Njenga promises Uhuru rough time in Central

Former Mungiki leader Maina Njenga is ready to stop Uhuru Kenyatta’s political bus in its tracks and has warned the Deputy Prime Minister to prepare for the mother of all battles.
Maina Njenga claimed that he supported the DPM’s presidential campaign in 2002, when Uhuru was Kanu’s and former President Moi’s preferred choice for State House
At the time, Maina Njenga was the leader of the Mungiki (loosely translated to mean ‘multitude’ or ‘a united people’).
“I know Uhuru very well. In 2002, I championed his campaigns as I went to every part of the country lobbying for his presidency. He can still come we sit down and bury the hatchet,” said Njenga.
But contacted on Sunday on phone, Uhuru’s spokesman Mr Munyori Buku refused to comment on the allegations by Njenga.
Njenga accused Uhuru of failing to address challenges facing the youth in Central Kenya, adding that this led him (Uhuru) to lose their support.
“I want to remind him that charity begins at home, so Uhuru should not jeopardise his youth support base in Central,” said Maina.
Njenga, who declared that he would be seeking a political seat in the coming general election, has vowed to engage Uhuru in a political supremacy battle in his Central Province backyard to the end.
planned meeting
He said he plans to attend a meeting in Limuru on Wednesday dubbed Limuru 2B, to be addressed by among others, retired Anglican Church Archbishop Dr David Gitari.
The meeting is to counter an earlier one organised by leaders of the Gikuyu Embu and Meru Association (Gema) that endorsed Uhuru to carry the presidential torch for Central Kenya in the coming general election.
A previous Limuru 2B meeting organised by Njenga and others aborted after police blocked youth and organisers from the venue citing security concerns, drawing heavy criticism from Uhuru’s political rivals and a section of civil society.
Njenga said on Sunday that he hoped the police would allow them to exercise their constitutional right to assemble and chart their political destiny in Limuru on Wednesday.
One of the organisers of the meeting, Mr Wambugu Ngunjiri revealed that in addition to Rev Gitari as the key speaker, others expected to address the meeting include senior counsel and former Kabete MP Paul Muite, Imenti Central MP Gitobu Imanyara and his Igembe South counterpart Mithika Linturi.
Urging his supporters to attend the meeting without fear of the police, Njenga said the forum would lay the ground for his political journey.
“After there we will go to Mombasa and even engage the MRC (Mombasa Republican Council) that everyone is rushing to talk to. We will tell them that the problems they have are similar to what we have in Central and so they should not speak of secession,” said Njenga.
Speaking at his Hope International Ministries church, Njenga said he would organise a meeting at Nairobi’s Kamukunji grounds to declare the party on which he will contest a political seat, and guide his supporters on whom to back in the next elections. He did not, however, name the seat he would vie for.We saw Uhuru launch his party the other day and we also want to tell him that we will soon be launching ours. I will come back here and also tell you where we will stand come the next polls,” said Maina.
But Maina said he does not support political violence and urged youth in Central Kenya to restrain themselves from acts of political violence.
The former Mungiki leader also appeared to extend an olive branch to Uhuru, his alleged friend-turned-foe, saying despite their differences he was willing to talk with him and chart a common political destiny.
He said that contrary to allegations made in some quarters, his supporters had not planned to disrupt Uhuru’s political functions.
disbanded group
“If I am the one who led Uhuru’s campaign in 2002, how can I now be on the forefront to disrupt his meetings?” he posed?
He also took issue with those claiming that the proscribed Mungiki group, which he led, was regrouping and planning violence in the country saying the illegal outfit had long been disbanded.
He claimed those behind the allegations fear losing their political clout to the youth.
Njenga particularly took issue with Laikipia East legislator Mwangi Kiunjuri, claiming the legislator is responsible for the claims about the resurgence of the outlawed group linked in various reports in the recent past to extortion and murder as well as the 2008 post-election violence.
“These reckless statements from Kiunjuri must be investigated so that he can tell Kenyans what he knows. But if he has his own problems with the youth in Laikipia he should not blame us, let him wage his battle without invoking our names,” he said.
He added: “I personally have my own issues to worry about including fabricated court cases, so let him and Uhuru fight their battles without involving us. I personally have no war with anyone.”

Intelligence warns Central on Mungiki and rallies

Mungiki is back with a vengeance in Central Kenya’s politics and leaders in the region are running scared.
Many who had relied on the banned sect to secure votes in the past are now a worried lot. However, the net extends to political leaders who are being coerced into backing a particular political leader.
Former Mungiki chairman Maina Njenga has already fallen out with most politicians within the region and is seen as providing a stiff competition to the local leadership.
Njenga has been pushing for a different agenda after he was denied a chance to address a Gema meeting in Limuru that was attended by leaders from the region.
He tried to hold another meetingdubbed Limuru 2B at the same venue but police tear gassed the participants.
But what worries many is that the group, associated with gruesome killings and extortion in the recent past, is now working for certain political interests.
Intelligence reports indicate that the sect is regrouping and planning to sabotage political activities of some leaders in Central Kenya.
The revelations have sent panic among politicians in the region who are demanding immediate action by police to clamp down on the group that is feared for its macabre killings.
Assistant Minister Mwangi Kiunjuri who was allegedly mentioned in the report as a target of the group, said he would not be intimidated into abandoning his political ambitions.
It is instructive that Kiunjuri, who was all along perceived to be charting his own political path under the Grand National Union (GNU) party was present at last weekend’s launch of The National Alliance in Nairobi by Deputy Prime Minister Uhuru Kenyatta. His presence raised eyebrows as to whether he had abandoned his earlier stance.
Kieni MP Nemesyus Warugongo also demanded immediate action from the police now that the lid has been lifted on the intentions of the sect members.
The panic hitting politicians in the region indicates that a frosty relationship between the leaders and the youth is in the offing as the election mood grips the country.
Kenyatta, who is viewed as the de facto leader of the region and its preferred presidential flag bearer, has also been named in the intelligence report as a target of the illegal group.
This has angered the local politicians, who want the police to nip in the bud the activities of the sect before the country goes into the electioneering. “This is very disturbing information, which police should not take lightly. Its members forms a critical component of the voters which we cannot wish away but we must not allow them to go overboard,” said a politician eyeing a seat in Murang’a County.
serious claims
The politician, who declined to be named for fear of being a target of the group, said it would be naïve for politicians to deny that the members of the group are not usually among their supporters.
“It is something we cannot run away from. What we do not condone is their violent nature, which police should deal with,” said the politician.
An angry Kiunjuri on Thursday demanded that the Government crushes the group now that it has information about its dirty intentions.
He distanced himself from the group saying its members have never supported his political activities in Laikipia.
Speaking to The Standard, Kiunjuri said the onus was on police to investigate the serious claims that there was a plot to disrupt his rallies in Nanyuki.
“This report is very disturbing, there is no time I have associated myself with Mungiki and saying that I have lost their support is very ridiculous,” said Kiunjuri. Kiunjuri who is aspiring for the Laikipia governorship said he was not interested in the votes of the sect members.
“Having been in politics for a long time, if it will take the Mungiki vote for me to get any political seat, then it is better I miss the seat,” said Kiunjuri.
disrupt event
He added: “Police should give us adequate security now that they are in possession of the information what these people want to do. But I can assure them I will not be intimidated.”
He said police should ensure that all Kenyans have the freedom of association and speech as enshrined in the constitution.
Kiunjuri, who is also the Laikipia East MP, was reacting to an exclusive story by The Standard on Wednesday revealing that intelligence reports indicated that Mungiki had been revamped. The report indicated that the sect had formed a disciplinary ‘hit squad’ nicknamed “Chapa Squad’ in some parts of Rift Valley and Central.
It also claimed that intelligence indicated that followers of the sect had been directed to disrupt all political meetings by Uhuru.
“The sect members within Nanyuki are also planning to disrupt political rallies organised by Mwangi Kiunjuri within Laikipia for allegedly abandoning them,” the report stated.
In his reaction, Kiunjuri said that it was unfortunate that police knew the identity of the Mungiki members but would not arrest them. “These people are known. I hear 14 of them attempted to disrupt a function attended by soccer Star Samuel Eto’o, but nothing happened to them,” said Kiunjuri.
Warugongo said the Government should beef up security in all political meetings to ensure that peace prevails.
“I don’t know why they want to disrupt political meetings and yet they have no been forced to support a particular candidate. If they have their own candidate let them support him,” said the MP.
Security officials in the region remained tight-lipped over the resurgence of the Mungiki with Central Provincial Police boss John M’Mbijjiwe declining to comment on the issue

