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Post by mintos on Mar 1, 2012 18:28:54 GMT 3
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Post by reporter911 on Mar 1, 2012 19:01:32 GMT 3
Nothing smells right on this one.. so let them go an file at the ICC first instead of posting on youtube.. who is the lady? and James Maina residing in New Jersey ha!!ha!! what a joke... this is a very shady set up.. We all remember what happened during the 2007-2008 elections when some Kenyans in the USA wrote false statement handed them to the USA Government - This guy was not even residing in Kenya Uhuru, Muthaura, Mungiki and now he is denying Mungiki connection apparently he is in-charge of the Mungiki USA sect?  This guys will be buried alive ;D ;D ;D ;D IT SMELLS ROTTEN...... STAGED...... HA!!HA!! |
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Post by job on Mar 1, 2012 19:15:07 GMT 3
1) A little due diligence will immediately reveal to you that David Matsanga is a well known International conman who acted as the LRA spokesman for ICC wanted fugitive Joseph Kony. It is Ocampo who prosecuted Kony. JUKWAA archives have links exposing Matsanga for what he really is - any institution of worthy repute will treat Matsanga's propaganda with the contempt it truly deserves.
2) That a Mungiki criminal insider who voluntarily disclosed his own participation in PEV; testified under oath at the Waki Commission; corroborated the statements to ICC investigators; received and continues to receive Witness Protection Benefits from the international community; then, at the instigation of the Matsangas of this world - recants all his testimony (again under oath) only invites suspicion of COMPROMISE by agents of the accused.
3) Such antics will only harm the accused; not Ocampo; and certainly not ICC's reputation! Take this to the bank. All ICC Judges are capable of deciphering the chicannery, desperation, and mafia-tactics behind the scene - whether PT Chamber Judges, Trial Chamber Judges, or Appellate Judges. This idea that some smart-Alecks think they can con the entire international community or intimidate ICC Judges to reverse certain decisions is laughable at best.
4) Ever since Matsanga took to Jeff Koinange's bench on the Uhuru-Kenyatta-owned K-24 TV, where has this scheme of propagandist antics got Uhuru et al? Your guess is as good as anyones.
5) Judges have witnessed the relentless attempts by the Uhuru/Muthaura teams to intimidate witnesses. Remember Uhuru Kenyatta’s defense claim about OTP witnesses (OTP-11 and OTP-12) being criminal extortionists? Uhuru’s Queen’s Counsels put up a facade they called "professional research" in trying to discredit the witnesses as criminal extortionists. After thorough scrutiny, PTC Judges dismissed the QC bullcrap as "wild extortion allegations against the OTP witnesses." In fact they established that no such extortion attempt occurred; only Uhuru's team trying to intimidate the witnesses to recant their statements.
6) Along the same lines, you can see these games above for exactly what they are. Total crap! Remember when Judges easily noticed the duplicity in Lewis Nguyai’s allegation about the OTP witnesses issuing him threats and extortion demands yet he (Nguyai himself) confirmed his continued "voluntary" and "sympathetic" payment of school fees for their (OTP witnesses) kids. The chamber even warned it won’t entertain such jokes any further.
7) If Matsanga wanted to dismantle Ocampo's theory, then he better get all factors on his side; let him have also Witnesses 11, 12, 9, 1, 2, etc all recant their statements....let him also have NSIS reports reversed...the entire CIPEV, UNDP, KNCHR, Kagwanja's article, and other reports annuled etc.
8) The moment Matsanga's star "recantor" keeps reminding ICC Judges that other Mungiki insiders named by these witnesses, like Maina Kangethe Diambo, Gitau Njuguna, were actually murdered (mysteriously gunned down), they are exposing to the same Judges a clear possible motivation why some witnesses would want to recant their statements. This is a classic art of witness intimidation - easily discernible by any average mind.
9) Its also good to note that Matsanga is hereby also outing Bethwel Kiplagat and George Kegoro as key players who were directly involved in assisting Ocampo's witnesses; besides the UNDP and other agencies. Is this another covert exercise to expose (line up) Uhuru's behind-the-scene 'enemies'? For this Mungiki dummy (James Maina Kabutu) to publicly reveal the alias name he uses on a UN diplomatic passport (Peter Karanja); even tracing the history of his asylum journey under the witness protection program (Swaziland to US) is yet another exposure of the impunity with which teams of the accused hold regarding key instruments of international law (witness protection mechanisms)....it will backfire on them...watch this space. You do not belittle and laugh at such costly international instruments and get away with it...ask Gadaffi, Taylor, Gbagbo et al....
