0204MY LONG TORRID ROAD WITH THE INTERNATIONAL CRIMINAL COURT
“President Uhuru Kenyatta case at the ICC died the day OTP 4 was exposed as a big liar and the day Luis Moreno Ocampo and Fatou Bensouda used recanted evidence to confirm charges. Whether you bring God from Heaven to make legal Judgment, God will never convict a person on information of financial records supplied by the same Mungiki liars who have been discredited by the same OTP that wants to nail President Uhuru Kenyatta”
By Dr. David Nyekorach Matsanga.
2nd April 2014 London-United Kingdom
H.E President of Kenya Uhuru Kenyatta of Kenya
Dear my African and international friends
Greetings to all,
On 31st March 2014, the Trial Chamber (Vb) of ICC returned a verdict on the fate of President Uhuru Kenyatta case that I have followed from 2008 the day it was cooked, sexed, doctored by ICC investigators with the help of 11 people and NGOs from Kenya. The decision by the Trial Chamber Vb to allow a sexed, doctored, and faked Trial to go ahead in October 2014 confirms all my fears that I have voiced for 6 years against OTP and ICC as an institution.
That is why in this document I seek to debunk the dirty toxins of OTP and expose to the world the dangers of continuing a case that is flawed in nature and where lies have been used to stage manage the comedy in Trial Chamber Vb. My position on both cases of the situation in Kenya is the same and will never change. They were flawed in every manner of legal fraternity but they are being pushed politically by interested parties in international conspiracy operation.
It is rather prudish, sardonic, naïve and sheer scale of double standards, for a court like ICC with such international reputation to accept faked evidence gathered from pork and meat joints of Kenya and continues with a Trial of an African President of 40 million Africans as if things were real in this 21st global Century. It is only in ICC court that a Prosecution side that has already admitted that they got false evidence about financial dealings of President Uhuru Kenyatta from the Mungiki liars namely OTP4, OTP11, OTP12 that such evidence is allowed by ICC court which fixes hearing dates in October 2014.
It is only in ICC court where information of Mungiki witnesses who have already confessed is still being used by Trial Chamber (Vb) to pretend to have Trial in October 2014 despite the glaring facts that information requested by Trial Chamber on the Financial Records was delivered to OTP by hardcore criminals of Mungiki who have not yet arrested but given good sanctuary in Western nations!
Today marks a historical moment for me for the first time to address Kenyan ICC suspects directly as the wrong suspects before this ICC court. It is sad that Africa has kept silent while ICC cases continue to muzzle and stifle Kenya’s developmental agenda. Unscrupulous individuals and groups and nations seeking to influence foreign policy and security decisions of other nations have and will continue to seek to misuse the ICC for politically motivated purposes. I am sorry to report to the world that this has happened on Kenyan cases and continue to happen as write this open letter to the world.
I know that there are little checks and balances against the OTP to prevent misuse and without them ICC represents a dangerous temptation for those with political axes to grind against the Kenyan suspects. I personally believe and I want any lawyer in the world to challenge on this: The prosecutor’s proprio motu authority to initiate an investigation based solely on his own authority or on information provided by non- governmental organization (NGO) or individuals like Dr. Kofi Annan and Justice Phillip Waki is an open invitation for political manipulation.
Whichever the outcome of these cases will be in case 1 and case 2, I will not have any regrets for having tackled ICC head on singularly, I will not have any apology to make to anybody that stood on my way while I was fighting ICC monster, I will not have any change of position on flawed and doctored evidence in the cases, and I have no love for any of those 11 shameful Kenyans and NGOs that manufactured these cases and evidence from the pork and meat joints of Nairobi.
I have made over 7 Applications in Appeal Chamber 5 since 2012 to date 2014 to expose the fakeness of the cases that are against you as suspects. The Appeal Chamber has decided to conceal and put under seal of the court as “classified confidential” applications and proceedings that have gone on unnoticed between me and ICC Appeal Chamber 5 without the public knowing. To date all my applications are still classified as confidential by the order that was issued by the ICC Appeal Chamber 5 on instigation of the OTP to protect her position of flawed investigation.
