1309AFRICAN UNION IS RIGHT: KENYAN ICC CASES MUST BE HALTED IN INTEREST OF ICC IN AFRICA

Following the start of the flawed,doctored,and politically  motivated cases of Kenya in ICC,Pan African Forum (PAF) and Africa World Media Ltd (AWM) would like to issue the following statement in support of African Union (AU) and the Chairperson of AU in calling for a halt in all the Kenyan cases.  We fully support the sentiments raised by the AU Chairman,and the AU Chairperson and as we have lobbied for 5 years for the ICC to reform the OTP which is at the center of the rotten investigations in Kenyan cases.

PAF and AWM  wants to tell  AU and all those interested in the Kenyan cases that  everything  from witnesses, to evidence gathering  In these cases was procured  by OTP investigators through opportunistic NGOs in Kenya. The moral fabric of the OTP on the Kenyan cases is decayed. Kenyan NGOs and some high ranking opposition figures in Kenya worked in cohort with international mafia ring of George Soros that conned the former Chief Prosecutor Moreno Ocampo about witnesses and evidence that we see today in The Hague.

PAF and AWM have now proved to the world that Kenyan suspects were chosen from the looks and heights of their bodies from  their respective parties and the suspects are not  in the court today because of the amount of criminality of the cases before them. The implicating evidence was got from cut and paste using flash discs by the main NGO groups that have enriched themselves from the plight of victims of PEV in Kenya.

PAF and AWM notes with great sadness that  It is indeed a shame  that witnesses are falling like poker cards because the procured witnesses cannot sustain the lies that were impregnated into them by these opportunistic NGO agents 5 years ago . The ICC as a court should come hard on those NGO bosses in Kenya who coached and induced witnesses in Kenyan cases. Most of them are trying hard to justify their actions ot 2008 by writing long essays of deceit to the world regarding witness saga in Kenya.

PAF and AWM have for more than 5 years or so exposed and campaigned against flawed investigations in Kenyan ICC cases where witnesses were procured by international agencies( like USAID- Kenya and Open Society Foundation O.S.F.) using local NGOs, where witnesses were coached by political opponents of the accused, where intermediaries were used to gather crucial evidence against suspects, where crucial materials like death certificates were not collected by the OTP, and finally where recanted evidence was used to confirm charges against President Uhuru Kenyatta, and other suspects in the cases.

PAF and AWM  would  like to draw the attention of AU and the entire world  to the use of  ( OTP) witnesses  No. 4 Mr. James Maina Kabutu whose recanted evidence of 2010 was used in confirming charges against President Uhuru Kenyatta in 2011and currently the inclusion of political witnesses P603 and P604  in the case of  Deputy President William Ruto.  The current stalemate in the ICC witness protection  racket bears us out. Most of the witnesses were bought to lie against the suspects and they find it difficult to lie 5 years down the road.

PAF and AWM on 28th  April 2013 wrote to the President of the ICC Judge Sang Hyun Song and the head of Appeal Chamber 5 requesting the court to address the allegations of witness inducement and procurement by the USAID Kenya and local NGOs, but the ICC President turned a blind eye to such allegations and continued as usual. The ICC has failed to constitute an Independent Panel to look into all these malpractices that have formed part of the rot that is in OTP.

The moral decay in the OTP which was embedded  by the former corrupt, inept  and dishonest prosecutor Luis Moreno Ocampo and now followed by the mistress of impunity in Africa the current Prosecutor Fatou Bensouda ,who previously defended dictatorship in Gambia as the then Minister of Justice and Attorney General before decamping to ICC, has continued unabated.

The so called developed democracies in Europe have closed their eyes on ICC criminal activities surrounding witness inducement in Africa and are only interested in having high ranking officials of an African country humiliated in The Hague. They have clouded themselves with Kenyan NGO amnesia that could kill the spirit of fighting impunity in Africa.

The world can see for itself the kind of rotten evidence that OTP has been placed before an honorable Temple of international  justice. The conduct of the OTP and the failure by the ICC President to address serious flaws in the court system could destroy the redemption strategy that had emerged in Kenya among the same ethnic enclaves where the violence occurred in 2007-2008.

The main worry of all these fake trials that are being pursued politically by some western nations is the likelihood of the same trials creating new victims instead of stopping impunity in Kenya. The role of Dr. Kofi Annan a (so-called AU eminent  person on Kenya) in handing over an envelope of  internal investigations into the hands of foreign Chief Prosecutor of ICC disregarding the Kenyan authority was suspect.

In a nutshell the entire Kenyan cases started on wrong footing  with bias and selective justice, avoiding complimentarity mechanisms that  were enshrined in the Rome Statute of 1998. It  is therefore our humble submission to AU and to the ICC that the Rome statute under Article 53 provides for termination of such flawed cases. The Chief Prosecutor should save the ICC from extinction on the African continent by doing so.

We therefore support the AU suggestion of halting the cases to allow fresh investigations as enshrined in the 1998 Rome Statute that most people in the world thought it would curb impunity  in the world without discrimination!

Thank You.

Dr. David Nyekorach – Matsanga.
Chairman /CEO
Pan African Forum Ltd & Africa world Media Ltd
+44(0)7930901252
+254(0)723312564
Surrey England

africastrategy@hotmail.com
dr.davidmatsanga@yahoo.com