Mungiki leader Maina Njenga leaves Nyeri High Court in 2009. The Attorney General, through state counsel Charles Orinda, terminated the case through the nolle prosequi against Mr. Njenga and 21 other suspects who faced 29 counts of murder. Photo/ JOSEPH KANYI
By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Tuesday, January 24 2012 at 22:30
Posted Tuesday, January 24 2012 at 22:30
International Criminal Court judges say they are convinced Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and President Kibaki met Mungiki members at State House in Nairobi.
However, State House has denied the claims and President Kibaki even sent a personal statement to the International Criminal Court (ICC) during the confirmation of charges hearings against Mr Muthaura, delinking himself from the Mungiki. (READ: Kibaki’s personal statement read in Muthaura defence)
But the judges, in their ruling on Monday, poured cold water on President Kibaki’s denial, saying that they approached his statement and that of former State House Comptroller Hyslop Ipu “with reservation” and considered that they could not be regarded as decisive in the determination of whether a Mungiki meeting never took place at State House.
“The evidence placed before the Chamber provides substantial grounds to believe that, following these preliminary contacts, Mr Muthaura and Mr Kenyatta directly participated in a number of meetings with Mungiki leaders.
In particular, the Chamber is satisfied that there are substantial grounds to believe that on 26 November 2007 a meeting was held at Nairobi State House between Mr Muthaura, Mr Kenyatta, Mungiki representatives, President Mwai Kibaki, and others,” they said in the ruling. (READ: State House and city club linked to chaos)
The judges say that the evidence presented by anonymous prosecution witnesses proved that the first of such meetings aimed at securing Mungiki support for the President was held on November 26, 2007.
The judges say that Mungiki was represented by Mr Maina Diambo and two other individuals they have blacked out on the ruling.
The PNU side was represented by President Kibaki, Mr Muthaura, Mr Kenyatta, Mr Hyslop Ipu, Mr Isaiya Kabira and Mr Stanley Murage.
“The occurrence, purpose and subject of this meeting are established, to the requisite threshold and in considerable detail, by the statement of Witness OTP 4, who was present at this meeting as a Mungiki representative,” the judges said in the ruling.Also present but whose name has been blacked out by the judges is a former central Kenya MP.
The Mungiki demands included the cessation of extrajudicial killings of its members, the release from prison of Mr Maina Njenga and the recruitment of Kikuyu youth into the security and armed forces.
The judges said that Witness OTP 4 stated that, after hearing the Mungiki demands, the President addressed Mr Muthaura, telling him “something to the effect of: ‘You have heard what the youth want, so now it is upon you’”.
During the hearings, Mr Kenyatta and Mr Muthaura argued that the evidence from the witness should be disregarded due to inconsistencies in his testimony to the Waki Commission and that given to the ICC.
However, the judges said in their ruling that some of the inconsistencies cited by the defence were errors of omission that did not alter the substance of the evidence.
The judges said that the inconsistency raised in relation to Mr Kenyatta’s involvement in the meeting was to be “more appropriately qualified as an omission” since the witness did not state to the Waki Commission that the Deputy Prime Minister was not present at the meeting at State House.
“In regards to the difference in the time of the alleged commencement of the meeting (11am versus 11.45am), the Chamber considers this difference as minimal and as such immaterial.
“Similarly, the Chamber considers as immaterial the alleged inconsistencies in relation to the amount of money received by the witness,” the ruling reads.
The judges also say that the witness testimonies brought to the court by Mr Muthaura’s defence from youth who met President Kibaki on the same day do not contradict the prosecution witness.