I am writing this letter to further inform you that your defence lawyers have been denied material or by design they have failed to summon or as the court to bring to them “CONFIDENTIAL” MATERIALS BEFORE THE APPEAL CHAMBER 5 IN THE CASE OF (The Chief Prosecutor of ICC vs. Dr. David Nyekorach – Matsanga -Disqualification of the Chief Prosecutor from investigating and prosecuting me in case ICC-01/09 OA2.
The failure by ICC court to adhere to the basic rules of ICC regarding materials in court on the situation in the Republic of Kenya has chocked me. The circumstances surrounding those 11 shameful names of intermediaries who were politically instrumental to: training ICC investigators who came to Kenya, witness coaching, selection of suspects, witness procurement for OTP, witness bribery by OTP, and above all use of 11 Kenyan intermediaries to re-locate, influence, and corrupt the entire ICC process through the OTP has baffled me.
This trend of things like what happened on 31st March 2014 puts you suspects at the peril and mercy of a court that has no jury and at the mercy of hang woman called Fatou Bensouda who, despite all these serious revelations she has failed to terminate the flawed Kenyan cases that stink of malice and political influence from western nations.
Which court is this that “sentences first and verdict comes later”? This is an amazing court! I might have overstepped the limit of my capabilities but the entire Kenyan cases are based on bigger comedy than “Shakespeare’s” writings. The crude manner in the fixing game done by international enemies of this nation has shocked me. Yet the nation of Kenya and African countries continue to cheer on a failed court that is about to dismember a backbone of Great Lakes Region called Kenya.
It is not in my vocabulary of ethics of work to celebrate when my passion is and was to halt both Kenyan cases that were flawed in nature. I will continue to struggle to expose the faked and corroded evidence so as to free President Uhuru Kenyatta, Deputy William Ruto, and Arap Sang even if I remain alone on this journey. There those in Kenya who think that we should handle the OTP with soft gloves when they have hit Kenya and suspects using AK47. I am not at least part of those apologists, turncoats, and quislings who roam the corridors and streets of Africa with silly praises of ICC.
I am not one of their lawyers but as a Pan African volunteer who has been at the forefront against ICC actions in Africa, my heart is bigger than those lawyers who might have seen this anomaly and failed to vigorously protest to the court and defy through civil means of not attending to such a Court full of drama and accusations. The suspects must be told the truth instead of telling them hot air and causing more anguish to already anguished suspects who should not have been there anyway.
At the center of all these trials, amendments, extensions, rules and procedure lies fake and procured evidence that is an obstacle for the Kenyan cases. Last week the ICC Chief Prosecutor told the world that Farouk Kibet was the master joint in planning the PEV around case one. Why doesn’t Fatou Bensouda charge the real people and keep on telling us that there are more but these are the only ones we are interested in? The only route left for anyone who cares for the suspects like I do is to appeal to millions of people worldwide to force the ICC President to constitute an Independent Panel like that of ITFY where Prosecutor C. Ponte was put on trial. Without that, the OTP and Fatou Bensouda will still find room to convict our Kenyan people.
I am still convinced that a court like ICC where there is no jury or assessors one could be convicted on “balance of probability” which the OTP tends to introduce using either new “Mungiki fake elements” and a senior politician from Kenya in case 2 or using their technical witnesses like the French Professor of ignorance in case 1 whose false evidence could be used to convict suspects like what happened in Taylor case.
Almost every learned lawyer including the defence lawyers of the suspects have forgotten that OTP was pivotal in crafting the false evidence that they are defending in court today. Fatou Bensouda must face perjury proceedings and other related matters. Many of us since 2006 have been telling the world that ICC (OTP) must be reformed so as to create an independent investigative roles and prosecutorial functions in ICC. The ICC we have today has the Chief Prosecutor, the investigator, the charger, the prosecutor, the trial leader, the media boss, the political wing of the court and the executioner!
Taylor was convicted on balance of probability using one witness. I have written this document as one of my testimonies on ICC to all the people of Africa, the world and especially the Kenyan people who have supported me in exposing OTP on this long journey. President Uhuru Kenyatta , Deputy William Ruto , Arap Sang must know the harsh reality that without an Independent Panel to look into how witnesses and investigations were conducted in the Kenyan situation it will be impossible for them to have a fair trial and win a case in the ICC.
