The Trial Chamber 5 of the ICC and the ICC Presidency  have now taken a right  decision to recall all evidence surrounding Mr. James Maina Kabutu commonly  known ( OTP4) in the Kenyan case against President Uhuru Kenyatta . This is the sarne witness ho had recanted his evidence in October 2010 and had written to the Chief Prosecutor in the same year 2010. But the drama galore that we see in ICC today  is disheartening  to  Africans  who  hoped  that  such a court  would  be above petty sickness of manipulation from the likes of immoral Prof. Makau Mutua and others who faked this evidence.

The recanted evidence of OTP 4 was used over 164 times during the confirmation of Charges against President Uhuru Kenyatta in September 2011. The Trial Chamber should go further  than what they did yesterday 12th  June 2013 by asking as to when, how, why did the then Chief Prosecutor decide to use recanted evidence? I have all correspondences showing the dates, the time and the seal numbers of ICC shownig, when the letters that notified the ICC were sent to OTP and the replies from the OTP to Maina Kabutu lawyers.

I single handedly stood high in the internationai community  to investigate  and expose the fake and rotten evidence that was submitted  to Pre- trial Chamber 2 in September 2011. In an attempt by the then Chief  Prosecutor, Mr. Luis Moreno  Ocampo and the deputy Fatou Bensouda to  conceal perjury incidents they tried to threaten and silence me in April 2012 by invoking Article 70 of the Rome Statue of 1998. I defeated them and the truth set me free after Fatou Bensouda admitted  that OTP4 Mr. James Maina Kabutu was a cooked liar and had recanted his evidence.

The current events at ICC are a dear indication that the Kenyan cases were not properly investigated. ln our letter dated 28th April 2013 to the President of the court Judge Sang Hyun Song we pointed out that there was a need for an Independent panel to investigate the claims of perjury incidents where the court connnived with the OTP to pevert the couse of International justice. We welcome the response on some of the burning issues that have discredited the ICC in Africa.

In our press conference held in Nairobi on 30th May 2013 we made our position clear on corruption in the OTP. We informe tIhe public  in that  press conference that we shall table to the world serious incriminating video evidence about the operations of the former Chief Prosecutor Mr. Moreno Ocampo and the successor Ms Fatou Bensouda. That the days of OTP are seriously numbered and the earlier  the OTP terminates all the rotten cases under  Article 53 and does a new investigation into the Kenyan situation the better  for the ICC standing in Africa. Bringing rotten cases back to Africa does not serve justice for both suspects and victims of PEV of 2007-2008.

We  have now  received  big boost  and  encouragement  from  the  current  developments  in  the  ICC Chamber 5 and we welcome the new spirit of the Defense team of President Uhuru Kenyatta which should have registered such request much earlier. The rot in both Kenyan cases lies in this package of the imaginary and unprotected  witness No OTP 4 where well known Kenyan intermediaries  and NGOs helped the OTP hatch fake evidence against both cases.

In order to expose the rotten legal malaise that has been embedded in case two against  President Uhuru Kenyatta, the defense team MUST ask the court to summon all the evidence that is in the custody of the ICC Appeal Chamber 5 -  Dr. David Nyekorach- Matsanga Verses Chief Prosecutor of ICC case No. ICC-01-02/11 that  has been sealed under Exparte- Confidential  status. The files have been gagged by the Appeal Chamber because they have the heaviest blow to entire ICC Court which allowed perjury to be performed under European Law.

My organization is determined to bring to trial those who committed  perjury and under the European law in Britain which is a signatory of the ICC. Such actions are punishable by the laws of European Courts that have indicated to us that  proceedings can be entertained in European courts. The diplomatic  immunity that Ocampo and Bensouda enjoy and use to molest Africans in Europe will soon be under the microscope of European law.

Once again I want to thank the President of ICC for taking seriously and noting the contents of our letter dated 28th April 2013 and we thank the Trial Chamber 5 for moving in the direction of equal justice that had lacked previously.


Dr. David Nyekorach – Matsanga.
Chairman /CEO
Pan African Forum Ltd & Africa world Media Ltd
Surrey England