- Submitted by livypalIf the ICC has the evidence that the President chaired the Mungiki meeting whose agenda was to kill and destroy lives of Kenyans, then why did the ICC fail to include him among other suspects?????Posted January 25, 2012 10:26 PM
- Submitted by RKW@arorin, people should know one thing you seem to put foward. Kenyans will rise together or fall together. Thats the bottom line. Hata Raila akishinda and i wish him well in that effort, things wont change so long as kenyans dont stand together. When people disgaree, let it be on facts, policies and principles and thats great and not because of of the tribe of the persons. They had no say choosing their tribe.Posted January 25, 2012 09:59 PM
- Submitted by muruanyauruiThis a cery tough political bind. I think a different PR exercise is needed by the SH. Denials and posturing won't wash, not at this time. Not when the same arguments have been shot down by the ICC.Posted January 25, 2012 09:09 PM
- Submitted by UkweliwamamboAs CEO of the country, the President meets many people. As a presidential candidate he meets even more people.The important thing here is not the meeting but a foolproof link between the meeting and the violence. Unless someone did a "Githongo", this will not be possible.Posted January 25, 2012 06:19 PM
- Submitted by sillbognow i think it is clear why kalonzo was sent out there then hon. watengula to sudan coz kibaki knew the outcome .may be with al bashill at the icc thus why he had to apologize to him. then the state address for calm. them AG they will be in office. honestly using the same taxes money from those that they have been accuse of of killing??Posted January 25, 2012 06:13 PM
- Submitted by arorinThere is no way Kibaki can commit UK and Muthaura to the ICC trial. He will be exposing himself to high risk. Remember that Muthaura works under his instructions and can easily incriminate his boss by spilling the beans. I think we would rather bring this thing back home and sortt it out kienyenji otherwise we may be forced to go for an early election. Notice that RAO is unusaully so so quiet. Lets pray for us and stop condemning each other. We all failed our nation in one way or another.Posted January 25, 2012 06:03 PM
- Submitted by koirotweetdoes that explain the panic mode on the side of the president to the effect that he ordered the AG to come up with a team to ostensibly elaborate on ways to ease the troeble that the suspects are facing.the times to be afraid are here.Posted January 25, 2012 05:29 PM
- Submitted by livypalThis is getting uglier and the President may need to consider and prepare the nation for elections at the earliest time possible.Posted January 25, 2012 05:18 PM
- Submitted by MaryToritNA BADO MAPMBANO. Ocampo does not even need to lose sleepless nights following this up, the Ocampo 4 will do all for him - the can of warms is now openPosted January 25, 2012 05:10 PM
- Submitted by mbokaI would love to see Kibaki and Raila as jailmates after the coalition is over.Posted January 25, 2012 05:04 PM
- Submitted by KabukusanaI am shocked, just shocked by these revelations (note the heavy use of irony). And I bet you are, too.Posted January 25, 2012 04:13 PM
- Submitted by kaliyeesa1If it is true that President Mwai, Muthaura and Uhuru attended a meeting at the state house with "Mungiki" members, President Mwai should resign and vice president Kalonzo to take over the leadership of Kenya immediately. In addition, Muthaura and Uhuru should also leave their offices immediately. Kenyans, this is the time to cremate this Kenyan monster known as the "impunity" once and for all. As Brother Tutu has reminded us over and over again, "...if you are silent in situations of injustices, you have taken the side of the oppressor."Posted January 25, 2012 04:06 PM
- Submitted by AkilinimaliThe PNU defense strategy rests on trying to bamboozle the ICC judges with the false and puny majesty and dignity of an African president, suspected of having fiddled with the elections, who comforts and keeps the company of the Bashirs and Gbagbos of this world, and whose close associates now face very serious charges...it won't work of course, but more importantly t-h-e-r-e i-s n-o t-i-m-ePosted January 25, 2012 02:58 PM
- Submitted by murujawho started the violence and why? who was to it, was it not predetermined? whats the work of commander in chief? is it not to protect lives of citizens whichever means? if a thief breaks your your house and he's armed what can you do? the violence was planned from the referendum. who in kenya doesnt know. only God who can save us not courts.Posted January 25, 2012 02:48 PM
- Submitted by kenyamemberPoor Kibaki, yaani from state house ataenda kukula ugali Hague? Who would ever have thought? It reads like a script from a movie for true.Posted January 25, 2012 02:47 PM
- Submitted by MutashfullThis is a very scandalous statement, i think its about time these witnesses be produced. you just can't conclude issues like this from anonymous witnesses. i hope the icc too has prove of what they are saying otherwise am afraid they are rocking a dangerous boat.Posted January 25, 2012 02:46 PM
- Submitted by radonnWe all know (at least the rational-minded Kenyans) who the real elephant in the room is, and he is not being prosecuted by the ICC...what an absolute and total farce. EPIC FAIL!Posted January 25, 2012 02:31 PM
- Submitted by DwattiI av a feeling we havent heard anything yet...if this cases go to full trial,Kenyas will be shocked with the details, i fear for the lives of Muthaura and AliPosted January 25, 2012 01:45 PM
- Submitted by vctrkyalocant believe it! The Ag speaks with so much energy and determination to protect the suspects. who speaks on behalf of the victims???.Posted January 25, 2012 01:29 PM
- Submitted by otuoma31If indeed these allegations are true as they see, then the President is in real trouble. These are enough reasons for a president to resign........... but not in Africa.Posted January 25, 2012 12:23 PM