Police intensify crackdown on Mungiki

Police have been instructed to intensify crackdown on the outlawed Mungiki sect after reports indicated the group was being revamped.
Reports indicate that the sect has formed a disciplinary and hit squad nicknamed Chapa Squad that is being led by a Mungiki follower from Nakuru County with the support of other leaders from Nairobi and Central provinces.
According to a confidential report from Commissioner of Police Mathew Iteere to all provincial police commanders, CID officers and head of Anti-Terrorism Police Unit, the Chapa Squad has been tasked to revive collect information that will assist in the operations of the sect.
disrupting meetings
Apart from the squad, the sect has allegedly formed a council of elders and appointed wards and regional leaders who will be coordinating operations.
The report also claims that intelligence reports show the sect followers have been directed to disrupt all political meetings that will be addressed by Deputy Prime Minister Uhuru Kenyatta by heckling him.
“The sect leaders within Nanyuki are also planning to disrupt all political rallies organised by Mwangi Kiunjuri within Laikipia, accusing him of neglecting them,” reads part of the report.
The report identified alleged top Mungiki leaders who are behind a series of robberies and carjacking incidents in Murang’a County. Iteere told his officers in the field to deal with anyone breaking the law.
The letter mentions former Mungiki leader Maina Njenga as being part of the leadership. But Njenga denied the claims on Tuesday and termed them political and meant to taint him.
The letter is copied to GSU boss William Saiya, CID boss Ndegwa Muhoro, PPOs Anthony Kibuchi (Nairobi), Francis Munyambu (Rift Valley), John Mbijiwe (Central), Leo Nyongesa (North Eastern), Aggrey Adoli (Coast), Njue Njagi (Nyanza), Kibui Githinji (Western) and ATPU’s Boniface Mwaniki, an indication of the seriousness that police are giving the issue.
Njenga and other Central Kenya leaders are planning a major meeting on May 30 at the Jumuia Conference Centre in Limuru following the disruption of a similar one last month. Police have been ordered by the court to provide security for the meeting.
By Cyrus Ombati

Politicians double speak to woo voters

http://www.youtube.com/watch?feature=player_embedded&v=EZHmcw6x55M

CID Wants ICC Witness 4 Identified in a Probe Targeting Makau Mutua

CID director Ndegwa Muhoro/FILE

The Criminal Investigations Department now wants the identity of an alleged International Criminal Court witness who was filmed retracting his evidence verified.

The department has written to Attorney General Githu Muigai seeking his help to ascertain whether James Maina Kabutu is indeed ICC witness 4 as claimed.

The details are curiously being sought in a probe targeting university scholar Makau Mutua who is accused of harassing anti-ICC activist David Matsanga.

Matsanga has accused Mutua of harassment in articles published in the Sunday Nation in March 2012.

In the articles, Mutua had complained that there was interference with ICC witnesses and argued that witness 4 was coerced to retract his evidence.

The CID now wants to know what role Mutua plays in the ICC, after claiming that in 2010, he trained ICC prosecutors involved in the Kenya case.

“Before we continue with our investigations, we would wish to have it confirmed that indeed the person named James Kabutu Maina is a witness of the ICC in the current proceedings against four Kenyan suspects,” Kenya’s CID director Ndegwa Muhoro states, in a letter to the AG dated May 2.

“In this regard, we are requesting your office to facilitate an enquiry directed at the ICC prosecution concerning this matter. Our investigation can only be conclusive if we have this confirmation,” the letter that is also copied to Internal Security Minister Professor George Saitoti, Director of Public Prosecutions Keriako Tobiko and Commissioner of Police Mathew Iteere reads.

The CID has also asked the AG to initiate an investigation on Mutua’s involvement with the ICC, particularly if he had been hired by the war crimes court to train investigators handling the Kenyan cases.

The CID director states in his letter that he has information to the effect that Mutua “was instrumental in training ICC prosecution investigators on the Kenyan case in or around March 2010.”

“We also wish to request you to facilitate an enquiry directed at the Office of the Prosecutor of the ICC regarding any official assignment which that office may have given to Prof Makau generally or in relation to Mr James Kabutu Maina, in the event Mr Kabutu is indeed a prosecution witness at the ICC,” Muhoro wrote.

Muhoro states in his letter that his department is investigating if Matsanga or Mutua had in any way interfered with an ICC witness or witnesses in their publications.

The allegation was first raised in Mutua’s publications – one of them titled Did Key Ocampo witness recant his testimony? which was published on in the Sunday Nation of March 11, 2012 and the second one titled How they tampered with Ocampo Witness published in the Sunday Nation of March 18, 2012.

In his first article, Mutua stated that Kabutu was ICC prosecution witness 4 currently in protective custody in USA and that the he had travelled to Kenya from Swaziland on a UN Diplomatic passport under the name Peter Karanja so as to testify before the Waki Commission.

He went on to state that Kabutu had lied on oath either to the Waki Commission and the ICC or lied on oath in his deposition.

In the second article, Mutua said Kabutu had recanted his testimony before CIPEV under duress. He accused two officials of the then Kenya National Commission on Human Rights of bribing and threatening Kabutu to elicit a recantation and claimed there were what he termed as “dark forces out to scuttle the Hague trials of the Ocampo four.”

The CID concludes that “from both articles, it is apparent that Mutua has either been involved with Kabutu from early 2008 to present or is at least privy to matters concerning him.”

The CID director however, he is not sure of Mutua’s capacity and role in such involvement, if any.

“We are investigating this matter and would like to interview Matsanga, Mutua and others who may have useful information on this matter,” the CID director said in the letter in which he clarifies that “such information would assist us to address the complaint raised by the Office of the Prosecutor.”

The CID director wants the AG to seek answers from the ICC Prosecution office in The Hague on the nature of contacts Makau has had with witness 4 who is said to have testified against Kenya’s deputy Prime Minister Uhuru Kenyatta and former Head of the Civil Service Francis Muthaura in Case Two.

“The CID would be interested to know the nature of any contacts Mutua may have had with this person, the context of any such contacts and whether in the course of any such contacts, a crime or crimes under the International Crimes Act may have been committed,” Muhoro states in his letter.

Muhoro says his investigation commenced on March 2 when Matsanga posted on a website associated to him material allegedly relating to Kabutu.

The material relates to a deposition alleged to have been taken in the USA where the said witness recanted all the evidence he had offered to the Waki Commission and which was apparently subsequently forwarded to the ICC.

Soon after Matsanga posted the deposition on the website associated with him, Mutua published two articles in his regular column of the Sunday Nation, with an elaborate critique of the alleged recanted evidence.

