Tuesday, 20.12.2011 Nairobi, Kenya  Category: Media    19 comments

ICC Registrar, Silvana Arbia


19TH December 2011
The Registrar of the ICC
ICC Registrar’s Office
The international Criminal Court
The Hague

Dear Madam,
RE: Flawed investigations and flawed evidence of ICC Chief Prosecutor on the Kenyan cases are now proven by your current requests on the Kenyan cases.

Allow me to greet you and wish you a Happy Christmas and New Year 2012. I don’t hold brief for the Government of Republic of Kenya. I stand for fair international justice mechanism that supports stability and restorative tenets within the informed values of the African people.

My views on the dilemma of ICC in Africa are premised on the background research conducted on all the African cases investigated by Luis Moreno Ocampo.  I have never promoted impunity in Africa as alleged by Ocampo in his private acceptance of failure on the African cases. I support justice systems that are not corroded by impunity and corruption from within.

The ICC is now contaminated with malpractices of selective justice from the Chief Prosecutor’s office.  That is why I will continue to record all these happening so that a case is built for an international inquiry on Luis Moreno Ocampo as Chief Prosecutor and in his private life after ICC.

The hurriedly manner in which , investigations are carried out in Kenya ,  the way warrants of arrest are dished out in Africa, the institutionalized political rhetoric in the Chief Prosecutor’s offices, the legalized  corruption that overflows from the Temple of justice against Africans in ICC, only generates more conflict in Africa. There is no country in Africa where ICC intervention has helped to bring peace. From Uganda, (Uganda peace came out of my efforts and that of Ugandans who rejected ICC methods) the first case on the continent to Ivory Coast (latest victim), ICC methods operation have added fuel to the conflicts there.

It is sad to note that both the ICC Pre- Trial Chamber 2 and the office of the chief Registrar have continued to use fake evidence and flawed facts to proceed with the Kenyan cases despite the Plethora of information and sober truth that the Kenyan cases were not properly investigated by the Chief Prosecutor Luis Moreno Ocampo.

The recent ICC hyper and pressure on the Government of Kenya to respect complimentarity status of ICC Rome Statute is what Moreno Ocampo and the court rejected at beginning and proceeded on Ocampo’s lies. The ICC intervention under self referral Article 15 of the Rome Statute of 1998 has brought about the current systematic abuse and malaise of procedure on the Kenyan cases. 

It is also a fact that both your offices and that of ICC Pre- Trial Chamber 2 are being used by international political pressure from NGOs, USA and Germany to implement the ICC Rome Statute of 1998 basing your facts on political expediency story and legal story as portrayed by Moreno Ocampo and his fellow surrogates in the western world. 
The Kenyan cases bare hallmarks of international political machination and intrigue to dismember a hub of Great Lakes Region with foreign sponsored fangs of imperialism. The USA footwork and handiwork on the Kenyan cases has been exposed in your recent endeavors to get fresh evidence on the cases that were purportedly investigated by Ocampo.

Ocampo’s recent hypocrisy was exhibited on 16th December in USA where he failed to hold a political meeting in New York in which he wanted to politicize the case so as to retain his legitimacy over the cases.  Ambassador Macharia’s letter to Luis Moreno Ocampo opens doors for serious scrutiny on the conduct of Luis Moreno Ocampo and your Registry office that want to politicize the Kenyan cases.

It is up to the Government of Kenya to decide what to do with such a flawed scenarios and   corrupt cases that have dragged in the names of the President, that of the Prime Minister, and other institutions of the nation. As an independent peace organization we must point out that a full trial for Kenyan cases will further sow the seeds of a future crisis in 2012. If there is no restrain on Ocampo’s flawed material and if the court uses flawed evidence, based on hearsay and talk shops in Kenya, then the ICC as court will be fermenting and courting chaos for a nation which is now at peace.

 It is now evident that all the procedures in investigations and collection of evidence in the Kenyan cases as prescribed by the Rules and Procedure articles of ICC were flawed and badly bungled by the current Chief Prosecutor Luis Moreno Ocampo. It is also crystal clear that the Chief Prosecutor cut and paste information from the cyber cafes of Kenya instead forensic investigations needed. Flawed evidence in the Kenyan cases has come to haunt ICC. 

