Confederation Council Foundation for Africa Inc.,
Sunday, November 10, 2013
New York Times supports ICC cases against Uhuru Kenyatta, William Ruto
- The AU has opposed President Kenyatta’s trial at The Hague
- Times acknowledges lack of investigations of crimes in Afghanistan, Iraq and Syria
By KEVIN J. KELLEY
Face ICC judges, leaders tell Uhuru as president seeks global support
Updated Saturday, November 9th 2013 at 21:38 GMT +3
|President Uhuru Kenyatta|
President Uhuru’s challengers in the March 4 presidential race want him to proceed to The Hague to face his accusers and save the country a possible backlash from the international community.
In separate interviews with The Standard on Sunday, former Prime Minister Raila Odinga and running mate former Vice President Kalonzo Musyoka led those who sought the presidency in the March poll in appealing to the President to honour his date at the ICC.
Raila, Kalonzo and Ford-Kenya leader Moses Wetang’ula, who led official opposition, CORD, have taken a common and official position that the ICC should continue to execute the cases against President Kenyatta and his deputy William Ruto.Deferral of the same, acCORDing to the CORD leaders, should be done within the existing framework and that the same should not hurt the common mwananchi, with regard to economic or other embargoes.
Pointing out that in law one is innocent until proven guilty, Kalonzo and Wetang’ula, both lawyers, are urging the President to turn the ICC process to his advantage by going there to clear his name. “Whether or not he will eventually appear before the ICC is the President’s personal decision. But I encourage him to do so and end this persistent stigma of non-compliance. Besides it will help him gain higher moral ground once cleared,” Wetang’ula offers.
Terming the second phase of shuttle diplomacy by the Jubilee administration as an exercise in futility, Kalonzo protests at the misuse of public funds at a time when the country is choking under a myriad financial challenges. “Amid all these, the two (Uhuru and Ruto) have so far exhibited poor governance. The government is churning out all manner of suspect laws, including the punitive media Bill and the one on NGOs attempting to limit foreign funding,” observes Kalonzo.
While the CORD leaders have been diplomatic in urging Kenyatta to go The Hague, their foot soldiers have been rather abrasive. Machakos County senator Johnstone Muthama and his Siaya counterpart James Orengo have particularly told the President and his deputy to clear their names and save Kenya possible embargoes.
But Mukurwe-ini MP Kabando wa Kabando will hear none of it: “The President shouldn’t go. Let’s deal with the consequences. Kenyans shed blood to liberate this country. For a court struggling to gain legitimacy on account of its abysmal track reCORD, having a sitting president in the dock would be a golden catch to fry, if only to shore up its threadbare resume. The president has zero chance of getting a fair trial at The Hague, period. It’s a mistrial,” he said.
The ICC, says Kalonzo, may have negatively impacted the Jubilee Government’s performance: “Some of you were critical of the Kanu regime, but I’m not sure what you would say of the current regime led by disciples of Kanu, who are virtually attempting to take away all the freedoms of the people?”
And Mohamed Dida, the presidential contender who came into the race late but outperformed veteran politicians, says Jubilee leaders now have so much in their hands and engrossed more in saving themselves than running or developing the country. “We were told that choices have consequences and although we dissuaded Kenyans against electing Uhuru-Ruto, with me personally asking them to quit from the race and clear their names first, more than 6 million Kenyans still voted for the pair,” says Dida.
With Uhuru now as Kenya’s President, Dida concedes that the game has changed. The President is now a symbol of the country’s pride and unity, he observes, and everyone must strive to uphold the dignity of Kenya and the political leadership. “However, if he has nothing to hide or fear, I urge the President to appear before the ICC and clear his name. The venue does not matter, whether it is at The Hague or in Kibera Law Courts,” advises Dida.
On a scale of 1-10, Dida gives the Jubilee Administration a mark of 4.72. Uhuru and Ruto, he observes, appeared to have kicked off on a convincing note going by the professional manner in which they nominated members of their Cabinet. But the fire has since died down, he says.