This prompted Matsanga through his lawyer to write a formal complaint to the CID, accusing Mutua of interfering with the ICC cases and defaming him.

Mutua when summoned to record a statement, instead sent his lawyer Paul Muite who urged police to use other avenues in a defamation case instead of harassing his client.

“I have reviewed the contents of the two articles in the context of Dr Matsanga’s complaint with regard to defamation. This is a civil issue and no one is stopping Dr Matsanga from pursuing his rights in that regard in the civil court,” Muite said in his statement to the police dated April 17.

He said he had gone through articles published by his clients and could not see anything defamatory to Matsanga.

“So who is interfering with witnesses? My clients and I are surprised that the CID are taking the trouble to ask my clients to record statements spending their time and tax payers money instead of investigating Dr Matsanga,” he said.

Muite has advised his client against travelling to Kenya to record statements with the police over Matsanga’s complaint.

Source: Capital FM

ICC Lawyers in Kenya for Fresh Evidence

Top lawyers and investigators from the International Criminal Court have made a fresh visit to the 2007-08 post-election violence hot spots in Eldoret, Naivasha and Nakuru. The team is carrying out further investigations into the cases against four Kenyans faced with trial at the Hague. The team led by a lawyer from West Africa has interrogated more than 100 witnesses including victims and individuals mentioned in the Waki Commission report which probed the violence.

The Office of the ICC Prosecutor Luis Moreno-Ocampo has relied heavily on the Waki Report which has details of who, when and where the violence occurred and was planned. The ICC has scheduled a status conference on June 11 and 12 at the Hague to fix the dates when the cases will be heard. Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and Kass FM radio journalist Joshua arap Sang with their lawyers are expected to appear before the Trial Chamber judges during the conference.

Among the investigating team in Kenya are two female lawyers from an East African country and Ghana respectively. Two top-notch crime investigators are involved in the latest probe in which the ICC is seeking to further strengthen the evidence it has for the poll violence cases. “I was interviewed by some foreigners who indicated that they are from the ICC and I told them what I know about the violence and how it happened,” said one of the victims who suffered injuries during the violence in Nakuru.

The team also took more photographs of the violence hots pots including the Kiambaa KAG Church where more than 30 people were burned alive during the chaos. The ICC presidency constituted Trial Chamber V and assigned jJudges Christine Van den Wyngaert (Belgium), Kuniko Ozaki (Japan) and Chile Eboe-Osuji (Nigeria) to handle the Kenyan cases.

Outgoing chief prosecutor Ocampo has indicated that he will not oppose an application to have the cases put on hold until after the general election in which Uhuru and Ruto have declared their interest to run for presidency.

The Star has learnt that the reason Ocampo will not oppose any delay of the hearings is that the ICC prosecution wants to use the extra time to tighten its case against the four by sieving through fresh evidence and possibly getting additional witnesses. Ocampo is confident that the four will lose the jurisdiction challenge they have filed.

Incoming Prosecutor Fatou Bensouda is reportedly already keenly handling the Kenyan situation which she will take up fully as Ocampo’s tenure ends. A human rights activist in Naivasha said the ICC lawyers this time around wants to deal with people who may have further crucial evidence. “They have been here for three days and went round talking to victims and visiting some areas,” said the rights activist.

In the case Ocampo accuses the four of having a network that planned and executed the violence. Yesterday sources indicated that some of the ICC witnesses and their families who are abroad have been relocated to safer locations after Ocampo complained of about their safety. They have been placed under further tight security and their children enrolled for education at schools mostly in Europe.
Source: The Star

Ocampo 4 Appeal Rejected, Cases Set for Full Trial

The four Kenyans facing crimes against humanity at the International Criminal Court (ICC) look set to stand trial after the court rejected their appeal on jurisdiction.

The Appeals Chamber unanimously rejected the jurisdiction challenge raised by Deputy Prime Minister Uhuru Kenyatta, former head of the civil service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua arap Sang.

The Defence teams of the accused had challenged the court’s jurisdiction before the Pre-Trial Chamber.

The Ocampo Four submitted that the ICC had no jurisdiction and also contested the interpretation of the term ‘organisational policy’ as a component of crimes against humanity under article 7 (2) (a) of the Rome Statute.

" In its decisions, today (Thursday), the Appeals Chamber indicated that the interpretation and existence of an ‘organisational policy’ relate to the substantive merits of this case as opposed to the issue of whether the Court has subject-matter jurisdiction to consider such questions," said the ICC in a statement.

The Appeals Chamber ruled that "whether the Prosecutor can establish, in law and on the evidence, the existence of such a policy is not a question of jurisdiction, but rather a question to be determined on the merits".

"The Appeals Chamber concluded that the issues raised on appeal are therefore not properly before the Appeals Chamber. The Appeals Chamber decisions relate only to the issues raised by the accused and are with no prejudice to the merits of the cases," said the statement.

The judges found that the ICC has "subject-matter jurisdiction" over the crimes.

On January 30, the defence teams of the accused filed their appeal requesting the Appeals Chamber to find that the Pre-Trial Chamber, which had confirmed their cases a week earlier, had made legal, factual or procedural errors stemming from it's interpretation of the term ‘organisational policy’.

The accused have been summoned to The Hague in June to attend Status Conferences where participants will among other things determine the date of the trial, languages to be used in the proceedings, in particular, the languages spoken by the witnesses the parties intend to call and the anticipated length of the presentation of evidence at trial.

The Status Conference will also determine whether the prosecution anticipates issues concerning the protection of witnesses including the disclosure of the identities of witnesses. They will also determine whether a protocol regulating contacts between the parties and protected witnesses called by another party is necessary.

This according to the judges will include; “conditions under which the parties may make reference to the identity of protected witnesses, including the fact that they are witnesses, during their investigation".

The Status Conference will also determine the timing, volume and format of disclosure of evidence, material already disclosed and intended to be disclosed by the prosecution and whether there are any outstanding issues relating to documents or information which the prosecution obtained on the condition of confidentiality.

“The prosecution is requested to provide a detailed list of those items of evidence it intends to include in its List of Incriminating Evidence or disclose to the defence with respect to which redactions or other protective measures are required; including whether redactions previously authorised by the Pre-trial Chamber need to be maintained,” the judges said.

Mr Ruto and Mr Sang are expected to appear before the ICC on June 11 and a day later it will be the turn of Mr Kenyatta and Mr Muthaura.

Source: Daily Nation

Obama Rejoins ICC, US No Longer “Rogue” State

In a surprise move, President Obama signed an executive order rejoining the International Criminal Court, an organization established originally by the United State to enforce international law and punish war criminals.
The US left the court under Bush in order to protect those responsible for kidnapping, drug running and torture.
They may now be arrested, even if American office holders or members of the military or CIA, which, oddly enough, many of those responsible for such heinous crimes are.
Almost all facing prosecution are, curiously enough, members of the Republican Party and are trying to spin a return to freedom and justice as America giving up rights. The only right sacrificed are the rights some of the 1% and key officials had to murder, rape, steal and run drugs.
They may now be arrested under the same laws that applied to Gaddafi, Saddam and other “war criminals” that America has seen fit to bring to justice.

A careful read of one of the trickiest documents I have ever seen limits arrests of US elected officials as long as they are in office. Language protecting the military is less clear if not clear at all.