The chief Prosecutor brought before the honorable court of International Justice, toxins of deceit and pure cruelty based political malice and blackmail that has eroded the little credibility left in the ICC on African cases. In doing so he nailed a final blow to the legal routes of the Kenyan cases in the ICC.  The registry  on the orders of non- signatories of the ICC Treaty of 1998 namely USA now want the trend of things  to look  as legally binding,  yet they  have used political pressure on ICC to nail some Kenyans This type of USA hegemony has killed many countries in Africa ( Libya. DRC, Zimbabwe, Somalia, and now Egypt).

Despite the fact that our organization has brought to the attention of the ICC Pre- Trial Chamber 2 and your office the short comings of the Kenyan ICC cases, you have continued to seek more information and operate on a flawed investigation to request further details that will produce a flawed judgment on 19th January 2012. In our document that was hand delivered in September 2011 to the ICC Registry, the Pre- trial Chamber 2 and to the Chief prosecutor offices in The Hague we warned the ICC of the flawed investigations that will have a negative impact on international justice and create a Pandora box of miscarriage of international justice.

The office of the Registrar of ICC knowingly ignored several of our attempts that pointed the short comings of a flawed investigation. The deaths of over 1300 victims in Kenyan situation were investigated by Luis Moreno Ocampo’s team for 12 days only. Some of your investigators ended up in bars and nightclubs instead of collecting the much needed evidence which you are requesting now.

It is a shame that it has occurred to the registrar of the ICC that she needs the death certificates and medical records of those who died 3 years after their deaths of which the Chief Prosecutor wasted over 2 million dollars of international taxpayer’s money to find in Kenya. How then did Ocampo come to the conclusion that over 1300 people died in PEV of Kenya? If by now the medical records are not there how did the ICC come to determine the victims of PEV in Kenya?

The moral decay at the apex of the Temple of international justice (ICC) proves that the Kenyan cases ware never properly investigated as the chief Prosecutor Luis Moreno Ocampo was obsessed with protecting a tainted legacy for himself than dispensing the much needed international justice.  If this court of ICC is really serious as you sound in your demands to Kenya Government, then how did the Pre- trial Chamber 2 allow a flawed evidence to pass for credible investigations and after several years of the Kenya situation you ask for thresh evidence?

Our consternations with Kenya‘s ICC cases are that they have been handled casually by international community, yet these cases determine the stability and destiny of Kenya as far as peace and reconciliation is concerned.  The Kenyan cases will also determine a free and fair election of 2012.  It is a fact that a full trial in ICC will infringe on the basic peace that this country has achieved since 2007-2008.

I still maintain that if, key players in an election are shipped to The Hague for flawed trial based on political connotations then, there will be no free and fair election in Kenya in 2012 given the nature of politicking in Africa.  It is a fact that Uhuru Kenyatta and William Ruto and others come from the 50% of the Kenyan population that has been targeted by ICC Chief Prosecutor and are key leaders in the two tribes that decide the fate of any election in Kenya since 1963. Targeting them on flawed investigations that are politically motivated could propel Kenya into worse violence than that of 2007-2008.

The muzzling of the Kenyan cases by ICC offices of the Chief Prosecutor and the court’s Registry could set a stage for further conflict in Kenya in 2012. The fragile government of Kenya is being asked to do too much and this could trigger a crisis in the country which is equally at war with  non party operator called Al- Shabaab in Somalia.  The  role of those who doctored these cases against the six  Kenyan  suspects is slowly and slowly emerging as days pass by .

My organization is therefore vindicated by the current events that show double standards in the ICC offices of the Registry and Chief Prosecutor.  The danger of malicious politics of imperial conspiracy that is conducted through the backdoor of NGO democracy is that it runs out of options when the truth catches up with such NGOs.   Kenyan NGOs that have pushed for these cases to go a full trial have now run out ideas.

