ICC JUDGES: HOW UHURU BANKROLLED POST ELECTION VIOLENCE

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Wednesday, January 25  2012 at  22:30

IN SUMMARY

• Sect leader and former MPs were handed the money to mobilise and arm youths for revenge attacks, says ICC ruling

Deputy Prime Minister Uhuru Kenyatta distributed close to Sh50 million to mobilise and arm attackers during the post-election violence, according to the ruling of ICC judges.

The money was released in instalments through three former MPs from Kiambu and Nakuru counties and former Mungiki leader Maina Njenga.

In the ruling delivered on Monday, the judges pieced together events leading to the revenge attacks on ODM supporters in Naivasha and Nakuru by Mungiki members, who were said to be supporters of the rival Party of National Unity (PNU). (READ:How court reached decision to charge four)

“The Chamber does not find it necessary to entertain in detail the occurrence and purpose of the various fundraising meetings that Mr Kenyatta attended, as this fact, even if accepted, has no significant bearing on the determination of the case,” said the International Criminal Court (ICC) judges.

The court also upheld prosecution claims that Civil Service head Francis Muthaura worked from State House in Nakuru to supply weapons and police uniforms to the Mungiki for the revenge attacks.

But State House on Wednesday evening denied hosting any meetings to plan revenge attacks.

“As we have stated in the past no such meetings took place at State House, Nairobi, and is indeed the product of the imagination of the so called anonymous prosecution witness,” said the Presidential Press Service.

Mr Kenyatta, Mr Muthaura, Eldoret North MP William Ruto and Kass FM presenter Joshua arap Sang were on Monday committed to trial over charges stemming from the 2007/08 post-election violence by a three-judge bench of ICC judges.

ICC Chief Prosecutor Luis Moreno-Ocampo had accused Mr Ruto and Mr Sang of murder, forcible deportation, torture and persecution in Turbo, Eldoret, Kapsabet and Nandi Hills towns.

Mr Kenyatta and Mr Muthaura face charges of murder, forceful eviction of people, rape and other sexual offences, persecution, and other inhuman acts, which were committed in Nakuru and Naivasha in retaliation against the killings in Eldoret. (READ: ICC judges confirm cases against four top Kenyans)

“According to Witness OTP-12, in late January 2008, before the commission of the crimes in Naivasha, Maina Njenga was given another Sh20 million, which was brought to him in prison again by Maina Diambo and (name withheld), together with (name withheld) who was sent by Mr Kenyatta for that purpose,” the ruling reads.

According to the ICC judges, the money was allegedly used to transport Mungiki members from Thika to Nakuru and Naivasha, and to buy weapons.

It is upon receiving the money that the Mungiki attacked “the Luos” in Naivasha.

The judges say Mr Njenga received the first instalment of Sh3 million in November while still in prison and another Sh8 million in mid-December 2007.

“Witness OTP-11 states that, around mid-December 2007, Maina Njenga was given Sh8 million from “State House”, according to the witness, from Mr Kenyatta. The witness further clarifies that out of this money, Sh2 million was supposed to be shared by the Mungiki leaders who were directly in contact with the PNU Coalition,” the judges say.

Earlier in November 2007, Mr Njenga is alleged to have ordered more than 10,000 Mungiki members to campaign for a “PNU Coalition politician, in spite of general animosity between the Mungiki and the particular individual.”

The judges said the former Mungiki leader was given more money after complaining that PNU leaders had not released him from prison as agreed.

The bench comprising Justices Ekaterina Trendafilova, Cuno Tarfusser and Hans-Peter Kaul concluded there was sufficient evidence that Mr Kenyatta provided Sh3.3 million each to the two former MPs to buy weapons and coordinate attacks in Nakuru and Naivasha.

“Witness OTP-11 asserts that Mr Kenyatta gave Sh3.3 million to a former MP and that part of this money was eventually used to buy guns for the attack in Nakuru. The witness further states that the former MP coordinated attacks in Nakuru under the direction of Mr Kenyatta,” the judges said.

The ruling says the Mungiki attacks in Nakuru were coordinated by a former MP who sourced some weapons from the Nakuru State House.

On Naivasha, the judges say: “Witness OTP-11 states that Mr Kenyatta gave the former MP Sh3.3 million to coordinate the commission of the crimes therein.” This was corroborated by Witness OTP-12 who said the former MP oversaw logistical and financial aspects of the attacks in Naivasha.

The ruling says another mid-level perpetrator, a former MP from Kiambu, coordinated the Mungiki preparatory activities in Naivasha under the direction of Mr Kenyatta.

The former MP was at the State House meeting attended by President Kibaki, Mr Kenyatta and Mr Muthaura and was given Sh6 million by Mr Kenyatta to mobilise and transport Mungiki members to Naivasha.

The judges say the former MP denied the claims that he was given large sums of money by Mr Kenyatta and coordinated the attacks.

However, they concluded they would could not “accord reactionary denials a higher probative value than the detailed allegations made by prosecution witnesses.”