By Dr. David Nyekorach-Matasanga London UK  26th May 2014.    

26th May  2014
The Chief Prosecutor
Fatou Bensouda
P.O Box 19519                              
2500 CM, The Hague
The Netherlands.
 BY FAX


Dear Madam Prosecutor,

RE:  CREDIBILITY AND IMAGE OF ICC IS DENTED BY OTP  HANGING ON DEAD KENYAN FLAWED CASES- I  CALL UPON YOUR WISDOM AS GOOD LAWYER FOR TERMINATION OF BOTH CASES( PRESIDENT UHURU MUIGAI KENYATTA, DEPUTY PRESIDENT WILLIAM S. RUTO, AND ARAP SANG) TO RESTORE  AND REDEEM THE COURT’S  IMAGE ON AFRICAN CONTINENT.

Madam Prosecutor, when some of us traveled to Rome in a cold winter as energetic lobbyists  in 1998 to witness the formation of  ICC court we thought the Court (ICC) would bring solace to many African countries that needed extra justice to tame dictators who ravaged this continent. In 2008 when Luis Moreno Ocampo announced that he would start his investigations we thought there would be justice for both victims and suspects of 2007-2008 PEV in Kenya.

Madam Prosecutor, the above factors have just been a mirage and elusive to many of us  and at the expense of a country called Kenya. Your continuation with Kenyan flawed, faked, sexed, doctored, repugnant cases has polarized the nation called Kenya and could destabilize the country further since the “same masters of mass action” whom Luis Moreno Ocampo did not charge in his charge sheet in 2008 are back on the streets of Nairobi calling for mass action that sparked the killings of 1300 people in 2007-2008.  I don’t know whether in your investigations about Kibera killings you heard of the word mass action?   Does the word mass action ring a bell to you?   

Madam Prosecutor,  Methinks the withdraw of witnesses like poker cards, the use of fake evidence, the coaching of witnesses under your tutorial services using Walter Barasa and Ken Wafula and others, the use of political intermediaries to molest suspects, President  Uhuru Muigai Kenyatta,  his deputy William Ruto, and Arap Sang  has been the Hallmark of  both Kenyan  cases.

Madam Prosecutor, most observers have been very disappointed by the current status of the cases that are before Trial Chamber (Va , and Vb). The manner in which the OTP has conducted its investigations, prosecution of cases, substance of cases, integrity of witnesses,   and false evidence that is now paraded before the eyes of the world are kicks of dying donkey that wants to leave a mark in history of life. This has shocked millions of people worldwide who anticipated fair trial at the International Altar of Justice.  

Madam Prosecutor, termination of Kenyan cases will give ICC a new face in Africa. The court has suffered with the bungled Kenyan investigations. The court is sorting problems caused by poor OTP investigations of the Kenyan cases and as Amicus Curiae of the court I find many things shocking. In my several applications which I have put before Appeal Chamber 5, I have asked for two remedies.

  1.  Terminate the cases under Article 53 and leave the stage as an honoured lady, lawyer and Chief Prosecutor.                         OR
  2. Allow an Independent Panel to investigate your office and yourself about the OTP investigations, Confirmation hearings, Witness procurement, and several others in Kenya PEV of 2007-2008.

 

Madam Prosecutor, the OTP showed complete absurdity when they asked for bank statements and financial dealings of President Uhuru Muigai Kenyatta.  The core of the Prosecution evidence collapsed when OTP4, OTP11, OTP12 were declared liars by the same OTP that investigated President Uhuru Muigai Kenyatta’s case.

Madam Prosecutor, It was shocking to watch the theater of deceit by the acquired OTP British lawyers in Trial Chamber Vb when they asked for evidence of bank accounts whose information was provided by Mungiki outlawed witnesses. The same fake witnesses who have since confessed that they lied in 2008-2009 would not help you at the Trial Chamber Vb in 2014. In short I don’t whether you are the one fooling the court or the court has fooled itself on this question of bank records and money handouts which was a hearsay from pork and meat joints of Nairobi

Madam Prosecutor, the same lairs(Mungiki OTP4, OTP11, and OTP12 ) and the same lies of( MungikiOTP4, OTP11,OTP12) about money that came from  the same Mungiki outlawed gang(OTP4. OTP11, OTP12) who have been declared liars by yourself  (Fatou Bensouda) is what the OTP is banking on to present to the same  Trial Chamber Vb on 7TH October 2014 against  a President of 40 million Africans who are about to go to the streets again because ICC factor has traumatized the nation called Kenya!.

Madam Prosecutor, how then will the bank accounts help this same Trial Chamber Vb in 2014 when the fountains of lies (Mungiki OTP4, OTP11, OTP12) are no longer witnesses in the Trial Chamber Vb?  Doesn’t someone in this court see the anomaly and question the rationale of wasting international taxpayer’s money in funding a dead case of President Uhuru Kenyatta at the expense of peace and reconciliation that has taken place in those areas of conflict? 