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Post by kamalet on Mar 1, 2012 19:36:19 GMT 3
Quite some interesting rubbish!
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Post by adongo23456 on Mar 1, 2012 19:46:59 GMT 3
hehehehehhe. Talk about absolute nonsense. This is why.
1. David Matsanga has no standing before the ICC Court of Appeal. This is not a Chief's Baraza cum hearing behind a busaa club where every drunkard from the club can stumble in and start giving speeches as evidence. This is an appeal process where the parties to the appeal are the indicted individuals and their lawyers. Some bogus "investigative journalist" of ill repute has no business butting in to pee on the floor of the court.
2. The fact that Uhuru's lawyers themselves are not involved in this silly scheme tells you they already know how damaging this could be to their client. You can't just go fishing around for "evidence".
If any witness wants to recant their story, they will have to do so at the actual hearing under cross examination. Of course David Matsanga's abusive language towards the ICC prosecution process exposes his ugly agenda. He is going nowhere. Surely there must be other ways people can earn money from Uhuru instead of feeding him such rubbish in the form of false hope.
3. The only issue before the Appeal Court as of now is the issue of jurisdiction not this other far fetched nonsense. The Appeal court has been asked to determine whether mungiki constituted an organization within the context of the ICC statutes. If it does as has been ruled by the PTC II and Uhuru is deemed to have used it to further his murderous agenda in the PEV, then it is within the jurisdiction of the court to take the matter to full trial. That is the only issue the court has to deal with. There are no panya routes around the matter.
But I must say that the sense of panic and desperation we see with the Uhuru mob is not surprising. These people are desperate to avoid trial. They are trying to delay the trial, stall the same and obstruct everything. If they were so sure of winning these cases as they like to pretend, you would think they would be in a hurry to go to full trial and bring every evidence they have to prove their innocence. But no, they are out to scuttle the process. It will not happen.
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Post by mank on Mar 1, 2012 21:03:21 GMT 3
Quite some interesting rubbish! This fellow claims to have given witness to Waki Commission. It would be interesting to know if that is fact. If it turns out to be, then I would wonder where substance ends and rubbish begins. |
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Post by reporter911 on Mar 2, 2012 2:20:56 GMT 3
1) A little due diligence will immediately reveal to you that David Matsanga is a well known International conman who acted as the LRA spokesman for ICC wanted fugitive Joseph Kony. It is Ocampo who prosecuted Kony. JUKWAA archives have links exposing Matsanga for what he really is - any institution of worthy repute will treat Matsanga's propaganda with the contempt it truly deserves. 2) That a Mungiki criminal insider who voluntarily disclosed his own participation in PEV; testified under oath at the Waki Commission; corroborated the statements to ICC investigators; received and continues to receive Witness Protection Benefits from the international community; then, at the instigation of the Matsangas of this world - recants all his testimony (again under oath) only invites suspicion of COMPROMISE by agents of the accused. 3) Such antics will only harm the accused; not Ocampo; and certainly not ICC's reputation! Take this to the bank. All ICC Judges are capable of deciphering the chicannery, desperation, and mafia-tactics behind the scene - whether PT Chamber Judges, Trial Chamber Judges, or Appellate Judges. This idea that some smart-Alecks think they can con the entire international community or intimidate ICC Judges to reverse certain decisions is laughable at best. 4) Ever since Matsanga took to Jeff Koinange's bench on the Uhuru-Kenyatta-owned K-24 TV, where has this scheme of propagandist antics got Uhuru et al? Your guess is as good as anyones. 5) Judges have witnessed the relentless attempts by the Uhuru/Muthaura teams to intimidate witnesses. Remember Uhuru Kenyatta’s defense claim about OTP witnesses (OTP-11 and OTP-12) being criminal extortionists? Uhuru’s Queen’s Counsels put up a facade they called "professional research" in trying to discredit the witnesses as criminal extortionists. After thorough scrutiny, PTC Judges dismissed the QC bullcrap as "wild extortion allegations against the OTP witnesses." In fact they established that no such extortion attempt occurred; only Uhuru's team trying to intimidate the witnesses to recant their statements. 