BREAKING: ICC Drops Case Against Kenya’s Muthaura

viagra approved geneva;”>approved sans-serif;”>Below is the prosecutor’s statement in full:

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Ladies and Gentlemen, People of Kenya:

Firstly, I wish to sincerely commend all Kenyans for their commitment to maintaining peace during this election.

I wish to inform you, that today I filed a notice to the Judges to withdraw charges against Mr Francis Kirimi Muthaura.


I have done so after carefully considering all the evidence available to me at this time. It is my duty to proceed only when I believe that there is a reasonable prospect of conviction at trial. If not, then it is my responsibility as prosecutor to take the decision to withdraw the charges.

This is an exceptional decision. I did not take it lightly, but I believe it is the right thing to do.

I explained to the judges the reasons for my decision, specifically, the severe challenges my Office has faced in our investigation of Mr Muthaura;

– the fact that several people who may have provided important evidence regarding Mr Muthaura’s actions, have died, while others are too afraid to testify for the prosecution.

– the disappointing fact that the Government of Kenya failed to provide my Office with important evidence, and failed to facilitate our access to critical witnesses who may have shed light on the Muthaura case.

– the fact that we have decided to drop the key witness against Mr Muthaura after this witness recanted a crucial part of his evidence, and admitted to us that he had accepted bribes.

Let me be absolutely clear on one point – this decision applies only to Mr Muthaura. It does not apply to any other case.

My decision today is based only on the specific facts of the case against Mr Muthaura, and not on any other consideration. While we are all aware of political developments in Kenya, these have no influence, at all, on the decisions that I make as Prosecutor of the International Criminal Court.

As I have consistently underscored, the International Criminal Court is a judicial institution.

In conclusion, let me remind you all of my unwavering commitment to justice for the victims of the 2007-2008 post-election violence. The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes – and whose voices must not be forgotten.

I will not forget them.

Kenya’s Cabinet secretary Francis Muthaura was let off the hook after a key witness in the case admitted lying in his testimony.

Chief Prosecutor Fatou Bensouda told judges in Hague Monday she was withdrawing all charges including murder, rape and deportation against the powerful official.

“We have no choice but to withdraw charges against Muthaura,” said Bensouda.

She observed the charges were unsustainable.

ICC alleges Muthaura alongside other officials including President-elect Uhuru Kenyatta planned attacks on protestors following the controversial election of Mwai Kibaki in 2007.

“First, under the authority of the National Security Advisory Committee, of which Muthaura and Police boss Mohammed Ali were Chairman and a member, respectively, the Kenya Police were deployed into ODM strongholds where they used excessive force against civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera (Kibera Division, Nairobi Province),” part of the charge sheet reads in part.

“As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera.”

The decision will give a new lease of life to Muthaura and raise questions about the credibility of evidence pinning Kenyatta.

Prosecution further alleged that Muthaura, Kenyatta and Ali also developed a different tactic to retaliate against the attacks on PNU supporters.

“On or about 3 January 2008, Kenyatta, as the focal point between the PNU and the Mungiki criminal organization, facilitated a meeting with Muthaura, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM.”

The prosecutors had also noted that Muthaura, in his capacity as Chairman of the National Security Advisory Committee, telephoned Ali, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movementof pro?PNU youth, including the Mungiki. As a consequence, the Mungiki and pro?PNU youth attacked ODM civilian supporters in Nakuru and Naivasha .

During these attacks, the attackers identified ODM supporters by going from door to door and by setting up road blocks for intercepting vehicles, killing over 150 ODM supporters, the court alleged.

The violence resulted in more than 1,100 people dead, 3,500 injured, approximately 600,000 victims of forcible displacement, at least hundreds of victims of rape and sexual violence and more than 100,000 properties destroyed in six out of eight of Kenya’s provinces.

Many women and girls perceived as supporting the ODM were raped.

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