|
Post by OtishOtish on Jan 20, 2015 19:34:30 GMT 3
The Victims' Representative, Fergal Gaynor, made a good argument that this should be made public. Uhuru Defence put up a spirited fight against that and lost. The PTB was made public yesterday, at the ICC website. You can find it there at www.icc-cpi.int/iccdocs/doc/doc1904539.pdf(See end of this "posting") Names are given and nasty actions specified: for example, Solicitor General, Njee Muturi (formerly Uhuru's flunky) led on the witness-bribery front. Ferdinand Waititu, MP, also in the thick of things on that front and secretly recorded by OTP. Other very busy, well-known fellows named include Francis Kimemia. The extent of his involvement is quite something---very much hands-on and in-charge of the death-and-rape squads. And much, much more. Senior NSIS officials and all sorts of other characters involved. Uhuru himself is seen waking up from a life of booze and dope and, guided by "elders", having a go at transforming himself into a more sober "Saviour of Our People". Bribery Sample: 93. In 2009, Prosecution Witness 4 was tracked down by intermediaries purportedly acting on behalf of the Accused, who bribed him to withdraw his testimony regarding the PEV. The intermediaries include Njee Muturi, personal assistant to Mr Kenyatta, and Bildad Kagai, an individual said to have acted as a Defence intermediary. In exchange for withdrawing his testimony and agreeing not to co-operate with the ICC, Witness 4 was paid substantial sums of money and land was purchased for his family. The intermediaries informed Witness 4 that if he refused to withdraw his statements, his family may be harmed. The intermediaries informed Witness 4 on multiple occasions that the money they paid to him originated from Mr Kenyatta. The Prosecution relied on Witness 4’s evidence at confirmation, but will not do so at trial, in part because the bribery campaign has damaged his credibility.95. Shortly after the Prosecution disclosed the identities of Witnesses 11 and 12 in August 2012, the witnesses informed the Prosecution that purported Kenyatta intermediaries were attempting to locate them to offer a “deal” for them to agree not to testify. One of the intermediaries was Ferdinand Waititu, a sitting Member of Parliament and an associate of Mr Kenyatta. In a series of controlled telephone conversations recorded by the Prosecution with the witness’ consent, Mr Waititu told Witness 12 that he wanted to meet with him to discuss assisting Mr Kenyatta to “solve this fight” and the “lump of money to be given”. Mr Waititu indicated that he had spoken about the scheme to Mr Kenyatta and was keeping him informed of its progress. He explained that Mr Kenyatta wanted to avoid “direct” involvement because he was worried about getting caught tampering with evidence. Mr Waititu’s attempts to bribe Witness 12 – the recordings of which will be presented at trial ...
Attachments:ICC-Uhuru-PTB.pdf (587.37 KB)
|
|
|
Post by OtishOtish on Jan 20, 2015 23:22:44 GMT 3
|
|
|
Post by mank on Jan 21, 2015 1:19:04 GMT 3
Bribery Sample: 93. In 2009, Prosecution Witness 4 was tracked down by intermediaries purportedly acting on behalf of the Accused, who bribed him to withdraw his testimony regarding the PEV. The intermediaries include .... In exchange for withdrawing his testimony and agreeing not to co-operate with the ICC, Witness 4 was paid substantial sums of money and land was purchased for his family. The intermediaries informed Witness 4 that if he refused to withdraw his statements, his family may be harmed. The intermediaries informed Witness 4 on multiple occasions that the money they paid to him originated from Mr Kenyatta. The Prosecution relied on Witness 4’s evidence at confirmation, but will not do so at trial, in part because the bribery campaign has damaged his credibility. That's just bull, amigo! That's the guy I told you all, well before any allegations of bribery were raised, was a blatant liar and was presenting himself as a witness of what cannot have happened. I don't know what else is bogus in the charge sheet, but this is total bee ees. Anyone would have been a fool to bribe such a guy. It would actually have helped the defense if Witness # 4 presented "his evidence" because it would have made it all the easier to show that the foundation of the prosecution was fictitious.
|
|
|
Post by kamalet on Jan 21, 2015 9:15:01 GMT 3
This is such a complete waste of time! If this is what Bensouda hoped to get away with and even if the liars had not admitted to their lies, the allegations are so far fetched that a kangaroo court would even struggle to make a case!