 Madam Prosecutor, at the center of Kenyan cases is the rotten, contaminated evidence and criminal witnesses that have been assembled by ICC (OTP) to testify in both cases of President Uhuru Kenyatta, his Deputy William Ruto and journalist Arap Sang.  The saga is even very sad in case One of Deputy William Ruto and Arap Sang where witnesses were manufactured in the streets of Eldoret town and Nairobi by your investigators.

Madam Prosecutor, rotten evidence that was collected by intermediaries in Kenya, recanted testimonies which were allowed in court, procured witnesses who were allowed to testify in court during confirmation and now Trial Chamber stages, ICC bribed witnesses, and above all investigators who were trained by well-known political opponents of all the Kenyan suspects before they left The Hague in 2008-2009 is great sham in history of International justice. What does this add to Madam Prosecutor?

Madam Prosecutor, doesn’t it occur to you that case number two of President Uhuru Muigai Kenyatta should be terminated now to restore the image of the court that has suffered due to shoddy investigations?  
Madam Prosecutor, it is now clear that suspects in case one (Deputy President William Ruto and n Arap Sang) could be convicted “on balance of probability” like Charles Taylor case given that the Trial Chamber (Va) has admitted the tainted evidence of a Mafia Expert Witness from the French intelligence . The rest of credible witnesses in Deputy President William Ruto and Arap Sang’s case have withdrawn or swallowed by too much coaching memory lapses of a human being.  This happens when one eats too much lies!

Madam Prosecutor, we all know in Africa that Prof. Harve Maupue is typical lair and that he only spent 6 months (in Nairobi French Theater) near the National Theater of Kenya learning Kikuyu and Kalenjin languages. I agree with defence lawyers of William Ruto and Arap Sang that the evidence of this expert was full of “a beast of lies” made in French connection films. This court has been reduced to comedy of all tales that beats Shakespeare’s plays. The stage is coloured with naked petals of lies and things have fallen apart in the OTP and ICC Chambers Va, Vb! What a show at ICC?

Madam Prosecutor, it was the same OTP that have asked  for more time to look for more fabrications to present to court on President Uhuru Muigai Kenyatta, Deputy William Ruto  and Arap Sang cases. The same in 2008 told us they had a tight water case  and ready to nail the suspects!  Doesn’t  it sound very strange and doesn’t this lead to the question of who will account for the mess that this court has caused on African continent and Kenya in particular?  
 

Madam Prosecutor, the testimony of the so called French expert was shallow. The   amount of lies presented to this court is equivalent to distance between Earth and Mars.  The cases are creating tension in the country of Kenya instead of creating peace and sustaining the healing process. The cases are killing the integrity of ICC and destroying Kenya because the President and Deputy despite doing well  are still worried about ICC and have little time to concentrate on national and regional security which is a real threat to the entire region. The quicker we  terminate the Kenyan cases the lesser the cases create a new form of conflict in the governance of Kenya.

Madam Prosecutor, the documents that I have placed before the court in my applications about these cases as Amicus Curiae of the court show a lot of flaws in both cases. I have fought tooth and nail to expose the undercurrents in OTP that show insanity in both cases.  I have blown a big whistle for over 6 years telling the world that something was, is and will be wrong if the Kenyan cases go full trial the way they were investigated by Luis Moreno Ocampo.


Madam Prosecutor, to allow and rely on the information of bank accounts that was supplied to OTP by  Mungiki liar witnesses who are outlawed and wanted criminals by Kenyan authorities is the most bizarre thing that I have seen  and heard of in my over 50 years on Planet Earth! For Mungiki to be relied on as source of credible evidence in case two of (President Uhuru Kenyatta) and for USAID – KENYA that Procured and funded witnesses in case one (Deputy William Ruto and Arap Sang) is like turning the history of Japan whose rivers and cities were bombed upside down in the Second World War.


Madam Prosecutor, therefore termination of all these cases is the best exit route that the court can do to maintain and safeguard the interest of international justice where victims and suspects will receive justice. The African continent needs this court to insulate itself from ruthless dictators who still roam some parts of this continent but given the way the court has handled the Kenyan cases it will be difficult to stop the AU calling for total non-co-operation with ICC.
 If I am wrong time will tell.


 Thanks God bless you
 


Dr. David Nyekorach- Matsanga
Chairman / CEO
Africa World Media Ltd          
London UK
26TH MAY   2014  

 

Dr. David Nyekorach Matsannga
africastrategy@hotmail.com
dr.davidmatsanga@yahoo.com
www.africaworldmedia.com

 


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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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