence in December 2007 after a hotly contested and flawed general election. The main contest was among the supporters of the incumbent President Mwai Kibaki and opposition Chief Raila Odinga, who were vying for the Presidential seat on different parties. Around 1,333 Kenyans were killed while 600,000 others displaced with scores raped, injured, scared and psychologically traumatized. The violence took an ethnic dimension with historical injustices and political alliances marking the ground for what became Kenya’s worst violence since independence.
Mr. Kenyatta’s alleged role
Mr. Kenyatta, a wealthy and prominent Party of National Unity (PNU) politician is said to have formed an elaborate plan and entered into an alliance with a fierce criminal organization known as the “Mungiki” together with other PNU supporters, paying them to keep PNU in power and to carry out attacks against perceived Orange Democratic Movement’s (ODM) supporters.
To do this, the Accused, who is alleged to have ‘long ties’ with the Mungiki; paid, armed, instructed and transported Mungiki members and other pro-PNU youths to the attack sites, where they committed crimes such as rape, murder and other acts to instill fear that left hundreds wounded, dead, and displaced or with mental injuries.
Mr. Kenyatta is alleged to not only orchestrate the attacks, but also took an active role in the mobilization of the Mungiki to carry out attacks against perceived ODM supporters and offered financial support for the sect.
Mr. Kenyatta is said to have also authorized the release of a cache of weapons to the Mungiki that included pangas (cutlass), automatic weapons, ammunition and grenades.
Mr. Kenyatta also sought the services of other people including local leaders who acted as intermediaries between Him and the Mungiki. These people were tasked with coordinating the attacks together with other responsibilities that ensured the success of the Mungiki.
The ICC maintains that this are only allegations.
Intermediaries
Mr. Kenyatta is said to have used intermediaries to offer the Mungiki a deal that included; monetary backing, allowing the sect to operate without police interfering, the release of any Mungiki member arrested by local police and ending extra judicial killings carried out by the government against the sect. In attempts to set communication between the Accused, PNU and the Mungiki, One Mr. Geoffrey Machira presented the offer to the Mungiki. Mr. Machira is thought to be an agent in the National Security and Intelligence Service (“NSIS”) who enjoyed direct access to the then President Mwai Kibaki and the Permanent Secretary to the Presidency, Head of Public Service, and Secretary to the Cabinet of the Government of Kenya, Mr. Muthaura.
The Accused and the PNU leaders also employed other intermediaries to secure an alliance with the Mungiki, including Reverend Samuel Murigu, Waitiri Michuki; wife of the then Minister of Internal Security and Provincial Administration, John Michuki and local politicians, who reached out to Mungiki leaders in their constituencies with the same offer Mr. Machira had conveyed.
Mr. George Thuo, on behalf of Mr. Kenyatta is said to have handed over cash to the Mungiki which they used to purchase weapons for the sect and other pro-PNU youth in the Rift Valley, recruit, transport and pay the militants. He also organized fundraisers and transport to take the Mungiki to and from the Rift Valley.
Mr. Muthaura, in January 2008, fulfilled earlier promises made to the Mungiki, no police interference to be particular, and organized for the release of Mungiki members who had been arrested for forcibly circumcising Luo men in Nairobi during the violence. He is said to organize the release of a Mungiki member whenever they were arrested and ensured the police did not interfere with Mungiki operations.
The Mungiki through Mr. Kimemia received automatic weapons, ammunition, grenades, camouflage uniforms and police handcuffs from Nakuru State House which they used to carry out the attacks in Nakuru. Mr. Kimemia also discussed logistics with the Mungiki and distributed money and materiel. He also organized meetings between the Accused and Mungiki members, transmitted the Accused’s orders, and maintained regular contact with senior Mungiki commanders during the execution stage of the attacks.
Mr. Manyara and Mr. Machira, among others, purchased, transported and distributed uniforms and weapons (guns and pangas) to the Mungiki attackers in Nakuru and elsewhere,
John Mututho, an MP from Mr. Kenyatta’s KANU party and Jayne Kihara, a former Naivasha MP were tasked with coordinating the Naivasha attacks while David Manyara coordinated attacks in Nakuru. Mwangi Kiunjuri, a Lakipia East MP, provided arms and attended fundraisers on behalf of Mr. Kenyatta to distribute funds to the Mungiki.
SOURCES.
Fatou Bensouda. (19January2015). Public Redacted Version of “Second updated Prosecution pre-trial brief”, . Hague, Netherlands: The Office of the Prosecutor: international criminal court.
Fatou Bensouda. (2014). Notice of withdrawal of charges aganist Mr. Uhuru Muigai Kenyatta. Hague, Netherlands: Office of the Prosecutor.