Independent panel needed before any further trial, is what a good defence lawyer in Europe asks for and should have been a priority for the defence lawyers so as to create a legal by pass that will stop us from reaching the gates of Hell. This would have forced Fatou Bensouda to come to senses and halt the Kenyan cases under Article 53. But President Uhuru Kenyatta and suspects defence lawyers want to carry medals at the expense of a nation that continues with a court that has shifted goal post beyond imagination and proved that lies were paraded to the world in form of evidence.
I am avoiding harsh judgment in history by telling facts now so that there is blame game in future. Those who have followed my work on ICC will know that I have done so to avoid the harsh judgment of history when time comes for the truth to be remembered. I will in particular address the suspects in the Kenyan cases who have suffered and whose lives will never be the same because of the flawed methods used by the ICC (OTP) to gather evidence and witnesses.
True justice and transparent legal equality is my mission on Kenyan cases. I want the world and those who believe in true justice and transparent legal equality to know that the evidence in the Kenyan cases was faked by the former Chief Prosecutor Luis Moreno Ocampo and the former Deputy Prosecutor now Chief Prosecutor Fatou Bensouda with the help of 11 Kenyan intermediaries whom I want the ICC Appeal Chamber 5 to make public so that Kenyans and world know who framed who in the ICC saga.
Why has the Appeal Chamber 5 sealed my evidence before the court? It is because the truth about Kenyan cases is embedded in my material where 11 men and women sat and selected who should go to The Hague? If not so why has the ICC appeal Chamber 5 refused to unseal my material where I have named and shamed 11 Kenyans and NGOs that brought misery to this nation?
I walked, torrid, laboured , and traversed down the murky aisle of debunking the OTP office, enduring a barrage of scathing attacks on my character by African conflict merchants called NGOs “evil society” that have benefited out of the ignorance and the misery of victims. The way Kenyan NGOs behaved in the last ASP leaves no room for sanity. I can state to the world that good NGOs are not a government but are part of Governance that is much needed in the world today. But Kenyan evil NGOs were created for purposes of money making machine called ATMs for few unpatriotic Kenyans who thrive on the ignorance of hapless citizens.
I am a firm believer of Transitional Justice which encompasses a set of judicial and non judicial principles that met out criminal prosecutions, truth commissions and reparations. As it was the case with the proposed local tribunal and local transitional justice mechanisms of conflict resolution in the Republic of Kenya.
Why have I stood high on Kenyan cases? There many in the world who think I have material interests in the cases and brand me all manner of names but I want to assure you that I have a passion to defend those whose rights have been violated like the Kenyan suspects.
It all started when the Africa’s conflict entrepreneur Dr. Kofi Annan handed over an envelope of 20 suspects to the then International Criminal Court prosecutor Luis Moreno Ocampo at The Hague. Luis Moreno Ocampo regularly bombarded Kenya to initiate local criminal trials or risk being prosecuted at the ICC, while at the same time ignoring the magnanimity of the just concluded 2007 general election and the difficult implementation of Agenda 4 of the National Accord.
Setting the record straight for my haters and those who have doubted me on this journey. First, to set the record straight, the Republic of Kenya never invoked Article 14 sub article 1 of the Rome statute which states that “a state party may refer to the prosecutor a situation in which one or more crimes within the jurisdiction of the court appear to have been committed requesting the prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with commissions of such crimes.”
Second, Luis Moreno Ocampo right from the onset was on an a lousy fishing expedition hell-bent on making false history and vindication by posterity when he unprofessionally regurgitated that he wanted to make Kenya “a world example of managing violence”
Uganda’s first case in Africa at the ICC left me with no alternative but to expose the monster ICC. There are those who have asked me why Kenya and not Uganda? I took part in bringing peace to my country Uganda after 24 years of terrible history. I saw ICC tearing us apart as it is doing in Kenya governance today and accepted to mediate between the rebels and Government of Uganda as chief peace negotiator not military mediator.
Kenyans were warned as early as 2008 about the false ICC investigations through television. They were told to be very careful about OTP Moreno Ocampo and his methods. Many Kenyans who still remember my voice on TV with Jeff Koinange will bear witness here. I fronted the idea of a creation of a special division of the High Court for Kenyans (as was the case with Uganda) to deal with the 2007-2008 debacle.
