ICC: Lessons learned from the Kenyatta Case of 2011

The Internal Investigation of the botched International Criminal Court (ICC) case of the ‘Kenyatta Case – The Prosecutor v. Uhuru Muigai Kenyatta – FORMERLY – The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, ICC-01/09-02/11’, which the investigation started in Kenya in October 2010 and failure to produce anything binding or to justify the charges against them. So the charges was dropped by 2013 and 2014. While the whole case was terminated by March 2015.

Now the ICC has suddenly dropped an statement into their internal investigation into why it ended like this. Even if they have the warning, of if any of the judges get new evidence on the case. They might re-open it. However, what this states is very serious and the acts done to interfere in the investigation. Says also a lot, also about the shortfall of the jurisdiction and help from the government of Kenya. Which isn’t weird, as the state was investigating the President and allies of him. They don’t want any issues with an foreign court. That is all natural in the scheme of things.

Just look here:

The prosecutorial process in the Kenya cases, the experts found, was hampered by deadlines set by the first Prosecutor that were based on considerations other than what they considered to be sound prosecutorial practice. In their view, the effectiveness of the investigations and prosecutions was significantly undermined by a “decision over assessment” tactic respecting cases and a target-based – as opposed to evidence-based – approach to investigation and charging. This, coupled with other problems, meant that the prosecutions were burdened with weak cases, relying on one or only a small number of insider witnesses – whose evidence could not be independently verified by the OTP – to establish essential elements of the case” (ICC, 26.11.2019).

The key point concerning the Government of Kenya was the OTP’s delay in seeking the assistance of the Trial Chamber to compel cooperation, resulting in part from the contradictory approaches advocated by JCCD and PD (that is, continue to try to persuade the authorities to cooperate versus applying to the Trial Chamber for a finding of non-cooperation against the Government, respectively). This lesson has been taken on board. The OTP also has a range of strategies to secure cooperation from States Parties and situation countries, and these are still evolving” (ICC, 26.11.2019).

The investigations were further undermined by the decision to delay in-country investigations, which did not take place until after the CoC hearings. Unfortunately, after those hearings, investigating in Kenya became much more difficult: support for the ICC among Kenyans had been eroded by a concerted campaign of negative propaganda; OTP personnel were followed, putting them and anyone they contacted at risk; the witness interference orchestrated by the suspects/accused became even more pervasive; and the Government of Kenya (GoK) became even less willing to co-operate, if not actively interfering with OTP operations and witness security” (ICC, 26.11.2019).

As noted above, the GoK did not support the OTP investigative activities, instead it either allowed interference with witnesses inside and outside of Kenya and with OTP activities in Kenya, including surveillance of OTP investigators, and/or may have been directly involved in such interference. It refused Requests for Assistance (RFAs) thereby hampering the OTP’s ability to access potential evidence, or imposed such conditions or access as to, in reality, make that access so cumbersome as to be unworkable” (ICC, 26.11.2019).

We can see the ICC started this out on the wrong premise and lost because of it. They couldn’t present well enough evidence, either because of the deadlines. Nor the way the small pockets of witnesses was silenced. This was done, as the ICC haven’t secured them or ensured their safety. This was a mismanaged approach by the ICC and the ones seeking justice on this case. The Kenyatta case was finally dropped, because the ICC and their partners hadn’t done their job, neitehr had the Government of Kenya done its either. Therefore, this one got stalled and the charges got dropped.

Like the charges against William Ruto, Joshua Arap Sang and Uhuru Kenyatta. This was done because out of the 10 witnesses supposed to be put forward, only 5 showed up. That means the prosecution and the material they could assess wasn’t substantial enough nor digging deep enough. The ICC didn’t do their work and the Kenyans was doing internal actions to ensure the ICC didn’t get a case to begin with. They silenced the witnesses and intimidated the ones who could have come forward to the ICC.