- Submitted by mwana_wa_ndigwaGood God, open blind Kenyans's eyes so they see the hopelessness of ethnic chauvinism, the damages visited upon them by divisive leaders into chaos and darkness and the catastrophies awaiting us as we cruise the tribal routes to self-destruction as a nation. Guide us to nation-hood, tolerance and wisdom, as we see where IDPs sprouted from, and why we buried so many innocents. God, protect us from ourselves, now we know our ignorance and arrogance are our worst enemies, and our political hyenas feast from it with impunity. Amen!Posted January 25, 2012 12:12 PM
- Submitted by FikiriaThe slowly but surely the jigsaw puzzle is unraveling. It will not be long before we know who ordered returning officers to go into hiding as Kivuitu waited for days on end at the KICC, why U.K and Muthaura will still remain in office and why U.K and W.S.R will still be on the ballot no matter what!!Posted January 25, 2012 12:12 PM
- Submitted by macasThis Kenya of ours has its own pile of surprises and wonders. A whole PRESIDENT?Expect more of such revelations during the full trials.Posted January 25, 2012 12:10 PM
- Submitted by tpetehWhat was the agenda of the meeting? does it mean the violence was planned by Nov?If that is the case, why was violence deemed necessary in the frist place? I can only think of one thing, the outcome of the election was predetermined before the November meeting.Posted January 25, 2012 12:00 PM
- Submitted by Isaya BarazaI remember the PM once said that when the dog barks then the Master is around. Am yet to be convinced that two Principals are innocent. Uhuru Kenyatta was PNU and Ruto was ODM. You can fill the gaps.Posted January 25, 2012 11:48 AM
- Submitted by seccessionist@Mulaika_Mwega, Courts are there in Kenya but tell us any big fish who has been tried for crimes of political assassinations, ethnic classes of 1990s and the violence 2005 (especially in Mt. Elgon area and the PEV 2007. If state institutions fail to act the international community has the responsibility to intervene whether one sees it as selective or not. It happened after the WW II, in former Yugoslavia and many other places. After the juridical statehood or what you call independence is a political recognition by other sovereign states that a particular polity is independent.Posted January 25, 2012 11:36 AM
- Submitted by muthinja1Now we know where the buck stops; impunity at it's top best. It is the reason they still hold on to powerful public offices. And gullible Kenyans still believe in and support these persons to be president? Kuna shida!Posted January 25, 2012 11:30 AM
- Submitted by mboonixpAnd the truth will set us free. Oh Kenya my beloved countryPosted January 25, 2012 11:24 AM
- Submitted by mongo92Everyone please note that the said meeting took place BEFORE the elections. This makes the power-grab a premeditated affair, and RAO's supporters were just reacting to oppression.Posted January 25, 2012 11:23 AM
- Submitted by UknowIknowThe decenting judge does not know the reality of big shots in African states. They are never proven guilty at all cost. Let the case go to full trial so that we can judge for our selves after all the arguments and counter-arguments have come to light. The truth is out there and it is coming out in bits. We will wait for the tail in the long end.Posted January 25, 2012 11:13 AM
- Submitted by mbwiriaSo was the ICC looking into the 2007 elections campaigns or the masterminds of the PEV ?Posted January 25, 2012 10:57 AM
- Submitted by jaumuriKenya is a country with strange leaders. If the Arthur brothers were deputy police commissioners here, then anything can happen.Posted January 25, 2012 10:54 AM
- Submitted by politicalpunditIf this is true, it confirms the real reason Kibaki won't sack muthaura and kenyatta.Posted January 25, 2012 10:54 AM
- Submitted by ochiengjaokoAnd someone is still saying that its Raila who caused the violence,did Raila chair the state house meeting?..God forbid if these r the guys who still want 2 b the presidents of this nation.Posted January 25, 2012 10:52 AM
- Submitted by Mulaika_MwegaKaul has consistently acknowledged that crimes were committed in Kenya and that the perpetrators should be punished. However, he reasoned that the right place to try the suspects was in Kenya under the local criminal laws. He further said there is need to make a clear demarcation between the international court and the national courts and that the latter should not be downgraded.Posted January 25, 2012 10:50 AM
- Submitted by suzzlylouh! my God. Then this guy still insists he is in the presidential race - that He is still fit to head this country. And some of us actually believe him!Posted January 25, 2012 10:47 AM
- Submitted by NamogoImagine if the case could be done local. - There is no way fisi can be a judge against a fellow fisi - Mbuzi ataumia tu.Posted January 25, 2012 10:43 AM
- Submitted by mungichSo the apparent 'revenge' attacks were actually planned before the election? Therefore someone knew he was going to lose in the election and made arrangements to cling on to power using criminals. I can't help feeling this fact vindicates those who fought back and who should be regarded now as liberators.Posted January 25, 2012 10:42 AM
- Submitted by arorinThis is one our lowest moments when our national pride and dignity has been wounded. This govt shoold step aside too.I am kinda feeling we need to move on as Kenyans and bury the past.Posted January 25, 2012 10:34 AM
- Submitted by dontialalaWhat is done in the darkness will come to light. Kenyans died and we must know the truth that is what martters.Posted January 25, 2012 10:18 AM
- Submitted by si_cheki_ovyo_ovyo‘You have heard what the youth want, so now it is upon you’”. Lesson Number 1: always insist on a signed memo from the boss.Posted January 25, 2012 08:42 AM
- Submitted by MKMNow Kenyan know the truth. thanks to ICC.Posted January 25, 2012 08:20 AM
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