I unequivocally rejected the International Criminal Court (OTP) advising that the court trials would derail the prospects of development, peace and stability in the East Africa Region, in my open letter to the United Nation Security Council that can be found on my website www.africaworldmedia.com titled: ICC actions may become a threat to Peace in Kenya. I have been vindicated by what is happening in Kenya today and as leave for my home I still stand clear minded that I was one of those who knew that there would be a bungled case.
The day ICC landed on Kenya with political undertones is when on 31st March 2010, the Pre-trial chamber II pursuant to Article 15 of the Rome Statute granted the prosecutor his request to open propio motu investigation regarding the 2007/2008 post election violence. Having been laced and clouded with prejudiced motives of making Kenya an example of “world best example of managing violence.”
He conducted shoddy investigation which amalgamated with pseudo intermediaries who concocted evidence in a rush to comply with Ocampo’s prejudiced motives of using Kenya as a world example of managing conflict. “ I think I have a strong case because the Waki commission is a very good report, it’s full of information and there are other reports; the UN report, different other human rights groups reports, I believe I have a very strong case,” Ocampo own words at a media briefing in Windsor hotel Nairobi 2009. We can see where he got his background information.
Bold and decisive position taken by me as a lobbyist and expert on conflict to further persuade the International Criminal Court that invoking article 15 of the Rome statute could lead to flawed justice for both victims and the alleged perpetrators of the Post election violence as well as lead to a Cataclysmic Politico-socio fallout across the country with a dire prognosis for Kenya.
On the 17th December 2010, the Africa World Media released a press release titled: We respect ICC but I loathe Moreno Ocampo: The fight for real censure of Moreno Ocampo on Africa cases has just started. I categorically stated that the Africa World Media supports the fight spearheaded by the ICC but vehemently opposes the conduct and the behavior of the office of the prosecutor.
Deferral under Article 16 lobbied in 2011. I also went further to shed more light on 2nd February 2011 on the option of deferral of the International Criminal Court Kenyan cases on article titled: Why the deferral of Kenya case by AU to UN will be the Final death Nail in the coffin of ICC as an International Institution of Justice . I argued that the United Nations Security Council will look at “Kenyan Redemption strategy’’ in its review of the AU application.
Watch dog for international justice system .In my relentless efforts as a watchdog of international Justice Systems and a custodian of human rights for both suspects and victims, wrote an extensive letter lobby to the ICC on the 18th February 2011 titled: Lobby letter to the ICC on the Kenyan case. In which I annexed and enclosed; (a) conflict monitoring chart that predicted how regions, population numbers, conflict prone areas and how 2012 will see violence in Kenya (b) video clips from Sky news 2007 violence in Nairobi-Kibera-Kisumu-Mombasa where nothing has been mentioned in the report (c) Video clips of all my public statements on TV stations around the world made since 2004-2011 on ICC cases of Africa and bias, corruption on Moreno Ocampo.
I am not against justice or ICC as an institution of justice but OTP as corrupt entity and I have not tried to circumvent or pervert justice, but with a honest Pan African view tried to expose the rot and the corruption behind Luis Moreno Ocampo who was at that time conducting investigations into the Kenyan case. In my lobby letter I stated clearly that having observed Ocampo from 2004 in his case situations in Central African Republic and Congo, the prosecutor smacked off corruption, bribery and foul play. Therefore it was my honest civic duty as a citizen of the world to inform the ICC of its wayward prosecutor who was putting the reputation of the court to disrepute.
My firm stands against a rogue prosecutor and (OTP) that the ICC as a court was operating with a rogue prosecutor who was out looking for scape goats to make up for Kenya’s past historical injustices. I also predicted right from the onset that the Kenyan cases would fall on stony ground due to the bungled, fake and doctored evidenced from the ICC chief prosecutor. True to my assertions and predictions two of the Kenyan cases (Kosgey and Ali) were thrown out during the confirmation hearings.
On the 4th May 2011, I wrote an article to the world titled: Open letter to those who oppose ICC methods in Africa. I questioned the rogue and unscientific investigations conducted in the Kenyan situation. I stated that Moreno Ocampo screwed over $ 2.5 million dollars on a sunshine holiday in Kenya and never investigated the cases in Kenya. He over relied on intermediaries such as Waki Report and the KNHCR reports whose evidence was flawed and would merit as an open and shut case in a court of law.