This should be a lesson for the ICC. That to quick deadlines, not enough work with the coordinated leadership of where they charging people and get the proper jurisdiction might be more important. As they couldn’t do their job, as the Kenyans was putting hampers in their way. Next time find out ways to secure the witnesses and the affidavits to collect evidence before they are afraid of testifying. Peace.

Kenya: The National Assembly – Message from the President – Invitation to the Launch of the Report of the Taskforce on Building Bridges to Unity Advisory (26.11.2019)

Central Bank of Kenya: Monetary Policy Committee Meeting (25.11.2019)

Kenya: Building Bridges for National Unity Taskforce – Press Release (22.11.2019)

Opinion: Uhuru, wananchi are broke because of you…

“The President wondered where all the money being used to construct government projects is going. In fact, he specifically asked us the question: Why are people broke; why is it that there is no money in their pockets?” the official reported to be a parastatal head was quoted by the publication” (John Wanjohi – ‘I Don’t Understand Why Kenyans are Broke, Uhuru Says’ 12.11.2019, Mwakilishi.com).

President Uhuru Kenyatta must think people are gullible and ignorant to the facts. That they are not understanding the bigger picture nor the consequences of the actions made by the central government. Because, going around asking this sort of question, opens the door to wonder, how stupid does the President think the wananchi is?

President Kenyatta, first and foremost. It is your reign and your decisions that has made people out of pocket and broke. It is your government policies, your actions as head of state and the reactions to that. Which in the end, accumulate to the result of unemployment, poverty and the lack of cash to go-around. That is all because of you and your yes-men.

People have tried to blame Henry Rotich for this, but lets be clear. His the scapegoat. The Cabinet Secretary or the Minister, which is easy to aim at, but he has just sanctioned and followed protocol made by the President and his patronage. There is nothing else too it.

That is why with the growing corruption in the reign of Kenyatta, the added debt and the new cap or celling for debt. Just shows what it is all about. The free money of loans to shield the over spending government, which builds pipedreams and white elephants like there is no tomorrow. While wondering why people doesn’t earn coins on it. That is because, they don’t get the tender through shady companies like with the NYS Fund, neither do they get any direct benefit of the SGR. Secondly, non see the money for the maize scandals nor the sugar cartels too.

That’s why its like this, just like the crack-down betting firms, where the state banned one and opened up the gates for another one. There is no development, only more shady tricks. Just like the trade of milk and the standards put on that, which is ironic. Since the President himself is involved and owner of that. Plus all the estates, hotels and whatnot, both the President and the DP now owns. They have created empires while being in office, also ensuring the cronies get a cut too. While the state suffers a bondage and will have for generations, because this one borrowed fiscal stimuli like their was no tomorrow to begin with.

So, its better for Uhuru to not act a fool, but to actually do his job. He has been globetrotting and a vagabond as the President. Maybe time to cool down, not do PR stunts and empty pledges of the Big Four and the Building Bridges Initiative, but actually deliver something that matters. Not just empty expensive containers, which someone inside the Ministry of Health could profit from. Since, that is how the Jubilee government have operated on a large scale, with Grand Corruption in their veins and borrowing money at large too. Therefore, the lack of fiscal responsibility, nor any substance of development for the poor.

That’s why Kenyatta, that’s why you have not succeeded. You have reigned supreme since 2013, but your not leaving anything positive behind for 2021. Only more loans, bigger corruption scandals and a questionable legitimacy, as you rigged the last election and used Cambridge Analytica to massage your message to the masses. Which will not be forgotten. Peace.

Kenya: Inspector General of Police Mutyambi – Press Release (12.11.2019)

Kenya: Nairobi Police Service – Press Release (12.11.2019)

Kenya: IPOA launches Investigation into the Alleged Assault on University Students by the Police (12.11.2019)

Kenya: The Judiciary – Internal Memo – Subject: Uploading of FY 2019/20 Half Year Budget (05.11.2019)

Kenya: Office of the President – Ministry of Interior & Coordination National Government – Press Release – Update on Operation at the Civil Registry Department (01.11.2019)