6) Along the same lines, you can see these games above for exactly what they are. Total crap! Remember when Judges easily noticed the duplicity in Lewis Nguyai’s allegation about the OTP witnesses issuing him threats and extortion demands yet he (Nguyai himself) confirmed his continued "voluntary" and "sympathetic" payment of school fees for their (OTP witnesses) kids. The chamber even warned it won’t entertain such jokes any further. 7) If Matsanga wanted to dismantle Ocampo's theory, then he better get all factors on his side; let him have also Witnesses 11, 12, 9, 1, 2, etc all recant their statements....let him also have NSIS reports reversed...the entire CIPEV, UNDP, KNCHR, Kagwanja's article, and other reports annuled etc. 8) The moment Matsanga's star "recantor" keeps reminding ICC Judges that other Mungiki insiders named by these witnesses, like Maina Kangethe Diambo, Gitau Njuguna, were actually murdered (mysteriously gunned down), they are exposing to the same Judges a clear possible motivation why some witnesses would want to recant their statements. This is a classic art of witness intimidation - easily discernible by any average mind. 9) Its also good to note that Matsanga is hereby also outing Bethwel Kiplagat and George Kegoro as key players who were directly involved in assisting Ocampo's witnesses; besides the UNDP and other agencies. Is this another covert exercise to expose (line up) Uhuru's behind-the-scene 'enemies'? For this Mungiki dummy (James Maina Kabutu) to publicly reveal the alias name he uses on a UN diplomatic passport (Peter Karanja); even tracing the history of his asylum journey under the witness protection program (Swaziland to US) is yet another exposure of the impunity with which teams of the accused hold regarding key instruments of international law (witness protection mechanisms)....it will backfire on them...watch this space. You do not belittle and laugh at such costly international instruments and get away with it...ask Gadaffi, Taylor, Gbagbo et al.... [/color] [/quote] |
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Post by kamalet on Mar 2, 2012 9:08:08 GMT 3
Quite some interesting rubbish! This fellow claims to have given witness to Waki Commission. It would be interesting to know if that is fact. If it turns out to be, then I would wonder where substance ends and rubbish begins. All that the article says is that the jamaa was a witness in CIPEV. NO one says when he became Witness 4 and how he left the protection of Ocampo - unless he is sequestered in the US! Just too unbelievable! |
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Post by destiny on Mar 2, 2012 15:07:30 GMT 3
Let me side step from the issue at hand and concentrade on this Matsanga character. I simply love this guy especially when Jeff hurriedly wheels him on K24 to cast aspersions on the ICC and it's prosecutor. This fake PhD holder is simply a cartoon whose sole aim to entertain just like a clown. I doubt there's anyone out there who takes him serious- except those who live in cloud cuckoo land. And by the way, the man has such a horrible incoherrent accent- never mind he has spent decades in England!
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Post by joblesscorner on Mar 2, 2012 19:28:47 GMT 3
Would this guy be on record if his not the a witness at ICC, he seems coached too, am sorry. why is he not looking the camera?
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Post by tnk on Mar 2, 2012 20:08:15 GMT 3
this is good
the OTP can now prepare well knowing that
the defence is bent on ensuring that the witnesses turn hostile to the prosecution. how many have recanted statements that they made voluntarily to the CIPEV. amazingly none of those recanting have taken the trouble to report to Iteere or his outfit, or even the AG, DPP or CJ's office. all of them are in strange places.
the silver lining here is that the OTP can be better prepared to handle these guys and how they will (for 30 pieces of saliva silver) will recant their evidence, initially provided voluntarily.
on the other hand, if someone says they lied then, what would make us believe that they are not lying now?
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Post by mank on Mar 2, 2012 20:21:29 GMT 3
I do not quite understand this drama, but like Joblesscorner I am wondering whether ICC should not go after these people for fraud and defamation of the system (if the allegations are not factual). I would however not be surprised to hear that some of the witnesses will not vouch for the evidence they gave in the past hearings - obvious untruths were told, arising from creation of the mind rather than witness advantage.