But Narc Kenya leader Martha Karua, was reluctant to discuss the ICC subject. The former Justice and Constitutional Affairs minister, who has featured at the proceedings over claims by the Ruto defence team that she fixed the Deputy President, declined to comment.
Karua could not be drawn into discussion either about the performance of the Jubilee Administration, protesting at the manner in which The Standard on Sunday ambushed her with the questions. According to a close ally of the former Gichugu MP, her stand on ICC had not changed.
Last month, Karua tweeted that she had no regret over her role in the ICC matter. She tweeted that Ruto was responsible for his own fate. “Alijiset kwa vitendo (He set himself up through his own actions),” she said. And she added, “It is indisputable that over a thousand people were murdered, thousands displaced and others maimed. Let the accused answer.”
And noting the Jubilee-led government was faced with a Supreme Court electoral contest over their small margin win, former Deputy Prime Minister Musalia Mudavadi says Jubilee leaders have a crisis of legitimacy. “They should not have taken the winner-take-all stance. It would have been prudent for them to take advantage of the constitutional dictates for regional and ethnic balance to scout widely for political legitimacy through regional and ethnic inclusiveness in executive appointments,” Mudavadi told The Standard On Sunday in an earlier interview.
AcCORDing to the United Democratic Forum leader, this would have soothed sour nerves and built confidence, and signalled commitment to a process of national healing and reconciliation.
National Assembly Deputy Minority Leader Jackoyo Midiwo said although CORD was sympathetic to the situation facing Uhuru and Ruto, the two should operate within the law.
“CORD also hopes the wananchi will not at the end suffer from the ICC drama,” said Midiwo. Kenya National Congress presidential candidate Peter Kenneth opted not to open up: “On the performance of the President and his deputy and whether or not they should proceed to The Hague, I would rather — as a political leader — not influence anybody’s thought. Let Kenyans observe these developments and make known their feelings.”
But Elgeyo Marakwet Senator Kipchumba Murkomen argues it is no longer the personal concern of the President or his deputy, but a collective concern of the country. “Having been duly sworn into office, it is actually our responsibility as citizens to ensure that the President is at peace and is acCORDingly in a position to deliver on his mandate as per our expectations,” says the vocal URP-allied legislator.
KENYATTA, a former KANU MP and other Mungiki leaders were responsiblefor planning and coordinating the attacks in Nakuru.
KENYATTA, a former KANU MP and other Mungiki leaders were responsiblefor planning and coordinating the attacks in Nakuru.
The most serious wave of violence in Nakuru town erupted during the night of 24 January and lasted until 27 January 2008. The evidence suggests that this wave of violence was launched by the Mungiki and pro-PNU youth. Among the attackers were large groups of pro-PNU youth who came from outside Nakuru town. They were armed with machetes (called pangas), knives and petrol bombs.
Available evidence indicates that the Mungiki and pro-PNU youth attacked in a well-organized and regimented manner. They communicated in Kikuyu and mainly targeted perceived ODM supporters. The target of the attacks was further made obvious by attackers who stated that “all Luos should go back to Nyanza”. In some instances, they shot their victims and then mutilated their bodies to conceal the gunshot wounds.
Mungiki leaders who led revenge attacks all killed
The sensational claims were made by counsel Desiree Lurf during submissions highlighting the criminal responsibility of former Police Commissioner Mohammed Hussein Ali in the post-election violence.
Lurf said that Ali ordered the elimination of Mungiki members who could have implicated Deputy Prime Minister Uhuru Kenyatta and Head of Public Service Francis Muthaura in the revenge attacks of 2008.
“Extra judicial killings of high ranking Mungiki members including the wife of the Mungiki leader (April 13 2008) and other two senior members on 28 April (2008) who were the link between (Maina) Njenga and the PNU leadership show that there was an effort by the Kwekwe squad to eliminate high level Mungiki members who knew about the crimes and could testify. Ali ordered the eliminations,” she said.