Barrack room lawyer (Ocampo) on the 4th September 2011, was given a beating in my article: The Kenyan Trial is a political trial not a legal trial as perceived by the world.
In my article I tore Ocampo into pieces sighting his shortcomings and labeling the ICC as an inappropriate vehicle of conflict resolution in Kenya due to its temporal jurisdiction. I also asserted that the trial was politically motivated by Washington to punish Kibaki’s east policy orientation and subsequently reducing themselves to succession politics.
I warned against the confirmation of the Charges at the ICC in my open letter to the pretrial chamber titled. In that open letter to the ICC judges on the 28th September 2011 warning that Ocampo has over played his hand in Africa more than once bungling each and every case. I pleaded with the judges to clip Ocampo’s wings and fraudulent hands by not confirming the charges against the six Kenyans, challenging them not to succumb to the “politics of master and puppet rhetoric virus.”
Hope from Tanzania that never came when on the 23rd November 2011, I wrote to then UN Deputy Secretary General, Dr. Rose Migiro in a lobby letter titled: Kenyan Cases at the ICC and the Flawed Actions of the Chief prosecutor. I decried the nature of the investigations and pleaded the UN not to allow the Kenyan cases to go to full trial due to the fragile nature of the Grand Coalition and the Somalia which was the seed bed of terrorism in the Horn of Africa. I also recommended to the UN to open investigation into the conduct of Ocampo which I believed was depraved
Struggle with ICC court registrar to alert the court of shortcomings in a letter to the registrar of ICC on the 19th December cautioning the registrar against using toxins of manipulated lies as evidence, in a letter titled: Letter to the Registrar of ICC. I did this because I knew that the Pretrial Chamber 11was using witness (OTP4) as part of the evidence while witness number 4 had recanted his evidence given to the Waki Commission through his Attorneys in New York and had expressed his intention to pull out from the case through a later dated December 10th 2010.
I raised serious questions pertaining the conduct of the ICC prosecutor’s conduct as the prosecutor did not notify the pretrial chamber of the willingness of witness number four to recant his evidence. This was unprofessional and pure fraud as it also vindicated my proposition on the conduct of the ICC chief prosecutor.
Confirmation of Charges on faked evidence cam on 23rd March 2012, the Pretrial Chamber II confirmed the charges against William Ruto, Joshua Sang, Francis Muthaura and Uhuru Kenyatta. 4 Kenyans and declined to confirm the two cases of Hussein Ali and Henry Kosgey. Being not a unanimous decision it showed that there was no consensus on the threshold of the cases as the two judges succumbed to the pressure of neocolonialism.
Exposed witness No4 (OTP4) as liar who had recanted evidence and this where Uhuru Kenyatta cases collapsed. Having exposed witness number 4, who was a serial conduit for corruption and faked evidence, the ICC turned the heat on me the messenger or the whistleblower instead of addressing the crux of the matter which is the rot and flawed investigations oozing from the OTPS office.
On the 19th March 2012, the chief prosecutor of the ICC notified me that he was intending to carry out investigations against me under article 70 of the Rome statute of the ICC. He flew to Nairobi where he interviewed me on the 12th and 13th April 2012.
During my interview and subsequent investigation I submitted to the court a plethora of documents and exhibits in my defense concerning allegations leveled against me by the prosecutor concerning the publication of Africa World Media, concerning documents, material and affidavits of witness No.4 in case Number.2 of President Uhuru Kenyatta.
Request for independent Panel to investigate how evidence was gathered has been done. I did this during in my interview in Nairobi for an inquiry concerning the OTPS office biased, corrupted, shoddy investigations and perjury committed by Moreno Ocampo. I proved to the investigators that Moreno Ocampo had committed perjury by concealing the affidavit of witness No4; where the witness No.4 had recanted his evidence against Uhuru Kenyatta and Francis Mathura the two accused during the confirmation hearing case No.2 before the trial Chamber No II of the ICC.
I filed an Application on the 28th May 2012. Titled-Confidential Application with Confidential Annexes of Dr David Nyekorach Matsanga for the disqualification of the disqualification of the Prosecutor pursuant to article 42(8) of the Statute. (ICC-01/09-89-Conf-Exp-Anx 1 (OA 2) PP-2-16. ) Which is public and can be read on ICC website.