Image Credit: http://www.bbc.co.uk/news/world-africa-23359940
Kenya’s Post election violence 2007/2008
Kenya went into violence in December 2007 after a hotly contested and flawed general election. The main contest was among the supporters of the incumbent President Mwai Kibaki and opposition Chief Raila Odinga, who were vying for the Presidential seat on different parties. Around 1,333 Kenyans were killed while 600,000 others displaced with scores raped, injured, scared and psychologically traumatized. The violence took an ethnic dimension with historical injustices and political alliances marking the ground for what became Kenya’s worst violence since independence.
Mr. Kenyatta’s alleged role
Mr. Kenyatta, a wealthy and prominent Party of National Unity (PNU) politician is said to have formed an elaborate plan and entered into an alliance with a fierce criminal organization known as the “Mungiki” together with other PNU supporters, paying them to keep PNU in power and to carry out attacks against perceived Orange Democratic Movement’s (ODM) supporters.
To do this, the Accused, who is alleged to have ‘long ties’ with the Mungiki; paid, armed, instructed and transported Mungiki members and other pro-PNU youths to the attack sites, where they committed crimes such as rape, murder and other acts to instill fear that left hundreds wounded, dead, and displaced or with mental injuries.
Mr. Kenyatta is alleged to not only orchestrate the attacks, but also took an active role in the mobilization of the Mungiki to carry out attacks against perceived ODM supporters and offered financial support for the sect.
Mr. Kenyatta is said to have also authorized the release of a cache of weapons to the Mungiki that included pangas (cutlass), automatic weapons, ammunition and grenades.
Mr. Kenyatta also sought the services of other people including local leaders who acted as intermediaries between Him and the Mungiki. These people were tasked with coordinating the attacks together with other responsibilities that ensured the success of the Mungiki.
The ICC maintains that this are only allegations.
Intermediaries
Mr. Kenyatta is said to have used intermediaries to offer the Mungiki a deal that included; monetary backing, allowing the sect to operate without police interfering, the release of any Mungiki member arrested by local police and ending extra judicial killings carried out by the government against the sect. In attempts to set communication between the Accused, PNU and the Mungiki, One Mr. Geoffrey Machira presented the offer to the Mungiki. Mr. Machira is thought to be an agent in the National Security and Intelligence Service (“NSIS”) who enjoyed direct access to the then President Mwai Kibaki and the Permanent Secretary to the Presidency, Head of Public Service, and Secretary to the Cabinet of the Government of Kenya, Mr. Muthaura.
The Accused and the PNU leaders also employed other intermediaries to secure an alliance with the Mungiki, including Reverend Samuel Murigu, Waitiri Michuki; wife of the then Minister of Internal Security and Provincial Administration, John Michuki and local politicians, who reached out to Mungiki leaders in their constituencies with the same offer Mr. Machira had conveyed.
Mr. George Thuo, on behalf of Mr. Kenyatta is said to have handed over cash to the Mungiki which they used to purchase weapons for the sect and other pro-PNU youth in the Rift Valley, recruit, transport and pay the militants. He also organized fundraisers and transport to take the Mungiki to and from the Rift Valley.
Mr. Muthaura, in January 2008, fulfilled earlier promises made to the Mungiki, no police interference to be particular, and organized for the release of Mungiki members who had been arrested for forcibly circumcising Luo men in Nairobi during the violence. He is said to organize the release of a Mungiki member whenever they were arrested and ensured the police did not interfere with Mungiki operations.
The Mungiki through Mr. Kimemia received automatic weapons, ammunition, grenades, camouflage uniforms and police handcuffs from Nakuru State House which they used to carry out the attacks in Nakuru. Mr. Kimemia also discussed logistics with the Mungiki and distributed money and materiel. He also organized meetings between the Accused and Mungiki members, transmitted the Accused’s orders, and maintained regular contact with senior Mungiki commanders during the execution stage of the attacks.
Mr. Manyara and Mr. Machira, among others, purchased, transported and distributed uniforms and weapons (guns and pangas) to the Mungiki attackers in Nakuru and elsewhere,
John Mututho, an MP from Mr. Kenyatta’s KANU party and Jayne Kihara, a former Naivasha MP were tasked with coordinating the Naivasha attacks while David Manyara coordinated attacks in Nakuru. Mwangi Kiunjuri, a Lakipia East MP, provided arms and attended fundraisers on behalf of Mr. Kenyatta to distribute funds to the Mungiki.
SOURCES.
Fatou Bensouda. (19January2015). Public Redacted Version of “Second updated Prosecution pre-trial brief”, . Hague, Netherlands: The Office of the Prosecutor: international criminal court.
Fatou Bensouda. (2014). Notice of withdrawal of charges aganist Mr. Uhuru Muigai Kenyatta. Hague, Netherlands: Office of the Prosecutor.
Image Credit: http://www.bbc.co.uk/news/world-africa-23359940