Lurf further told the court that the report of the UN Special Rapporteur Philip Alston on extra judicial killings in 2009, which recommended of the removal of Ali from the police force, also showed the continued existence of a police squad whose main aim was to eliminate the Mungiki and other suspected top profile criminals at the order of senior police officers.
Ali was also accused of frustrating police investigations into the post-poll chaos in a bid to ensure the main perpetrators evaded justice.
The court also heard that the weapons used by the outlawed Mungiki sect to retaliate in Nakuru and Naivasha were shipped form war torn neighbouring Somalia and transported to State House, Nakuru.
During the third day of confirmation of charges hearing in the case of the prosecutor against Deputy Prime Minister Uhuru Kenyatta, Head of civil service Francis Muthaura and former Police Commissioner Hussein Ali, the prosecution said the Mungiki received the weapons in January 2008 after violence had broken out.
Prosecutor Adeboye Akingbolahan said: “In preparation, the Mungiki purchased weapons from Somalia in January 2008. According to prosecution witness nine, the weapons included guns and machetes.”
The prosecution said that Muthaura and Ali – who had prior knowledge of attacks against ODM supporters – ordered the unhindered movement of Mungiki into the Rift Valley and despite intelligence reports, Ali ensured that police had inadequate resources to combat thw Mungiki in Naivasha while Uhuru was in charge of the finances.
“Most of the money came from Kenyatta. Muthaura instructed police to create a free zone. On a query if police would interfere with the Mungiki’s movement, Muthaura said “the police will not interfere with your work.” He called Ali and ordered that Mungiki should not be disturbed,” Akingbolahan said.
On the third week of January 2008, Central province MPs mobilised pro-PNU youths at rallies. The lawmakers told the youths “to do something” about the attacks on their kinsmen. Volunteers then registered with the Mungiki, were paid and transported to attack locations.
According to the prosecution: witness 12 “The ones in Thika were paid to enter the lorry and were given Sh150, 000 to share among themselves.”
The prosecution affirmed that the suspects gave more money to Mungiki leaders to ensure their continued participation in the common plan.
“Sh20 million was given to a Mungiki leader by a PNU liaison two, to a direct subordinate of Muthaura and Kenyatta. Witness 11 said the liaison was answerable to either the two suspects depending on the nature of the issue in question,” he added.
The first liaison of the PNU is said to have given police uniforms to the Mungiki and was also responsible for distributing weapons.
Kenyatta is said to have placed the Mungiki under the authority of a former KANU MP, who coordinated the revenge attacks in Nakuru and Naivasha.
According to the prosecution, with the execution of the crimes of forcible transfer, rape, forcible circumcision and destruction of property, the perpetrators severely deprived the victims of fundamental rights against international law.
The court heard that the Mungiki inflicted injuries to the mental and physical health of the victims, forcibly circumcised the men, destroyed homes and used terror tactics. Accounts of prosecution witnesses reported that victims of attacks were identified by local informers and use of prepared lists.
The Mungiki and pro-PNU youths are also said to have set up roadblocks in and out of Nakuru to filter non-Kikuyus while persons from the Luo and Luhya communities travelling in public transport vehicles were singled out as the main targets.
Judges at war crimes court were also told that the government received intelligence reports in time to prevent retaliatory killings of ODM supporters after the disputed 2007 general election.
Lurf said that the National Security Intelligence Service (NSIS) had provided information on possible attacks in advance but that Muthaura and Ali deliberately failed to act.
Muthaura was the first among the suspects to mount a defence after the prosecution ends its submissions on Friday evening.
Friday, September 23, 2011
Uhuru, Muthaura ‘gave Mungiki police uniforms’
Deputy Prime Minister Uhuru Kenyatta and Cabinet Secretary Francis Muthaura spent more than Sh26 million and dressed Mungiki fighters in Administration Police uniforms to execute deadly attacks against ODM supporters in Nakuru and Naivasha, the ICC was told. (Read: Uhuru organised Kenya chaos, ICC judges told)
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