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Post by adongo23456 on Mar 2, 2012 21:32:11 GMT 3
I do not quite understand this drama, but like Joblesscorner I am wondering whether ICC should not go after these people for fraud and defamation of the system (if the allegations are not factual). I would however not be surprised to hear that some of the witnesses will not vouch for the evidence they gave in the past hearings - obvious untruths were told, arising from creation of the mind rather than witness advantage. Be careful what you ask for. The OTP is ready to take judicial action on anybody fooling around with witnesses. Here is the OTP response to this particular issue. www.capitalfm.co.ke/news/2012/03/concerns-over-icc-witness-confession-video/This whole thing was started by the Uhuru lawyers at the Confirmation Hearing where they claimed that they have evidence of a witness who had confessed to lying to Ocampo. Uhuru lawyers asked that the alleged witness be called to testify. They asked the PTC II to throw out the case on the basis of the alleged confession and perjury from Ocampo (Same story from Matsanga). They identified the witness as witness No. 4. The PTC II rejected their theatrics. Somehow the Uhuru team seem to have dumped the matter to Mr. Matsanga who now claims the witness has been looking for him. Mr. Matsanga has since sent his videos to the ICC and circulated it all over the media. Finally the matter is getting the attention of the ICC. Expect this matter to come up as soon as the Trial Chamber starts the case. If someone is playing games, they are going to regret it. If indeed the Uhuru team has any evidence that a witness who provided information to Ocampo is willing to switch to their side I see no reason why they would be playing chicken games with such a witness and exposing them to such ridiculous media circus. This looks like a very silly game for public theatre. It could backfire very badly. Here is the OTP: Concerns over ICC ‘witness’ confession video Posted by JUDIE KABERIA on March 2, 2012 The OTP will investigate any witness tampering and seek NAIROBI, Kenya, The International Criminal Court (ICC) on Friday warned it would take action against any persons threatening or claiming to expose protected witnesses of the court.
According to communication from the court to Capital News, the Office of the Prosecutor (OTP) said any claims of witness tampering would be fully probed.
“We will investigate who is trying to tamper with potential witnesses and we will request appropriate measures, including arrests,” the Office of the Prosecutor warned.
The comments follow concerns raised to the court by Capital News that a witness who identified himself as Witness Four in the case against Uhuru Kenyatta had withdrawn his evidence.
A video circulated on YouTube showed the apparent witness James Maina Kabutu, saying that he had withdrawn his evidence, since any testimony he gave was incorrect. The video was made way back in 2009 in New York.
On Friday, the OTP said it would be drawn into public debates but instead would honour its key concern of protecting its witnesses.
“It is our duty of protection not to make public or comment on the identity of OTP witnesses. Our reaction to these events will be judicial. Do not expect us to debate these issues in the media,” the OTP affirmed.
The communication from the court followed claims by Ugandan lawyer David Matsanga who made the video public.
“Witness number four has been looking for Matsanga on Google saying, sorry, they have withdrawn, what they were saying were lies,” Matsanga alleged.
Matsanga who took on ICC Prosecutor Moreno Ocampo further said he had been closely watching him since he started his first case in Africa.
“I have been following Ocampo. I am an African man who hates Ocampo and therefore I have now caught him in this case. I am accusing Ocampo of only one thing… perjury,” Matsanga said.
He became agitated when journalists sought to know why the witnesses approached him in particular.
He argued that the lawyers of the witness had watched him on Kenyan television stations and decided to look for him to tell him that the witness had withdrawn his evidence.
But his response, still did not resolve the doubts. “I investigate, I can find out if you ate yesterday or not. Boss I know a lot, so don’t take me like just these small… I have rubbed shoulders with very many. I have contacts, so you cannot expect me at 56 not to know.”
Capital News could not independently ascertain if the witness who appeared in video was indeed an ICC witness.
Matsanga distributed copies of documents between him, the witness’s lawyers and the court. He also gave out the video in which the alleged witness was being interviewed.