In doing so, Obama even puts himself at risk but the risk is far higher to Ashcroft, Gonzales, McCain, Lieberman, Bush (all), Cheney and a list of war criminals who may number in the thousands.
As to how far the ICC is willing to go is questionable. The organization tends to arrest only those of dark skin or targets of American foreign policy.
Perhaps that will change with the Arab Spring and elections in Europe which has gotten rid of some and may eventually remove nearly all the old leaders, most of whom are potential suspects in war crimes.
Source:http://www.veteranstoday.com

Uhuru Launches TNA Party

Deputy Prime Minister Uhuru Kenyatta on Sunday launched The National Alliance (TNA) party amid pomp and color.

The party was launched in a ceremony attended by hundreds of supporters at the Kenyatta International Conference Centre.

Uhuru said the party has been structured on ideologies and beliefs that believe on Africa social practice and driven by every day desires that Kenyans have.

He said the party is founded on finding collective solution to what ails Kenya today.

He said TNA will dispel the notion that parties are founded on vision of getting power.

“National Alliance is driven by desire to implement constitution and achieve national development agenda,” he said.

Source: The Standard

ICC prosecutor OK with delay to trial of Kenyans

UNITED NATIONS (Reuters) - The International Criminal Court's chief prosecutor said on Wednesday he would not oppose a delay to the start of a trial of four prominent Kenyans, including two leading presidential hopefuls, accused of fuelling post-election violence in 2007.

The group, including former Finance Minister Uhuru Kenyatta and former Higher Education Minister William Ruto, are charged with masterminding the bloodshed that killed more than 1,200 people. All have said they are innocent.

Prosecutor Luis Moreno-Ocampo told a news conference in New York that the defendants had requested the delay until the ICC decided whether to grant their appeal, which argues that the war crimes court has no jurisdiction to prosecute them.

Moreno-Ocampo said that his office "did not oppose the right to postpone the beginning of the trial until the appeal chamber solved the claim presented by the defendants."

No specific date had been set for the trial.

Kenyatta and Ruto, who are charged with directing mobs to commit violence that sent Kenya to the brink of civil war, are both challenging for the country's presidency in elections due by March 2013 - the first since the 2007 polls.

An ICC trial was the biggest threat for a repeat of unrest at the 2013 vote, Kenya's electoral head said last month. There is concern that, if the men stand trial and are blocked from running for office, it may trigger violence.

Past opinion polls have shown strong public support for the ICC cases and many Kenyans feel their own judicial system lacks the will to tackle a culture of impunity, where the powerful are often seen as above the law.

"We take note in Kenya that many citizens are requesting that the court proceed with the trial as soon as possible in order to define the responsibility of the suspects before the elections which are planned for March 13," Moreno-Ocampo said.

But he warned Kenyans that it was not the job of the ICC to determine who could stand for election.

"The court should not define who are the candidates in Kenya to the next elections or who will win the next election," Moreno-Ocampo said. "The Kenya political situation should be dealt with politically, by political actors. They cannot expect the court to define the political situation in Kenya."

The other men charged with Kenyatta and Ruto are radio presenter Joshua arap Sang and the head of the civil service, Francis Muthaura.

(Editing by Eric Beech)

KENYAN MPs PLAN TO DISRUPT VISIT BY OCAMPO

Unwelcome in Kenya? ICC Chief Prosecutor Louis Moreno-Ocampo is likely to avoid Kenya in his farewell tour to Africa later this month. By yesterday a Cabinet sub committee had not yet confirmed that Kenya would be willing to host Ocampo and the new prosecutor Fatou Bensouda who are on a joint tour of African countries.
"The government is not keen on his visit and there are MPs who are also planning demonstrations to coincide with the visit," said a cabinet minister who is a member of the sub-committee that handles the ICC.
Yesterday Fisheries minister Amos Kingi, a member of the sub committee, told the Star that he was not aware of the visit because he missed its last meeting. "In any case we are committed as a government to co-operate with ICC. The government made a public declaration on this and has since then not issued a contrary opinion," said Kingi.
Meanwhile the ICC denied yesterday that it had issued summonses for the four Kenyans accused of crimes against humanity to appear at ICC on June 12 for a status conference as reported in the Sunday Nation.
The four are Deputy Prime Minister Uhuru Kenyatta, former Civil Service chief Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua Sang.
“There were no summonses issued for any of the four accused... and there is no confirmed date for the status conference at this stage,” said ICC spokesman Fadi el Abdallah yesterday. He said in general the accused are not requested to attend status conferences unless ordered by the judges.
According to multiple sources close to the ICC, Ocampo will skip Kenya and instead visit Kampala. However Ocampo and his delegation will meet senior government officials if Kenya confirms that it will host him .
The ICC has been reluctant to release information about Ocampo's Africa leg tour. “Your email has been forwarded to the Office of the Prosecutor. The persons in charge of the Office's media relations will respond to you as soon as (it is) possible for them taking into consideration their busy agenda,” Abdallah responded yesterday.
Ocampo is making a farewell tour of African nations that have cases at The Hague before he leaves office in June. He will be accompanied by the ICC chief prosecutor-designate and current deputy prosecutor Fatou Bensouda. Bensouda will officially take over on June 16, 2012 when Ocampo has completed a full term of nine years.
Apart from Kenya, the ICC is dealing with situations in Uganda, the Democratic Republic of the Congo, Central African Republic, Sudan, Libya and Côte d’Ivoire.
Activists and some MPs threatened to hold demonstrations over Ocampo's alleged bias when they heard he might be coming. Reports of a possible arrival of Ocampo to the country had started raising temperatures with a group of
“Definitely those who are thinking of demonstrating against Ocampo are not human rights activists. We want a full battle against impunity,” rights activist Ken Wafula told the Star.
He added that civil society groups will mobilise Kenyans to counter any attempt to disrupt the visit by Ocampo. “If someone actually holds a demonstration against the chief prosecutor, we will be expecting arrests because that would become a threat to national security,” Wafula added.
According to Nick Kaufman, a prominent defence counsel at the ICC, the Rome Statute does not oblige accused to attend a pre-trial status conference. “Unless ordered otherwise, one would presume that the accused could waive their right to attend a pre-trial status conference in the same way that they could have waived their right to attend the confirmation hearings,” he said.
Matters on the agenda at a pre-trial status conference could include the language to be used at trial, agreements on evidence, the prosecution's disclosure of incriminating and exculpatory evidence, the defence's notification of special pleas and alibis, and the fixing of deadlines for requesting the protection of witnesses.
Kaufman anticipated that the most contentious issue would be setting the date for the hearing of evidence at trial. “To date there has been only one other case in which charges have been confirmed against suspects at liberty and that was in the Darfur situation. In that case, counsel for the two accused announced that they had waived their right to appear at the first status conference post-confirmation,” Kaufman said.
Source:http://www.the-star.co.ke/national/national/75654-mps-plan-to-disrupt-visit-by-ocampo