ICC should have borrowed the services of ISIS - just chop off the heads of those they had indicted! Summary justice!
|
|
|
Post by b6k on Jan 21, 2015 11:40:39 GMT 3
By releasing all of this "evidence" it appears the OTP has given tacit confirmation that there will NEVER be a trial of Uhuru Kenyatta in the future once he's out of office. One has to wonder at the fairness in releasing one side of the story, which hasn't been interrogated in court, & calling that justice. The rule of natural justice in the Common Law system that KE subscribes to allows the accused the right of reply. Even names of deceased people such as George Thuo & Josephine Michuki have been outed...people who cannot defend themselves from the grave.
Since I doubt Uhuru will sue the ICC just like Muthaura & Ali before him decided not to, I wonder if he'd consider assisting the other living "suspects" such as Waititu, Kimemia or Mututho to jointly sue the OTP for libel & damages.
That aside the OTP & the Victims Lawyer should also consider that the law of unintended consequences is always in operation on such passionately disputed issues. It's highly likely that releasing the names of "co-conspirators" will paint them not as pariahs in their respective communities but as heroes who put their treasure & reputations on the line when their people needed them most. The victims living kin on the other hand will confirm once again that the enemy is that community over there. In short, they'll be no justice served, just tribal cocoon mentality reaffirmed & quietly celebrated under the radar...
|
|
|
Post by jakaswanga on Jan 21, 2015 12:32:15 GMT 3
This is such a complete waste of time! If this is what Bensouda hoped to get away with and even if the liars had not admitted to their lies, the allegations are so far fetched that a kangaroo court would even struggle to make a case! ICC should have borrowed the services of ISIS - just chop off the heads of those they had indicted! Summary justice! let us say the truth will never come out! By the way Kamalet, and you may stretch my imagination the way you did with the disappeared Yebei and QC Khan's would be role in the saga, what are the plausible explanations for the spate of murders n disappearances which became the chief lot of some Mungiki big-wigs post PEV? What say mount Kenya grapevine too, for academic purposes? He he!
|
|
|
Post by kamalet on Jan 21, 2015 12:52:54 GMT 3
This is such a complete waste of time! If this is what Bensouda hoped to get away with and even if the liars had not admitted to their lies, the allegations are so far fetched that a kangaroo court would even struggle to make a case! ICC should have borrowed the services of ISIS - just chop off the heads of those they had indicted! Summary justice! let us say the truth will never come out! By the way Kamalet, and you may stretch my imagination the way you did with the disappeared Yebei and QC Khan's would be role in the saga, what are the plausible explanations for the spate of murders n disappearances which became the chief lot of some Mungiki big-wigs post PEV? What say mount Kenya grapevine too, for academic purposes? He he! The murders happened before the PEV and those after PEV were ALI doing his job. If even Bensouda concedes that her insider Mungiki witnesses were liars, why would you believe them when they keep telling her that they are being killed? The time between the indictment and the PEV some of these guys were killed for Mungiki reasons rather than PEV as even Uhuru would have never know who the witnesses were. Uhuru in any case denies working with these characters!