In the video, the witness is seen reading his answers and appears to seek directions from a third party.[/u] |
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Post by tnk on Mar 2, 2012 21:53:45 GMT 3
hehehe adongo moving right along to the next phase of this vitimbi/vioja muthamaki mahakamani when an arrest warrant is issued let me give you a clue first kibuchi will have to get a visa to the hague to confirm that the arrest warrant is valid. am guessing due to the seriousness of the issue he will have to personally interrogate all the OTP staff, the PTC I and II judges, appeal chambers, and even a few citizens in the neighbourhood www.the-star.co.ke/national/national/63504-philip-moi-escapes-arrest-for-second-daythen we have to ensure that there is a whole year where no dignitaries will be visiting kenya otherwise the police force will be too busy providing bodyguard services to bother with such nonsense as arresting a mere criminal. they have other more important stuff to do www.the-star.co.ke/national/national/65120-philip-moi-arrest-not-a-priority-police- |
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Post by Onyango Oloo on Mar 3, 2012 14:27:21 GMT 3
I am shocked to the core. I know James Maina Kabutu very well. I am one of the people who assisted him in getting asylum in Swaziland, and later the United States of America. He remains one of my Facebook friends. I will be doing an entire piece on this matter over the weekend. Onyango Oloo
Nairobi, Kenya |
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Post by mank on Mar 4, 2012 8:46:35 GMT 3
This fellow claims to have given witness to Waki Commission. It would be interesting to know if that is fact. If it turns out to be, then I would wonder where substance ends and rubbish begins. Am still banging my head on the wall about this. And Kamale I think you are being sarcastic when you say its "... interesting rubbish!". I wish you would spill your mind on the issue. A more complete version of the clip exists at According to this clip, the guy disavowed his witness evidence to CIPEV back in 2009. So how could he have been a witness in the ICC case in 2011? Either the clip is recorded at a later date than it alleges (I doubt you would find a notary public in the US to sanitize such mischief though), or this person's CIPEV testimony should not have been used in 2011. Is that the basis of the claim that the prosecutor committed perjury, or is Ocampo being accused of something even grander? Did Kabutu claim that someone imposed extra information on his signed testimony? Listen at minute marker 4.50 - 5.04.It will be interesting to see what OO has to say about issue and/or the man at the center of it. |
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Post by tnk on Mar 4, 2012 13:10:11 GMT 3
i have trouble following this guy and his testimony a quick trip down memory lane www.marsgroupkenya.org/pdfs/2008/10/Waki_Chapters/Part_1_Overview.pdfits either this guy lied to CIPEV or is lying now at the time of CIPEV there was nothing to lose, at this point (from when he enters "witness protection" to when he recants) there is much to lose why does he chose to disregard witness protection protocols including announcing his identity and location? does this mean he has also removed himself from witness protection program? if yes, what gives/informs him the assurance of safety, considering that he claims to have voluntarily fixed some of the suspects with absolutely no cause for it. and once again i ask, if he says he lied then, why should we believe that he is not lying now? |
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Post by jakaswanga on Mar 4, 2012 13:33:27 GMT 3
i have trouble following this guy and his testimony and once again i ask, if he says he lied then, why should we believe that he is not lying now? I really have had a trying time listening to this youtube recording. The room is hollow and the audio-quality edgy. I cannot for instance make out if the woman is an 'authorised commissioner of oaths' [do not know if that would be the term in the USA] or she is a reporter. I also do not like the way Kabutu is so worn out he can barely look elsewhere. Completely apathetic. But I am sure some people must have given false testimony to the WAKI or CIPEV to enter into a witness protection programme and LEAVE KENYA. But I always consedered the OTP would be thourough, like any competent investigators, cross check data, spot contradictions which would weaken their case, and present only what they could vouch for. They issued a statement stating they would deal with the matter 'legalistically'. I'll wait and see. But it sure looks fishy, with folks like Matsanga in the cast. On a separate note: Isn't Kabutu putting some of his relatives back home in danger? you know these things work both ways... now he could be a double-traitor with both sides out to harm him and his dear ones! |
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Post by Onyango Oloo on Mar 4, 2012 18:10:08 GMT 3
I wanted to devote a whole digital essay to this James Maina Kabutu matter. But after consulting with my human rights colleagues I concurred with their apprehension that I might inadvertently put other people, who may or not be witnesses at the ICC, at risk. However, since I promised to say something about the alleged taped confession, I want to say the following. I know Maina as a member of the Bunge la Mwananchi social movement. In my two affidavits for Maina- one to Swaziland and another one to the United States, I detail what I know. His leaving the country was directly related to those meetings in State House. I am not sure WHY he decided to CHANGE his testimony.. Appended below are the statements I provided to help him secure asylum, first in Manzini, Swaziland, and later in New Jersey, USA: Dear Swazi Comrades:
Just spoke to James a few minutes ago (5:07 pm, Friday, April 4,
2008). I told him I will be emailing the following to you:
TO WHOM IT MAY CONCERN
RE: JAMES MAINA KABUTU:
My name is Onyango Oloo. I am a former political prisoner, ex exile, human rights defender and civil society activist based in Nairobi, Kenya.