A Glimpse of The Hague

http://www.youtube.com/watch?feature=player_embedded&v=SwzoO9hV9zg

Ocampo 4 Summoned to The Hague: June 12th 2012

The Ocampo 4: June 12th date with ICC Judges

The trial preparations of the four Kenyans facing charges at the International Criminal Court kicks off in earnest on June 12 when the accused and their lawyers are scheduled to gather at The Hague for a preparatory conference. A source familiar with the trial preparations told the Sunday Nation from The Hague that trial judges have notified the parties to attend the status conference during which the rules of engagement will be defined including procedural matters and sequence of proceedings.
The status conference lays ground for the trial proper whose date would depend on the issues raised and efficiency of the parties.
During the meeting, the parties would have their first interaction with judges Christine van den Wyngaert (Belgium), Kuniko Ozaki (Japan) and Chile Obeo-Osuji of Nigeria who will preside over the trials. (READ: Japanese elected lead judge in Kenya chaos cases)
The court’s decision is likely to dampen the spirits of President Kibaki who is engaged in a last ditch effort — both at home and abroad — to stop the proceedings at The Hague-based court.
It comes barely two weeks after he indicated to Parliament the government’s determination to set up a local court to try those suspected to have sponsored the 2008/9 violence.
Days later, the President secured a resolution by the East Africa Community for the expansion of the jurisdiction of the East Africa Court of Justice to handle the Kenyan cases.
Similar efforts are underway at a gathering of legal experts from the African Union working on a similar resolution. (READ: AU moves to take over Hague cases)
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The lawyers meeting in Addis Ababa are exploring ways of implementing a January resolution of AU leaders seeking to expand the scope of the Africa Court of Justice to enable it to take over ICC cases involving African leaders — Sudan President Omar al-Bashir and Kenya’s Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Public Service Francis Muthaura and radio journalist Joshua Sang, who were on January 23 committed to trial for crimes against humanity committed during the violence.
During the conference, judges will set a timetable for the start of trials and disclosure of witnesses and evidence between the prosecutor and defence. The accused have an option of attending the conference in person.
Mr Karim Khan, who is leading Mr Muthaura’s defence team, on Saturday confirmed the summons and said he would attend the conference with members of his team.
However, he was no-committal on whether his client will be present. “It is a usual court occurrence during which issues are agreed upon relating to evidence, procedure and sequence of the proceedings. Attendance of the accused at status conferences is optional,” he said in a phone interview.
The Muthaura defence includes Mr Ken Ogeto of the Kenyan Bar, Malaysian Shyamala Alagendra and Mr Essal Faal from The Gambia while Mr Kenyatta is represented by British lawyers Steven Kay and Gillian Higgins.
A lawyer who spoke under the cover of anonymity said by the decision, the ICC had “called the government’s bluff”. “The ICC is testing the government and suspects’ commitment to co-operate with the court,” he said.
Explaining the significance of the conference in a recent conversation, ICC spokesman Fadil Abdallah said it is largely a house keeping affair.
“The parties will present their observations to the chamber on their preparedness, which will review them and establish a timetable for trials proper,” he said.
Commenting on Saturday, Senior Counsel Paul Muite advised Mr Ruto and Mr Uhuru to review their defence strategy and composition of their lawyers.
“They should have faith in Kenyan lawyers because they understand the history and context of the case,” he said citing the success of Tinderet MP Henry Kosgey and Maj (Gen) Hussein Ali’s during the confirmation of cases hearings.
   Nation

I will work with Raila, declares Maina Njenga

Former Mungiki chairman Maina Njenga has declared that he will work with Prime Minister Raila Odinga in the lead up to the the general election. Addressing a peace prayer and reconciliation rally at the Jomo Kenyatta Grounds in Kisumu on Saturday, Njenga said: “Raila is a friend and a neighbour in Nairobi and you cannot leave your neighbour for another person.”
“Lazima tushikane bega kwa bega na tufanye kazi pamoja ili tunufaishe Wakenya wote kwa jumla,” (We must embrace one another and work together for the benefit of all Kenyans). “But we must first preach peace before the elections so that we do not witness the kind of violence that occurred after the 2007 elections,” he added.
He said during the rally also attended by local leaders and a section of the Friends for Raila campaign team led by Jaoko Odinga that all political aspirants must be allowed to visit any region in the country and campaign freely. He urged the leaders to embrace the youth who are the majority in the country.
Accompanied by Change Associate Trust boss Wambugu Ngunjiri, Dagoreti ODM parliamentary aspirant John Kiarie, Kasarani parliamentary aspirant Mdomo Baggy and his host Bob Ndolo, Njenga asked Kisumu residents to allow members of the Kikuyu community who were evicted during the post-election skirmishes to return to the town and continue with their businesses. “Evils of 2007 must not return again to haunt us and we must work together in this peace and reconciliation course for the benefit of all Kenyans,” he said.
Njenga asked Kenyans to be warry of tribal groupings like Gema and the Kamatusa, adding that the National Security Intelligence Service report that they threaten the security of the country must be taken seriously. He said his team will hold a similar rally in Nakuru on May 18 before proceeding to Mombasa and other parts of the country.
Change Associate Trust boss Wambugu Ngunjiri who is also eying the Tetu parliamentary seat lashed out at the police for thwarting the Limuru 2B meeting that he said was to be a peace and unity rally. He described the Kisumu meeting as a Limuru 2B (1) gathering maintaining that they will return to Limuru at an unspecified date.
Dagoreti ODM parliamentary aspirant John Kiarie asked police to effect the NSIS report that tribal outfits like Gema and Kamatusa are likely to promote chaos and disband them with immediate effect.
He noted that the extrajudicial killings must be addressed adding that “Kenyans cannot afford to buy guns and bullets for the police to protect them but are instead used to eliminate innocent persons.” “The guns and bullets are bought by public coffers and we cannot afford to lose innocent lives shot by police by the same gadgets bought by us. Extrajudicial killings must be addressed with the immediacy it requires,” he added.
He said youths represent a high percentage of Kenyans at 74 percentage cent adding that they should equally hold a similar percentage in employment opportunities.
Yesterday, Njenga attended a church service at the Kisumu Museum where he reiterated on the need for peace before heading for another function in Nyakach constituency where he was hosted by Bob Ndolo.
Source: THE STAR

Uhuru Joins National Alliance Party

Deputy Prime Minister Uhuru Kenyatta has snubbed the big parties for his political future. He has opted instead for the National Alliance Party of Kenya which will be rebranded next week at the KICC as The National Alliance once it has been awarded a certificate of registration. Uhuru wants to create a new dispensation in the politics of Kenya and Central province and is keen to avoid a party associated with past power brokers.

Last month he gave up his longstanding chairmanship of Kanu. Previously he had snubbed the United Democratic Forum and resisted pressure from his Mt. Kenya backyard to join the Alliance Party of Kenya. Instead Uhuru negotiated with Nginyo Kariuki to have his youthful allies from different regions to take over NAPK.

Johnson Sakaja from Western is listed as the party's chairman, Onyango Oloo from Nyanza as the secretary general, Wambui Gichuru from Central as Treasurer, and Mr. Billiaha from the Coast as Organising Secretary. Moses Kuria, who has resigned as PNU spokesman, is likely to become TNA's Executive Director. Uhuru, the MP for Gatundu South, believed that APK and UDF represented the past that he wants to shed off.

APK is coordinated by Energy minister Kiraitu Murungi, a long time ally of President Kibaki, while the UDF was set up by Kibaki's inner circle led by his personal assistant Prof. Nick Wanjohi. UDF was a vehicle designed for Uhuru but it has now been allocated to Musalia Mudavadi who announced on Wednesday that it will be his vehicle in the 2013 presidential election.

Uhuru also refused an offer to join the Democratic Party formed by Kibaki in 1991 but now controlled by former ministers Joseph Munyao and Chris Murungaru. “Uhuru has been working with the masses and not the rich people or the old guard who always want to have their cake and eat it. He wants to overhaul the political environment completely,” Nithi MP Kareke Mbiuki explained.

Mbiuki, a youthful Uhuru ally, said, “Uhuru does not work with the past but in the present. This can be testified by the age of TNA party officials who are in the age bracket of 30s.” “Senior business community leaders thought that they could get his support and make business deals but the common mwananchi are with him. He wants a fresh face for his leadership and not the rich and powerful people.”

Another ally, Justin Muturi who chairs the Centre for Multiparty Democracy, says that Uhuru's strategy is informed by the new legal and political dispensation. “Uhuru wants to comply with the law and let non politicians run his party. He is also keen to change the atmosphere of the country's politics by embracing youthful support,” Muturi adds.

