Posted
Friday, September 23
2011 at
22:39
President Kibaki’s personal statement in defence of
Cabinet Secretary Francis Muthaura was read to the International
Criminal Court on Friday as the Civil Service boss’ lawyers started
giving their submissions. (Read: Kibaki furious over Ocampo’s evidence)
The President said he agreed to write the statement out of the
respect for the ICC and its judges over the charges of murder, rape,
persecution and forced evictions which have been brought against a man
with whom he works closely on a daily basis.
Mr
Muthaura faces charges of crimes against humanity committed in the
murderous aftermath of the December 2007 elections sparked after
President Kibaki’s victory was disputed by his main rival – and now
coalition partner – Mr Raila Odinga.
He appears in
court alongside Deputy Prime Minister Uhuru Kenyatta and the Maj-Gen
Hussein Ali, the Police Commissioner at the time of the violence.
Three
other Kenyans have been charged at the ICC over crimes committed in
Rift Valley – politicians William Ruto and Henry Kosgey and broadcaster
Joshua Sang.
Mr Muthaura’s lead lawyer, Mr Karim Khan,
read President Kibaki’s statement in the course of his argument that
Mungiki sect members, who have been the focus of the prosecution in
tying down the Cabinet Secretary to the charges supported Prime Minister
Raila Odinga and his ODM party during the 2007 elections.
President
Kibaki said Mr Muthaura was a civil servant who never took part in his
political affairs, including campaigns, in the last elections.
Referring to the now infamous meeting of November 26,
2007 at State House, Nairobi, he explained that it was a session with
youths supporting his campaign and not Mungiki members as alleged by the
prosecution.
“The meeting of November 26, 2007 was a
meeting with youths who were supporting my campaigns. Mr Muthaura was
present because the meeting was addressing a major policy issue
affecting the group. Mr Muthaura does not participate in my political
affairs because he is a civil servant. He was not part of my political
campaigns,” said the President’s statement.
President
Kibaki, with restraint, went ahead to address allegations by ICC
prosecutor Luis Moreno- Ocampo that the meeting was a session organised
by Deputy Prime Minister Uhuru Kenyatta and Mr Muthaura to reconcile his
campaign with Mungiki sect members.
“Nevertheless, I
will answer the question out of respect for the court and the ICC
judges. The allegations are inimitable to me and contrary to everything I
stand for. I have been opposed to Mungiki since I took over the Office
of the President and it is banned. It is important to note that this
group was in existence even before I came to power. My stand on this is
known everywhere,” said the statement.
ICC prosecutors,
while making their submissions, said the State House meeting was used
to “formalise” the common plan spearheaded by Mr Kenyatta and Mr
Muthaura to use Mungiki members to carry out attacks against ODM
supporters in Naivasha and Nakuru.
This was in retaliation to the killings in Eldoret and South Rift of members of the Kikuyu community.
On
Friday evening, Mr Khan played a video clip of Mr Moreno-Ocampo from an
interview he gave to a local TV station stating clearly that he had no
evidence that President Kibaki played a role in the post-election chaos.
Mr Muthaura’s lawyer said if the prosecutor had no evidence against President Kibaki, then the same applied to his client.
“The prosecutor says there is nothing (against the President).
No evidence and no involvement. The defence says zero evidence against
Mr Muthaura. President is zero; Muthaura is zero,” he said.
“Witness 4 for the prosecution is incapable of telling the
truth. The prosecution are saying there was no evidence against the
President when a witness is saying it is there. The prosecution’s case
is incoherent and lacks specificity in the nature the meeting at State
House where the President met a group of youths.”
Mr
Khan attacked the prosecution’s theory that the State House meeting
brought on board Mungiki members to support President Kibaki by claiming
that the sect members supported Mr Odinga of ODM.
He
played TV news clips which showed Mungiki leader Maina Njenga apparently
saying the gang’s members supported Mr Odinga at the last elections.
Additional Reporting by BERNARD NAMUNANE and OLIVER MATHENGE
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