I am writing concerning the above named individual who I know as a very vibrant, courageous community organizer active on issues of peace building, conflict transformation, anti-corruption and human rights working especially with urban poor, youth and slum dwellers all over Kenya.
Following the violence which ensued as a result of the disputed elections in Kenya, James Maina came under severe threat of being executed when he gave detailed information implicating the dreaded Mungiki sect in politically instigated violence here in Nairobi. He did record a statement with the Kenya National Commission on Human Rights and made several presentations to the Kenyans for Peace with Truth and Justice- a recently formed pressure group of which he is a member. Soon after that Mr. James Maina and at least a dozen other well known human rights activists were listed among individuals that the Mungiki sect had issued a "death warrant" on. He subsequently escaped very narrowly when an assassination squad tried to bludgeon him to death near Nakumatt Junction, a supermarket outlet in the city. Some of the individuals on the Mungiki Wanted list have been killed while many others were forced to go into hiding.
Despite the signing of the National Peace Accord, the activities of the ruthless sect continues unabated, as can be evidenced by ongoing press reports of victims beheaded by Mungiki as late as early April (this very week).
It is my considered opinion that James Maina Kabutu's life remains in danger and that he does have a very credible fear of persecution if he were to remain or return to Kenya. I am willing, should the conditions so warrant, to testify in person about what I know about the threats and dangers facing James as a direct result of his human rights work here in Kenya.
Sincerely,
Onyango Oloo
Nairobi, Kenya
Sankara Centre for Social Movements
• P.O. Box 79784-00200 Nairobi, Kenya. Phone: 02022023391 • Email:
sankara@graffiti.net./onyango.oloo@gmail.com
13 May 2009
RE: JAMES MAINA
To Whom It May Concern:
My name is David Onyango Oloo.
I am a former Kenyan political prisoner who was adopted by Amnesty International during the five years I was incarcerated at Kamiti Maximum Security Prison on the outskirts of Nairobi. Following my release in 1987, I was forced to flee my country to neighbouring Tanzania where I stayed for a year before I relocated to Toronto, Canada in November 1988 as a landed immigrant and government assisted refugee. I lived as a political exile in North America for 18 years before I returned to Kenya in October 2005 to take up the position of the National Coordinator of the Kenya Social Forum the lead organization in preparing for the World Social Forum held in Kenya in January 2007. I have remained a social justice activist, political commentator and writer with a keen interest in human rights. I am currently the Director of the Nairobi-based Sankara Centre for Social Movements which helps to build the capacity of community based groups and social movements.
It was within the above context that I first encountered James Maina, who was one of the prominent leaders of Bunge la Mwananchi (Kiswahili for "People's Parliament") a grass roots organization that sensitized Kenyans about their rights through public meetings convened at street corners and in a historic park known as Jeevanjee Gardens ( named after a Kenyan nationalist philanthropist of South Asian descent who donated the park to the Kenyan public decades ago). Bunge la Mwananchi was one of the constituent organizations which made up the Organizing Committee of the Nairobi 2007 World Social Forum, being part of the Social Mobilization Commission. We did a lot of good work with Maina and his group and in the course of all this we became very good friends.
Through these interactions we collaborated a lot in human rights work. For instance, I was invited by Maina's group to moderate a public forum in December 2006 focusing on youth led initiatives to stem the flow of violence in Mathare one of Nairobi's teeming slums. There was a huge turn out and youths from various ethnic backgrounds resolved to work together for peace and conflict transformation.