Analysts point at Uhuru's alleged influence in the recent appointments of Njeru Githae as Finance minister, Eugene Wamalwa as Justice minister, and Jamleck Kamau as Nairobi Metropolitan minister. Githae, Kamau and Eugene are all in their 40s. Uhuru has also avoided rich and influential people in Central province who have in the past sponsored presidential campaigns behind the scenes and instead worked with his think tank the UK Centre.

UKC has five offices but only two are known. One is at Uhuru's private office in Chancery building along Valley Road while another one at Red Cross House near Parliament buildings. Muturi, former Gatanga MP David Murathe, Uhuru's PAs Njee Muturi and Jomo Gecaga, and his director of communications Munyori Buku are among the officials who man his think tank.

Source: The Star

What Raila Promised Ruto

   

    

Prime Minister Raila Odinga promised Eldoret North MP William Ruto to use his international contacts to try and save him from the International Criminal Court if he backs him in the 2013 election.

According to highly placed ODM sources, the seven hour meeting was held at the house in Karen of a former Kanu operative on Monday, April 23. The meeting was also attended by Westlands MP Fred Gumo and Raila's wife Ida who had been to Ruto's house twice to set it up.

During the meeting Raila promised to speak to his international contacts in the USA as he was about to travel there to receive an honorary degree from Florida Agricultural and Mechanical University. Raila left the country on April 24 and returned on Thursday morning.

According to an ODM MP, Raila promised that he would help Ruto the way '"he helped ODM chairman Henry Kosgey." In exchange, Raila wanted Ruto to return to ODM, or at a minimum not to campaign against him in the Rift Valley before the election. In January the ICC did not confirm charges of crimes against community against Kosgey and former Police commissioner General Hussein Ali. Charges were confirmed against Ruto, Deputy Prime Minister Uhuru Kenyatta, former Public Service boss Francis Muthaura, and radio presenter Joshua arap Sang.

The two agreed to meet again after Raila returned from the USA. They agreed to come to the follow up meeting, scheduled for next week, with concrete answers to their respective questions. Raila is expected to revert with a response from his international contacts while Ruto will be expected to state whether he will back the PM in the elections.

According to ODM sources, the meeting was mooted after the homecoming party in Kitale on April 22 for Justice minister Eugene Wamalwa last month. Gumo told those present at the rally, including Ruto and Uhuru, that the ICC cases should be brought back to Kenya because leaders were playing politics with them.

After the meeting, Gumo reportedly called Ruto to sound him out and was surprised to find that he was not hostile. "He took his cue on the grounds that Ruto seemed to have softened his position. Gumo then told the PM that they should initiate the talks," said the source. They met on the following day, April 23, and Ruto reportedly told Raila that it was too late and the Kalenjin have moved on while Raila reportedly offered Ruto the post of Deputy Prime Minister.

Ruto told the Star that he was not interested in any agreement. “I am beyond being approached by anybody for any deals. I want a deal with the people of Kenya directly,” he said. Approaching Ruto is part of the ODM strategy to water down the effects of Musalia's defection to the United Democratic Forum party.

In December, Ida suddenly issued a surprise statement supporting calls for the ICC cases to brought back to Kenya. At a press conference on Thursday morning, Raila dismissed Mudavadi's exit as inconsequential but challenging him to resign and face a by-election. Raila also stated that he would not oppose President Kibaki's initiative for a fresh round of shuttle diplomacy to have the ICC cases tried at the East Africa Court of Justice.

Reports that Raila may be courting Ruto have caused jitters in the G7 alliance. “ODM is regrouping with Raila and Ruto touching base and in serious talks. We have confidential information that the two met last week before the PM's trip to US,” an MP close to Uhuru said.

However Rift MPs have vowed to abandon Ruto if he returns to ODM. "He will go there alone. The ground is not looking good and we have URP as the party of choice. People are starting to feel that they have become a guitar. The Mau forest evictions brought a lot of resentment," stated an MP close to Ruto. Yesterday when the Star broke the story, Public Works minister Dalmas Otieno remained tight-lipped when asked if Mudavadi's replacement might be Ruto. "We are not short of options. You watch this space,” was all he said.

Source: The Star

Return of Mungiki: Police warn gang is alive and lethal even by any other name

Maina Njenga at a past court appearance. Photo/FILE

By GAKIHA WERU gweru@ke.nationmedia.com
Posted Saturday, April 28 2012 at 22:30

In Summary

• Supporters of Maina Njenga are not as confrontational as before but police say they are the same killer gang