Muthaura Charges withdrawn because I blew up OTP4 of which on the 12th March 2013, the chief Prosecutor of the ICC, Fatou Bensouda filed a motion to withdraw charges against Francis Muthaura. “In her notification Paragraph 11 stated that “...in Addition there have been post confirmation developments with respect to a critical witness against Mr Muthaura, who recanted significant part of his evidence after the confirmation decision was issued and who admitted to accepting bribes from persons allegedly holding themselves out as representatives of both accused, in all the circumstances, this witness was dropped from the prosecution’s witness list for trial. Investigations have continued until now, but without cogency of the prosecution. ”
This where perjury proceeding against Fatou Bensouda must be initiated. The case of perjury proved in international law. I can toady prove my case that the office of the prosecutor committed perjury not post confirmation developments as Fatou Bensouda diplomatically puts it. It vindicates my case against the prosecutor and my position that the International Criminal Court should open an independent inquiry against the office of the prosecutor.
On the 20th March 2012 after the Bensouda’s notice I instructed my International lawyers to write to the Chief prosecutor to terminate all investigation proceedings against me. On the 29th March my international lawyer filled an application to the appeals chamber 5 of the ICC seeking a re-consideration and judgment which the ICC had made on July 2012. The court declined and I did not keep silent I continued to fight on up to now.
In my media briefing on 3rd April 2013, to the world on ICC, I categorically stated that if the ICC fails to open up an independent inquiry in regard to the conduct of the chief prosecutor I will file perjury charges against the OTP office.
My position on Kenyan cases is that having traversed the mucky waters of the International Criminal Court, and defended the right of suspects and victims to a fair and just international justice, history will have it and posterity will absolve me for standing for the truth and defending the mutilation of the rights of suspects at this ongoing trial.
Defence lawyers of President Uhuru Kenyatta, Deputy William Ruto, and Arap Sang should without fear of any contradiction ask the court to produce the confidential material that the Appeal Chamber 5 of the same court has denied them access.
The evidence collected and now sealed under the Appeal Chamber where 11 Kenyans that I named and as intermediaries will help the defence of the suspects to cut short this trial short. If the Appeal Chamber 5 is not corruptly being used by OTP to hide the evidence that incriminates Kenyan intermediaries who coached witnesses and procured witnesses by OTP, then why has the Appeal Chamber refused to de-classify my investigations where I named 11well known Kenyan sharks who fixed Uhuru Kenyatta, William Ruto, and Arap Sang?
Way forward and suggestions:
Kenyans and Africans plus those in the world who have supported me on this journey must know that I have done what I can to expose the flaws in these cases so as to stop them because they were fake in nature and format.
But I want to assure all of you that my efforts have not dwindled due to the lack of my personal stamina. It has saddened that older democracies in the world have influenced these cases with political pressure from some western nations namely France, Germany, and USA that have changed the direction of these cases.
Secondly the amount of corruption that is embedded in the OTP and ICC as a court has worried me as an African who thought suspects would get justice through a fair trial. I will soon expose the failures of the President of the ICC if he does not allow an Independent Panel to look into what has happened and how Kenyan cases were investigated as I have stated above.
My word on this matter is the more the ICC cases in The Hague drag the more it becomes impossible for peace and development to grow in Kenya. The cases at The Hague have crippled and polarized Kenyan governance and political direction. The western countries mentioned and NGOs in Kenya are pushing for a silent regime change in Kenya by dragging these cases in order to create fear and disillusionment of the Kenyan masses.
My appeal to these western nations namely France, Germany, and USA where my intelligence sources indicate that they at the heart of wanting to NAIL somebody from Kenya by hook or crook is that, Kenya is a pinnacle of hope in the region and a pivot of peace in Great Lakes Region. The leadership of this nation must be free without any trepidation and international baggage that could derail the fight against Al- Shabaab in Somalia.
The leadership of Kenya is at the center of resolving many conflicts (South Sudan, Somalia, and Central African Republic) that could turn East Africa and Great Lakes Region into an inferno and their continued presence at ICC on faked evidence kills and squanders the chances of peace in these countries. They need to be free and able to steer these missions without ropes tied around their necks.
Dr. David Nyekorach- Matsanga
Chairman / CEO
+447930901252 London+254723312564 – Kenya