Maina is an indefatigable organizer; fearless advocate who spoke truth to power and a regular at pro-democracy forums, symposia and demonstrations. In 2007 Maina was very instrumental in helping to document the spate of police linked extra-judicial killings of young men, principally from Central Kenya who were suspected to be adherents of the dreaded Mungiki sect. In reality this was a pogrom in which hundreds if not thousands of innocent Kenyan youth were targeted, arrested, in many cases disappeared and with many documented instances of the young men turning up dead and mutiliated. Maina did this at great risk to himself.
In 2008, during the days following the December 27, 2007 Presidential Election, Maina once again stuck his neck out to protest the election results and to blow the whistle on nexus between the state and violence by elements drawn from one of the many factions of Mungiki. Unfortunately his statement to a local human rights organization was leaked without his consent to a local Nairobi newspaper leading to immediate reprisals.
He was forced to go into hiding in a series of hastily arranged safe houses in Nairobi and some towns in Tanzania.
Eventually he was forced to flee to Swaziland. I had the opportunity of flying there myself in mid February 2008 to visit him as part of my speaking tour (organized by South African social justice groups) to let the people of Southern Africa know the truth about the post election violence in Kenya.
We kept in correspondence via email and phone calls and this is how I found out that the authorities in Swaziland (which is led by an authoritarian King who brooks no dissent) were on Maina's case. This was independently confirmed by human rights monitors in the region who reported these developments in their dispatches to their networks in Africa and around the world.
James Maina returned to Kenya because a senior member of the human rights organization that had found him work in Swaziland told him to return and assured him that he would be safe. The situation in Kenya was actually worse when Maina came back to Kenya and he was compelled to make yet another exit out of the country fearing for his life.
Maina's presence in the United States of America is a direct consequence of his human rights activism. If he did not have a palpable and very real fear for his life and safety, I am sure he would have preferred to be here at home, talking about democracy, peace, human rights and social development.
Should you require any further information from me, please do not hesitate to contact me via this email address or by calling my cell phone which is 254726510571.
Sincerely,
David Onyango Oloo
Director
Sankara Centre for Social Movements
Nairobi, Kenya
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Post by mank on Mar 4, 2012 20:12:33 GMT 3
i have trouble following this guy and his testimony and once again i ask, if he says he lied then, why should we believe that he is not lying now?
I really have had a trying time listening to this youtube recording. The room is hollow and the audio-quality edgy. I cannot for instance make out if the woman is an 'authorised commissioner of oaths' [do not know if that would be the term in the USA] or she is a reporter.
I also do not like the way Kabutu is so worn out he can barely look elsewhere. Completely apathetic.
But I am sure some people must have given false testimony to the WAKI or CIPEV to enter into a witness protection programme and LEAVE KENYA. But I always consedered the OTP would be thourough, like any competent investigators, cross check data, spot contradictions which would weaken their case, and present only what they could vouch for. They issued a statement stating they would deal with the matter 'legalistically'. I'll wait and see. But it sure looks fishy, with folks like Matsanga in the cast.
On a separate note: Isn't Kabutu putting some of his relatives back home in danger? you know these things work both ways... now he could be a double-traitor with both sides out to harm him and his dear ones!Jakaswanga, I use the services of Notary Publics quite often, and in my understanding they are equivalent to 'authorised commissioner of oaths'. But becomeing a Notary Public is not based on specialized education or such, although I believe there are basic qualifications. In my experience though, they uphold the highest standards of ethics and you won't get one to endorse something they are not convinced is authentic. So, if this lady is a Notary Public, and assuming no electronic shananegans to tamper with the clip, date of the swearing is July 28 2009. I think that's a crucial piece. See description of Notary Public www.nationalnotary.org/resources_for_notaries/what_is_a_notary/index.html |
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Post by kamalet on Mar 4, 2012 20:21:32 GMT 3
Oloo
Thanks for the information which unfortunately only adds to the confusion about this Kibutu guy.
If in the witness statementshe gave CIPEV or ICC is a claim that he was Mungiki and was at State House with Uhuru as well as Nairobi Club as well as Yaya which are the key planks of the Ocampo evidence, what you vouch for the guy makes him very different.