|
|
|
Post by mwalimumkuu on Jan 21, 2015 16:13:39 GMT 3
let us say the truth will never come out! By the way Kamalet, and you may stretch my imagination the way you did with the disappeared Yebei and QC Khan's would be role in the saga, what are the plausible explanations for the spate of murders n disappearances which became the chief lot of some Mungiki big-wigs post PEV? What say mount Kenya grapevine too, for academic purposes? He he! The murders happened before the PEV and those after PEV were ALI doing his job. If even Bensouda concedes that her insider Mungiki witnesses were liars, why would you believe them when they keep telling her that they are being killed? The time between the indictment and the PEV some of these guys were killed for Mungiki reasons rather than PEV as even Uhuru would have never know who the witnesses were. Uhuru in any case denies working with these characters! Absolutely, the kangaroo court kicks its last as it heads further south. Mungiki was a proscribed gang in Kenya long before PEV happened, and as Kamale said, most of these guys had died long before the violence. Those who remained were on the run after realizing that their past deeds were fast catching up with them. When Ocampo came all smiles and ready to 'prochure' so as to make Kenya an example, they came lying and ready to play along. Once in California, Copenhagen and all those other 'nice' places, they said hell no, we do not even know how Muthaura looks like, neither have we ever met Uhuru. None other than Bensouda herself has admitted to the fact that these guys were liars, more reason she could not proceed with the case to trial. It is therefore in very bad taste for her and the so called court of justice to release this information while knowing very well that it could not stand the test of time in court, it was never tested. ~~ Mwalimumkuu @nyumbakubwa ~~
|
|
|
Post by jakaswanga on Jan 21, 2015 20:20:16 GMT 3
HISTORICAL DOCUMENTS KENYA: a moral hiatus. Haya, lets move on! COMING FESTIVAL OF VENOM
hearts had turned deaf having gone to animal depths, when eyes met in space Not a human feeling to embrace
Opting not for justice we sowed the seeds of vengeance. Like the ostrich we put up a pretence turned our back on an otherwise good process.
|
|
|
Post by mwalimumkuu on Jan 21, 2015 21:20:14 GMT 3
|
|
|
Post by kamalet on Jan 22, 2015 16:42:55 GMT 3
I think we should wait for the former Kenyan's response to the Uhuru defence!
|
|
|
Post by podp on Feb 8, 2015 11:45:09 GMT 3
Let me give the Kenya government some unsolicited advice. And it comes with no moral pretensions. As previously shown, the AU has absolutely no power to consign the ICC into the dust heap. That power is exclusively held by the five veto-wielding permanent members of the UN Security Council. No African state features there. To get at the ICC, Kenya needs to be creative and look for an unlikely ally — Israel. www.nation.co.ke/oped/Opinion/Africa-Court-ICC-AU-Kenya-Israel/-/440808/2616602/-/sgc9f3/-/index.htmlthe guilty surely are afraid. who would have thought that after the post election violence and the Mpigs at the time shouting 'do not be vague, let us go to Hague' then the shocker of the Ocampo 6 who have reduced to Bensouda 2 the revisiting of let us have a local tribunal so that we show ICC we are dealing with the perpetrators of PEV, even if not the big fish the machete welders! The President is free, but Mr Ruto’s case is still pending in court. Ms Mohamed argued in Addis that the case against the Deputy President poses a serious threat to Kenya’s peace and stability and greatly undermines the gains Kenya has made in reconciling communities that were adversely affected by the post-election violence of late 2007 and early 2008. After reeling off figures to show how government had used Sh32 billion in resettling internally displaced people, she made Nairobi’s point: “We believe that Africa is able to find lasting solutions to its problems by operationalising the African Governance Architecture by strengthening its supporting institutions.” She then encouraged AU to consider signing the Malabo Protocol. www.nation.co.ke/oped/Opinion/Amina-Mohamed-Malabo-Protocol-AU-ICC/-/440808/2616544/-/bhwu9l/-/index.htmlone would have expected Uhuruto to show how many Luo and other victims of PEV happily returned to Naivasha and how their population has been growing. additional how many Gema communities are settling in PEV hotspots like Eldoret etc. so that we can surely applaud their efforts at reconciling the communities. top on all was the Mo1's antics of having not Gema and Kalenjins dominating government positions as it is now but get the turncoats like the late Mulu Mutisya, Kariuki Chotara, Nasir of mpende msipende fame to prove to the non Jubilee supporters how cohesive the country has became under their watch
|
|
|
Post by mank on Feb 9, 2015 4:19:41 GMT 3
I think we should wait for the former Kenyan's response to the Uhuru defence! Where art thou, amigo Njakip? People are waiting
|
|
|
Post by OtishOtish on Feb 10, 2015 6:20:04 GMT 3
[quote source="/post/132270/thread" Where art thou, amigo Njakip? People are waiting Oh! Here I am. And the people are waiting for?