When Maina Njenga appeared before a Nairobi court to face robbery with violence charges on Wednesday, it was not the first time the former Mungiki leader was finding himself in the dock to answer to grave charges.
Ever since he was revealed as the leader of the Mungiki in the 1990s, Mr Njenga has been in court quite a few times – at one time staying in custody for more than three years over murder and illegal gun possession charges.
When he was acquitted in October 2009, he denounced the Mungiki saying he was a “born again” Christian. Initially he joined the Jesus is Alive Ministries headed by Housing assistant minister Bishop Margaret Wanjiru.
Shortly after a sensational association with the church – he even announced that he had brought with him young men capable of marrying the young women in Bishop Wanjiru’s congregation – he left to form his own church.
For a time, it seemed that Mr Njenga, and thousands of Mungiki adherents in tow, had turned a new leaf signalling the end of a sect that had been accused of many atrocities ranging from murder to extortion rings in Nairobi, central Kenya and parts of the Rift Valley.
Some of the murders for which police blamed them were as bizarre as beheadings and conducting oathing ceremonies.
Today, Mr Njenga is in trouble with the law over an incident in which four policemen were beaten and allegedly robbed at his Kasarani-based Hope International Church. The officers had reportedly been dispatched to investigate reports that a man in the congregation was armed with a gun. Mr Njenga has been charged with violent robbery — a capital offence — and is out on bail.
What has captured the attention of the public is the appearance of hundreds of his slogans-and-prayer-chanting supporters when he appeared at Milimani Law Courts on Tuesday and Wednesday.
The convergence of the youth at the courts evoked memories of the outlawed sect’s earlier and occasional forays into the city over the years. The question that security agencies are grappling with now is whether the country is witnessing the emergence of the Mungiki.
Vigilance House is not mincing words on this matter. Police spokesman Eric Kiraithe says that Mungiki is regrouping and all well meaning leaders and citizens must support the police in eradicating the group.
Mr Kiraithe says the police has information that extortion rackets have reemerged in towns like Nyanyuki, Nyeri, Murang’a, Nyahururu, Kinangop and Kiambu and the proceeds are being used for political activities.
“Unless Kenyans refuse to see, Mungiki is completely revived, the name notwithstanding. The tactics have changed very slightly but the intentions remain the same and the characters are the same. If Kenyans do not want to support the police in wiping out the Mungiki, they will pay a price and it will not take too long,” Mr Kiraithe told the Sunday Nation.
“I don’t know why Kenyans are joking with Mungiki. I don’t know why people want to play with Maina Njenga. It is very tragic that all commentators on Limuru 2B events only saw police and did not see the Mungiki. We don’t need those people. There are votes all over and there are civil ways of looking for votes,” Mr Kiraithe said.
He added that police would do all within their legal powers to stop illegal groups in their tracks.“We are pursuing, through available laws, ways to stop them. The major support Kenyans can give us is to completely separate politics from Mungiki.
If people stage-manage an incident, call the police, injure them and take their firearms, that is robbery. Nobody should play politics with that.
Let us know one thing; whether you are a constitutional office holder or not, if you are in the criminal justice system, you are part and parcel of delivering law and order. What the society wants is law and order,” Mr Kiraithe said.
Through his lawyer Paul Muite, Mr Njenga told the Sunday Nation that while most Mungiki members denounced the sect, the issues that brought the youth together in the sect are still very much alive.
Mr Muite says so far the government has tended to treat the groupings as a law and order issue and this is why they have persistently refused to go away. Since he confessed his conversion to Christianity, Mr Njenga has been active in the political arena, appearing alongside senior politicians in many functions.
In the recent past, he attended a conference in Limuru that brought together top politicians from the Gema communities. He went away miffed after he was denied a chance to address the meeting. Two weeks later he appeared at the Kanu National Delegates Conference at Kasarani.
His supporters created chaotic scenes when he was prevented from addressing the conference. Just to demonstrate his clout, Mr Njenga made his way to the podium and was seen consorting with acting Kanu chairman Gideon Moi.
The group’s dalliance with politicians and political parties has shifted from time to time but their effect on voting day is hardly felt. Mr Njenga’s late wife Virginia Nyakio vied for the Laikipia West parliamentary seat on a Party of Independent Candidates of Kenya (Pick) ticket in 2007 but lost miserably. She got 461 votes against the winner, Mr Nderitu Muriithi of PNU who got 42,196.
“The claims of Mungiki that are being bandied around are a smokescreen. The truth is that a new order is emerging in central Kenya that is threatening the old order made up of rich conservative forces. What we are witnessing is a class struggle,” Mr Muite said.
The senior counsel said youth in central Kenya have been marginalised by historical injustices that saw their parents denied what they fought for during the Mau Mau war.
One man who fought Mungiki with resolve was fallen Cabinet minister John Michuki. In 2007, Mr Michuki, who passed on in February, ordered police to crack down on the group and break its back.
At one point, Mr Michuki, then Internal Security minister, told a public meeting in Murang’a that parents must warn their sons to stay away from the activities of the group and that those who would dare him would only hear of funerals.
Public backing
It was a chilling warning that the government would crack down with full force and Mr Michuki lived up to that billing. Police went out in full force and the crackdown, which received widespread public backing, appears to have led to Prof Alston’s conclusions that the police had engaged in extra-judicial killings.
But the war on Mungiki relented around the General Election time for what appears to have been political considerations. The government, going by National Security Advisory Committee minutes tabled at the International Criminal Court, appeared to have been avoiding bad public relations when the incumbent President Kibaki was fighting a tough battle to retain the presidency.
In the meantime, the criminal elements in Mungiki regrouped. Parts of Central Province were taken up again. Fed up, residents of Kirinyaga took on the sect in a bloody war that saw 14 members of the sect lynched by villagers in April 2009.
But in a deadly revenge mission, the gang massacred 29 people in Mathira on the night of April 21, 2009, before the government deployed rapid response units and eventually the sect was run to the ground.
If what the police say is true, the Mungiki have modified their approach. In their original form, they would engage security men in violent confrontations. In Limuru, they were actually running away from the police. At Milimani courts last week, they said the Lord’s prayer with Mr Njenga beseeching them to remain peaceful.

UB Law Dean Mutua Faces ICC Allegations

In addition to being sued by an ex-UB professor, UB Law School Dean Makau Mutua is facing allegations of witness tampering in an International Criminal Court (ICC) case, according to news reports from his native Kenya.
The case concerns four prominent Kenyans charged by the ICC with inciting waves of violence throughout the country following a heated and controversial presidential election in 2007.
For almost a decade, Mutua has been a columnist and op-ed contributor to the Sunday Nation, a Kenyan newspaper. Mutua has recently published articles in the Sunday Nation regarding the testimony of James Maina Kabutu, known as prosecution “Witness Number Four” in the ICC case.
Kabutu is known to have recanted his evidence against two of the four charged Kenyans in a 2009 proceeding.
But Mutua wrote in a March 18 Sunday Nation column that Kabutu had been forced to recant his testimony.
In a piece entitled “How They Tampered With Ocampo Witness,” Mutua wrote:
“Today, I can absolutely – and without equivocation – confirm that Mr. Kabutu was put under unbearably incredible pressure to recant his testimony…and refuse to testify at the International Criminal Court.”
Mutua went on:
“I can now confirm that Mr. Kabutu never actually ‘recanted’ his testimony… He was instead forced – under threat of dire consequences – to read the ‘affidavit’ on the video ‘recanting’ his testimony.”
These statements have gotten Mutua the attention of the ICC and Kenyan authorities. Some commentators have wondered how it is that Mutua had inside knowledge of the witness and of the testimony. Mutua’s assertion that Kabutu had been intimidated has also been called into question.
Last March, Charles A. Taku, a lawyer involved in the case, wrote to the Daily Nation – the publisher of the Sunday Nation – in defense of his client, Dr. David Matsanga, who had been accused by Mutua for coercion and intimidating Kabutu.
Taku and Matsanga countered that Mutua and Maine Kiai, a co-contributor to the Sunday Nation, have hurt the integrity of the judicial process. Matsanga has been reported to openly oppose the ICC, describing it as a political entity used against African leaders on behalf of powerful Western nations.
“These are the people who should be investigated for incitement, interfering with the judicial process, malicious publications and incitement,” Taku wrote. “Prof. Makau Mutua perpetrates the crimes he is accusing my client in the most egregious manner bordering on impunity. He has not only exposed the identity of the witness but he provides details which only an insider to the prosecutor’s office could possess.”
Mutua denounced the allegations in an article at Mwakilishi.com, a Kenyan news website. According to the article, the Criminal Investigation Department (CID, a division of the Kenyan police) contacted Mutua with a message, of which Mutua said:
“The message did not disclose any laws that I was alleged to have broken, except make unintelligible references to vague offenses…Why the CID would waste scarce resources on such a wild goose chase beats me.”
The article also says of Mutua:
“He described as ‘a sham’ the [CID] investigation and said it ‘is part of an orchestrated campaign to intimidate and harass those who support the ICC process, the press, and thwart justice for victims. My message to the CID and those on whose behalf they seek to silence me and the press is simple – back off. I take this incident as an attempt by the CID – and the Kenya government – to obstruct justice at The Hague [where the ICC is headquartered in the Netherlands].”
In 2007, Kenya witnessed extreme violence in the wake of its presidential election. After Mwai Kibaki was announced as the winner of the election, thousands of men in the village of Kibera went to the streets and incited a tribal war. Kibaki, who is a Kikuyu, was charged with rigging the election against his challenger, Raila Odinga, a Luo. When the dust of the violence had settled, at least 1,600 people were dead and 500,000 injured.
Since then, four Kenyans have been charged by the ICC for inciting the violence. Uhuru Kenyatta, the deputy prime minister and the son of Kenya’s founder, Jomo Kenyatta; William Ruto, a Kenyan parliament member, Francis Muthaura, former head of the civil service, and Joshua Arap Sang, a radio and media mogul in Kenya.
Odinga and Kibaki have shared the powers of the Kenyan government since the two sides brokered a deal in 2008 with help of then-UN Secretary General Kofi Anan. Odinga spoke at UB’s Law School commencement ceremony in 2009 as a guest of Mutua’s. Some have speculated that Mutua would stand to benefit if Odinga wins this year’s Kenyan presidential election.
The allegations come on the heels of The Spectrum reporting that Mutua is facing a federal civil rights lawsuit. Former UB Law Professor Jeffrey Malkan filed the suit against Mutua and Vice Dean of Legal Skills Charles P. Ewing, contending that Malkan had been illegally fired from his tenured clinical position as the director of UB’s Legal Research and Writing program.
Mutua did not respond to a request to be interviewed for this article.
Source: http://www.ubspectrum.com/news/ub-law-dean-mutua-faces-icc-allegations-1.2864042#.T56CpdkmWM8

