2605OPEN LOBBY LETTER TO ICC CHIEF PROSECUTOR ON FAKE KENYAN CASES THAT ARE BEFORE TRIAL CHAMBERS (Va, Vb)
By Dr. David Nyekorach-Matasanga London UK 26th May 2014.
26th May 2014
RE: CREDIBILITY AND IMAGE OF ICC IS DENTED BY OTP HANGING ON DEAD KENYAN FLAWED CASES- I CALL UPON YOUR WISDOM AS GOOD LAWYER FOR TERMINATION OF BOTH CASES( PRESIDENT UHURU MUIGAI KENYATTA, DEPUTY PRESIDENT WILLIAM S. RUTO, AND ARAP SANG) TO RESTORE AND REDEEM THE COURT’S IMAGE ON AFRICAN CONTINENT.
Madam Prosecutor, when some of us traveled to Rome in a cold winter as energetic lobbyists in 1998 to witness the formation of ICC court we thought the Court (ICC) would bring solace to many African countries that needed extra justice to tame dictators who ravaged this continent. In 2008 when Luis Moreno Ocampo announced that he would start his investigations we thought there would be justice for both victims and suspects of 2007-2008 PEV in Kenya.
Madam Prosecutor, the above factors have just been a mirage and elusive to many of us and at the expense of a country called Kenya. Your continuation with Kenyan flawed, faked, sexed, doctored, repugnant cases has polarized the nation called Kenya and could destabilize the country further since the “same masters of mass action” whom Luis Moreno Ocampo did not charge in his charge sheet in 2008 are back on the streets of Nairobi calling for mass action that sparked the killings of 1300 people in 2007-2008. I don’t know whether in your investigations about Kibera killings you heard of the word mass action? Does the word mass action ring a bell to you?
Madam Prosecutor, Methinks the withdraw of witnesses like poker cards, the use of fake evidence, the coaching of witnesses under your tutorial services using Walter Barasa and Ken Wafula and others, the use of political intermediaries to molest suspects, President Uhuru Muigai Kenyatta, his deputy William Ruto, and Arap Sang has been the Hallmark of both Kenyan cases.
Madam Prosecutor, most observers have been very disappointed by the current status of the cases that are before Trial Chamber (Va , and Vb). The manner in which the OTP has conducted its investigations, prosecution of cases, substance of cases, integrity of witnesses, and false evidence that is now paraded before the eyes of the world are kicks of dying donkey that wants to leave a mark in history of life. This has shocked millions of people worldwide who anticipated fair trial at the International Altar of Justice.
Madam Prosecutor, termination of Kenyan cases will give ICC a new face in Africa. The court has suffered with the bungled Kenyan investigations. The court is sorting problems caused by poor OTP investigations of the Kenyan cases and as Amicus Curiae of the court I find many things shocking. In my several applications which I have put before Appeal Chamber 5, I have asked for two remedies.
Madam Prosecutor, the OTP showed complete absurdity when they asked for bank statements and financial dealings of President Uhuru Muigai Kenyatta. The core of the Prosecution evidence collapsed when OTP4, OTP11, OTP12 were declared liars by the same OTP that investigated President Uhuru Muigai Kenyatta’s case.
Madam Prosecutor, It was shocking to watch the theater of deceit by the acquired OTP British lawyers in Trial Chamber Vb when they asked for evidence of bank accounts whose information was provided by Mungiki outlawed witnesses. The same fake witnesses who have since confessed that they lied in 2008-2009 would not help you at the Trial Chamber Vb in 2014. In short I don’t whether you are the one fooling the court or the court has fooled itself on this question of bank records and money handouts which was a hearsay from pork and meat joints of Nairobi
Madam Prosecutor, the same lairs(Mungiki OTP4, OTP11, and OTP12 ) and the same lies of( MungikiOTP4, OTP11,OTP12) about money that came from the same Mungiki outlawed gang(OTP4. OTP11, OTP12) who have been declared liars by yourself (Fatou Bensouda) is what the OTP is banking on to present to the same Trial Chamber Vb on 7TH October 2014 against a President of 40 million Africans who are about to go to the streets again because ICC factor has traumatized the nation called Kenya!.
Madam Prosecutor, how then will the bank accounts help this same Trial Chamber Vb in 2014 when the fountains of lies (Mungiki OTP4, OTP11, OTP12) are no longer witnesses in the Trial Chamber Vb? Doesn’t someone in this court see the anomaly and question the rationale of wasting international taxpayer’s money in funding a dead case of President Uhuru Kenyatta at the expense of peace and reconciliation that has taken place in those areas of conflict?
Madam Prosecutor, at the center of Kenyan cases is the rotten, contaminated evidence and criminal witnesses that have been assembled by ICC (OTP) to testify in both cases of President Uhuru Kenyatta, his Deputy William Ruto and journalist Arap Sang. The saga is even very sad in case One of Deputy William Ruto and Arap Sang where witnesses were manufactured in the streets of Eldoret town and Nairobi by your investigators.
Madam Prosecutor, rotten evidence that was collected by intermediaries in Kenya, recanted testimonies which were allowed in court, procured witnesses who were allowed to testify in court during confirmation and now Trial Chamber stages, ICC bribed witnesses, and above all investigators who were trained by well-known political opponents of all the Kenyan suspects before they left The Hague in 2008-2009 is great sham in history of International justice. What does this add to Madam Prosecutor?
Madam Prosecutor, doesn’t it occur to you that case number two of President Uhuru Muigai Kenyatta should be terminated now to restore the image of the court that has suffered due to shoddy investigations?
Madam Prosecutor, we all know in Africa that Prof. Harve Maupue is typical lair and that he only spent 6 months (in Nairobi French Theater) near the National Theater of Kenya learning Kikuyu and Kalenjin languages. I agree with defence lawyers of William Ruto and Arap Sang that the evidence of this expert was full of “a beast of lies” made in French connection films. This court has been reduced to comedy of all tales that beats Shakespeare’s plays. The stage is coloured with naked petals of lies and things have fallen apart in the OTP and ICC Chambers Va, Vb! What a show at ICC?
Madam Prosecutor, it was the same OTP that have asked for more time to look for more fabrications to present to court on President Uhuru Muigai Kenyatta, Deputy William Ruto and Arap Sang cases. The same in 2008 told us they had a tight water case and ready to nail the suspects! Doesn’t it sound very strange and doesn’t this lead to the question of who will account for the mess that this court has caused on African continent and Kenya in particular?
Madam Prosecutor, the testimony of the so called French expert was shallow. The amount of lies presented to this court is equivalent to distance between Earth and Mars. The cases are creating tension in the country of Kenya instead of creating peace and sustaining the healing process. The cases are killing the integrity of ICC and destroying Kenya because the President and Deputy despite doing well are still worried about ICC and have little time to concentrate on national and regional security which is a real threat to the entire region. The quicker we terminate the Kenyan cases the lesser the cases create a new form of conflict in the governance of Kenya.
Madam Prosecutor, the documents that I have placed before the court in my applications about these cases as Amicus Curiae of the court show a lot of flaws in both cases. I have fought tooth and nail to expose the undercurrents in OTP that show insanity in both cases. I have blown a big whistle for over 6 years telling the world that something was, is and will be wrong if the Kenyan cases go full trial the way they were investigated by Luis Moreno Ocampo.
If I am wrong time will tell.
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