My understanding of all you say is that the guy has been a Bunge la Mwananchi activist who stuck his neck out to criticise "the election theft" and the excesses of Mungiki, I am struggling to connect him to Mungiki the organisation for which Uhuru would be in ICC.
What I see is that you used your past record to help a guy out without necessarily telling the truth about his activities or in the alternative, if it is TRUE that he gave the evidence his provided to CIPEV and ICC, and you story is true, then something is seriously wrong!!!
For now I will wait out to see what this guy is all about!
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Post by mank on Mar 4, 2012 20:46:28 GMT 3
Another witness I am equally eager to hear about is the one reported by Ocampo as having been present at a meeting at Nairobi Member's Club, where Muthaura rallied the Mungiki to go retaliate the persecution of "our community" in the Rift Valley . According to Ocampo this witness reported that at breakfast Francis Muthaura shouted from the corner of the room, speaking in Kikuyu and saying "... something like 'the youth, come here. When we join them, he said, it is good the youth have come. Our community ... in the rift valley was being finished, and that we need revenge, or retaliate." Listen from minute marker 0.57 at
It is outright fiction that a person from Meru could mobilize a Kikuyu gathering against another tribe, using Kikuyu language (proficient in the language as one may be). The ICC of course cannot know that, but all Kikuyu and Meru would tell the ICC this! So it is interesting that someone who seems to pose as a Kikuyu would make this claim.
Either the "witness" is not Kikuyu or Meru and does not understand the relationship between the two tribes, or does not know the first thing about Muthaura and for some reason fabricated the story based on an assumption that Muthaura was Kikuyu.
Might it be that indeed ICC commitment in the Kenya case is based on manufactured evidence?
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Post by kamalet on Mar 4, 2012 21:18:13 GMT 3
Mank
Yours are valid points. However the ICC does seem to perform in a 'funny' way. Where the standards of evidence are expected to be high..they have been operating on an extremely low thresh hold.
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Post by mank on Mar 4, 2012 21:45:43 GMT 3
Mank
Yours are valid points. However the ICC does seem to perform in a 'funny' way. Where the standards of evidence are expected to be high..they have been operating on an extremely low thresh hold. I hope the threshold will be higher at actual trial. I also expect to see defense teams put pressure on the court for the interrogation of the evidence from the prosecution side, which all appear to be the fruit of very fertile minds. I mean, when Ocampo said "another witness who was at the meeting ...", the court asked nothing about that witness - who is s/he, does s/he speak Kikuyu or Kimeru, is s/he available to testify, etc etc. ... I look forward to hearing words from the mouth of that witness - I think the threshold has been high on the defense side, but as low as an envelop on the prosecution side. However we have been told that this is because some info, to which the court and the OTP are privy, cannot be released to the public for the sake of the safety of various people - which is fine for this stage of the process, but cannot be ok at the next and final stage. So we'll wait and see. |
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Post by jakaswanga on Mar 4, 2012 22:00:51 GMT 3
[Jakaswanga, I use the services of Notary Publics quite often, and in my understanding they are equivalent to 'authorised commissioner of oaths'. But becomeing a Notary Public is not based on specialized education or such, although I believe there are basic qualifications. In my experience though, they uphold the highest standards of ethics and you won't get one to endorse something they are not convinced is authentic. So, if this lady is a Notary Public, and assuming no electronic shananegans to tamper with the clip, date of the swearing is July 28 2009. I think that's a crucial piece. See description of Notary Public www.nationalnotary.org/resources_for_notaries/what_is_a_notary/index.htmlThanx for the extra about Notary Public. Did not actually know about it, but it fits with certified commissioner of oaths. {Notary: appointed by the state.. or secretary of...} That makes it a pretty open office [transparent] and one with integrity too. I therefore have to think, that since then --2009, this office or Notary would have contacted the ICC or any other relevant body she deemed relevant, because surely she [the notary public] would instinctively know [if not legally trained] that this information [Kabutu recanting an earlier confession] could make the difference in a big case. I would be surprised to learn this office slept on the info all these years, and that Kabutu too, let the confirmation stage roll on without either contacting the lawyers of the accused, nor the OTP who said to use his testimony. And it seems something which the defence counsels or QCs would immidiately get on top of. |
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This guys will be buried alive ;D ;D ;D ;D