The NGO monsters are diluting the very principles of international justice in Africa by influencing the ICC to target certain individuals in Kenya. They tell lies and the hapless international community pays more money into their accounts. If you research on the Kenyan based NGOs handling ICC cases in Eldoret and elsewhere in Kenya you will find that each director of the NGOs has built 3 new houses and married 4 more women since 2007-2008 ICC chaos of Kenya. This is sad for Kenya and Africa.

The entire façade of ICC flawed investigations in the Kenyan cases has been exposed by fresh requests of evidence.   Those seeking to retain ICC credibility on the African continent must evaluate the fatigue that Luis Ocampo has caused on ICC.  Luis Moreno Ocampo has left a mess in ICC and to restore that credibility the ICC must re- order fresh and proper investigations into the deaths of 1300 people in Kenya.    

Confirmation of the Kenyan cases based on flawed investigation is a travesty of international law and could trigger a new wave of violence in Kenya.  The victims of violence in Kenya need justice just as the wrongly suspected individuals do, but it looks like the fallacy and distortions presented by the Chief Prosecutor Moreno Ocampo and now the Registrar of ICC court will deny Kenyans on both sides international justice.

There are those high flying African commentators in Kenya (Professors and other law experts) on ICC who write from the Metros of USA and Europe and have failed to see beyond their personal hatred of William Ruto, Uhuru Kenyatta, Francis Mathura, Henry Kosgey, Hussein Ali, and Sang. They write about this ICC cases in Kenya without giving hope and solutions to Kenyans, yet they know that the investigations were flawed.

They write about impunity without suggesting other restorative methods and values of our African communities. Some are servants of international agencies that help to dismember Africa based in Washington.  

They arrange meetings with Ocampo at night in New York and plan to destroy Kenya while pretending to be true Kenyans while writing in the Kenyan on newspapers.  Some of us who are patriotic   Africans will remain different and shall continue with the fight against injustices meted by Luis Moreno Ocampo against Africa.
These diluted Africans Professors talk of “immeasurable injustice if ICC does not confirm the Kenyan cases”. The stark difference between me and these half brothers is that they fail to see the collateral damage caused by flawed investigation in Kenyan cases. I fore see the damage of flawed investigations on Kenya in the next 2 years to come.

The questions that beg answers today are:  Why should the registrar request all these information in December 2011 yet her offices in ICC should have just compiled the same from the Chief Prosecutor’s investigations and files in office? Why are Mr. Sang’s radio tapes being sought now when the cases are with the Pre- trial Chamber 2?  Does it prove my point that the cases were sent for confirmation hearing on wrong evidence?

On what information did the Pre- trial Chamber 2 use to determine there was need for the 6 Kenyans to appear in ICC for confirmation hearing in July – August and September 2011?  If it was not political expediency what was it that made Luis Ocampo to ignore the spirit on ICC complimentrity in his investigations?  Are the cases being cooked again or just a reminder that the masters of international conspiracy have run out of ideas on the Kenyan ICC cases? The questions go on and on.

The registry as an arm of the ICC must refuse and distance itself from flawed matters of Ocampo.  Their role as guardians of international law should not be merely to seek conviction but uphold international standards of justice in the ICC. It is up to the Kenyan Government to continue piling information to the registry knowing very well that all procedures of evidence collection and the level of ICC complimentarity was diluted by Luis Ocampo under article 15. 

As for us at Africa World Media Ltd, our stand on the matter remains clear that these Kenyan  cases should not go beyond this level and at worst the ICC Pre- trial Chamber 2 should decline to confirm  and adjourn for thresh forensic evidence on the cases. This is because the distance between the truth and lies is equal to the journey to Mars.

Merry Christmas and Happy New Year !!


Dr. David Nyekorach – Matsanga.
Africa world Media Ltd. Chairman /CEO
Surrey England


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About me

Name:David Nyekorach - Matsanga (PhD)
Work: Publisher, Owner, Chairman of Africa World Media Ltd Specialist: Political Science, African History, Governance, Democrary, Great Lakes Region, Conflict Resolution, Media Impact on Africa, International Management and Lobby work
Location: London, Surrey UK

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