|
|
|
Post by podp on Feb 22, 2015 9:31:11 GMT 3
|
|
|
Post by mank on Feb 22, 2015 11:49:17 GMT 3
[quote source="/post/132270/thread" Where art thou, amigo Njakip? People are waiting Oh! Here I am. And the people are waiting for? o I was in good moods when I posted that, amigo. It was meant for a light moment. But if you insist, I have an answer: Defense for Benz nonsense, amigo. You are the one who argues that she has a good case, even when she personally submits that she got nothing to advance the very ambitious allegations.By the way, is Ruto/Sang case still going, or did they fold incommunicado?
|
|
|
Post by mank on Feb 22, 2015 12:02:44 GMT 3
WHAT MY ROLE WAS ... written with such authority, you think you are about to be materially informed in the topic. So what was her role in anything? Is this not the woman who was alleged to have purchased loads of guns in 2007? Why not address that issue now?
|
|
|
Post by OtishOtish on Feb 22, 2015 18:59:11 GMT 3
Defense for Benz nonsense, amigo. You are the one who argues that she has a good case, even when she personally submits that she got nothing to advance the very ambitious allegations. Really? Is that so? Well, then. I better not disappoint my fans (mwalimu etc.) Here we go: Bensouda does indeed have very strong evidence against Uhuru. The withdrawal of the charges---which was done "without prejudice"--is temporary and is solely intended to lure Uhuru and his legal team into relaxing. The case will be resumed when people least expect it. How's that? Will it do?
|
|
|
Post by mank on Feb 22, 2015 20:55:12 GMT 3
Defense for Benz nonsense, amigo. You are the one who argues that she has a good case, even when she personally submits that she got nothing to advance the very ambitious allegations. Really? Is that so? Well, then. I better not disappoint my fans (mwalimu etc.) Here we go: Bensouda does indeed have very strong evidence against Uhuru. The withdrawal of the charges---which was done "without prejudice"--is temporary and is solely intended to lure Uhuru and his legal team into relaxing. The case will be resumed when people least expect it. How's that? Will it do? That's so funny.
|
|
|
Post by Daktari wa makazi on Feb 22, 2015 21:37:53 GMT 3
Defense for Benz nonsense, amigo. You are the one who argues that she has a good case, even when she personally submits that she got nothing to advance the very ambitious allegations. Really? Is that so? Well, then. I better not disappoint my fans (mwalimu etc.) Here we go: Bensouda does indeed have very strong evidence against Uhuru. The withdrawal of the charges---which was done "without prejudice"--is temporary and is solely intended to lure Uhuru and his legal team into relaxing. The case will be resumed when people least expect it. How's that? Will it do? You need to add the following to your assertion - only possible if there is 'new' evidence, so the without prejudice phrase is only applicable to the possibility of bringing a new case should additional evidence becomes available. But, considering the OTP could not gather evidence to proceed with the aborted prosecution, where will they get the new evidence to mount a fresh prosecution? The prosecution of Uhuru Kenyatta is aborted and in my view will not be forthcoming any time now or in the future.
|
|
|
Post by b6k on Feb 23, 2015 0:56:17 GMT 3
When someone believes in "zombie cases" there's little one can say or do to put him out of his misery. Uhuru's case is as dead as the dodo. Only a zombie can't let it go & move on...
|
|
|
Post by OtishOtish on Feb 23, 2015 3:30:51 GMT 3
With some people, one takes the piss. On the other hand, the slow ones just give it away.
|
|