ICC trials can’t be transferred, rights activists tell Kibaki

William Ruto (top left), Joshua arap Sang (bottom left) Uhuru Kenyatta (centre) and Francis Muthaura (right). Photo/FILE

By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND MIKE MWANIKI mmwaniki@ke.nationmedia.com
Posted Monday, April 30 2012 at 22:30

Human rights activists on Monday warned that the regional court in Arusha had no capacity to try the Ocampo Four.
Law Society of Kenya (LSK) chairman Erick Mutua said the push to refer the cases from The Hague was in bad faith and questioned the preparedness of the East African Court of Justice (EACJ) to hear the cases.
“Whereas the LSK welcomes the move to extend the jurisdiction of the EACJ to include criminal jurisdiction, the fact that this is done to support the proposition to refer the ICC cases to the Arusha Court is in bad faith. The LSK is opposed to the transfer of the said cases from The Hague,” he said in Nairobi.
Mr Mutua said the Rome Statute that established the ICC had no provision for transfer of cases before it to another court outside its jurisdiction.
Justice for victims
“Under international law where there is failure by a state to exercise its criminal jurisdiction over those responsible for international crimes or where the state is incapable of doing so, the appropriate forum is the ICC under the Rome Statute or an ad hoc tribunal to be established by the United Nations. The East African Court of Justice is not any of that,” he said.
The Kenya National Commission on Human Rights (KNCHR) said the East African Legislative Assembly (EALA) or the African Union could not challenge the admissibility of the cases at The Hague since they are not parties to the Rome Statute.
“The government should realise that states cannot ask the ICC to ‘transfer’ a case to a particular judicial body or institution” said KNCHR commissioner Lawrence Mute at a media briefing in Nairobi.
He warned the decision was not in the best interests of the victims of the 2007/8 election violence that killed 1,133 people and displaced 650,000 others.
Lawyers say that President Kibaki’s latest attempt to stop ICC cases is in vain, pointing out that the mandate, the set-up and the funding of the EACJ makes it difficult for the Arusha Court to try the cases.
Expanded mandate
“It (the campaign) cannot succeed. Even if it were to succeed, it will take at least two years because of the many things that are required. It is basically an impracticability,” said one of the experts who could not be named as he work with the government and the ICC.
Another lawyer said member states would have to invest heavily in the Arusha Court to convince the international community that victims of the post election violence would get justice.
“The court has no prosecutor and the witness protection unit has not even been conceptualised. The practical things that are needed to try crimes against humanity are not there. How do you then expect this to be the option to The Hague?” he posed.
Last week, President Kibaki chaired the EAC heads of State summit which passed a resolution to expand the mandate of the Arusha court to include criminal jurisdiction.
Previously, the court was mandated to try crimes related to human rights.
Earlier, the EALA had passed a motion in support of the transfer of the cases from The Hague

Mungiki Does Not Exist, Says Njenga

Kenya: Mungiki Does Not Exist, Says Njenga

By Albert Nyakundi, 29 April 2012

• Comment

Former Mungiki leader Maina Njenga yesterday denied claims by the police and Central Kenya politicians that the dreaded group has resurfaced.
Njenga dismissed the allegations, saying they were based on fears by the old politicial hierarcy in Central Kenya who had been unable to connect or address the problems of the youth in their region.
"I want to tell them that Mungiki does not exist. We have climbed the mountain and have embraced Jesus in our faith," he said at his Garden Estate church, which a week ago was the scene of a fracas in which four policemen were injured.
Njenga has since been charged with five counts of robbery with violence.
Njenga said the youth will run for electoral office at all levels from county representatives to the presidency. Police spokesman Eric Kiraithe was reported in yesterday's Sunday Nation as saying the banned gang is regrouping and that Kenyans must support the police in its war against the gang.
He said extortionist rackets have re-emerged in Nanyuki, Nyeri, Murang'a, Nyahururu, Kinangop and Kiambu. He said: "I do not know why Kenyans are playing with Mungiki. I don't know why people want to play with Maina Njenga."
But Njenga maintained that since he "got saved" his main duty is to unite Kenyans. He dismissed Gema as tribal and instead said that Kenyans should replace it with a Kenyan face.
"If you have realised that the youth will not support your political bid in 2012 you should stop branding the youth as being members of illegal groups and instead try something else," Njenga said.
He also warned the police against using the claims that Mungiki had regrouped to start killing, harassing or intimidating youth in Central Kenya.
Njenga said it was time politicians from the region allowed other leaders to emerge. "Gema has been in existence since 1953 and it is now time to try a different outfit," he added.

Tagged: East Africa, Kenya, Legal Affairs

Poll: Raila and Uhuru in Tight Contest

 

The next General Election promises to be a closely contested affair with the latest opinion poll showing Prime Minister Raila Odinga and his deputy Uhuru Kenyatta in a neck and neck race.

According to the findings of the poll released Tuesday by Ipsos Synovate, a runoff between the Mr Odinga and Mr Kenyatta would result in a tie, with both receiving 44 percent of the votes cast if elections were held today.

A further 12 percent said they were undecided.

The pollster's managing director Maggie Ireri said the PM had narrowed the three point gap that had been opened by Mr Kenyatta in October last year.

At the time, Mr Kenyatta had 44 percent against Mr Odinga’s 41 percent.

Ms Ireri said the PM would post narrow wins against other potential contenders for the presidency in the elections.

Should the runoff contest be between Mr Odinga and Local Government minister Musalia Mudavadi, the PM would garner 43 percent against the Sabatia MP’s 41 percent.

Again, 15 percent said they were uncertain on how to vote.

Mr Mudavadi, who recently abandoned ODM, is expected to announce the new political vehicle he intends to use to ascend to the country’s leadership on Wednesday.

And in a contest between the PM and Vice President Kalonzo Musyoka, Mr Odinga would garner 46 percent against the VP’s 41 percent with 13 percent being undecided.

Other scenarios are – Mr Odinga’s 46 percent against Narc Kenya’s Martha Karua’s 39 percent with 15 percent still undecided, the PM’s 48 percent against William Ruto of the United Republican Party’s 33 percent with 19 percent undecided.

Ms Ireri said the proportion of undecided voters, which remains high, will play a major role in tilting the presidential contest.

“This is because should they decide, they can swing the runoff vote either way,” she told journalists.

According to the poll, even though Mr Mudavadi has quit the Orange party, where he was the Deputy Party Leader, 21 percent of Kenyans believe that he and the PM still make up the best pair for president and running mate.

Ranked second is a joint ticket of Mr Kenyatta and Mr Ruto (nine percent), Mr Kenyatta and Mr Musyoka (8 percent), Mr Ruto and Kenyatta (7 percent), Mr Odinga and Ms Karua (5 percent).

Within the G7 alliance, the most preferred pairing is that of Mr Kenyatta and Ruto.

Mr Odinga still remains the most preferred presidential candidate with 34 percent of Kenyans indicating they would vote for him. 22 percent of Kenyans would vote for Mr Kenyatta, the VP (9 percent), Mr Ruto (8 percent), Ms Karua (5 percent).

Ms Ireri said the ratings for Mr Mudavadi, who had previously polled at least one percent has now gained five percentage points.

She said that in the absence of Mr Ruto and Kenyatta from the ballot, Mr Odinga would still remain the preferred candidate at 34 percent, followed by the VP at 19 percent.

Source: Daily Nation