Why is ‘First Prosecutor’ Maina Kiai hallucinating?

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BY MOSES KURIA

Maina Kiai was the Head of the Kenya National Commission on Human Rights (KNCHR) when the much discredited report ‘On the Brink of Precipice’ was published. Subsequent investigations into the post election violence that rocked Kenya between December, 2007 and February 2008 have one thing in common. All of them borrow heavily from Maina Kiai’s KNCHR report.

The Waki report particularly plagiarizes Maina Kiai’s report even repeating an obvious factual inaccuracy that Uhuru Kenyatta was MP for Gatundu North. Mr Kenyatta served as MP for Gatundu South for two terms. Louis Moreno Ocampo and his successor Fatou Bensouda have also borrowed heavily from Maina Kiai’s report.

The foregoing places Maina Kiai in a very unique and privileged position. He is not your run-of-the-mill civil society activist. He is very central to the ongoing case at the ICC. Given his pioneering role in investigating the post election violence, he is clearly the first prosecutor of the cases. I recall attending the first meeting of Kenyans for Peace, Truth and Justice (KPTJ) in January, 2008 at the Panafric Hotel. In that meeting, Maina Kiai was categorical about two things.

First, he stated solidly that the 2007 election was stolen and second, that there is no need to talk about peace before justice is established. That was at a time when most of us were of the view that irrespective of who was responsible for what in the election, unconditional stopping of the violence was of utmost priority. Mr Kiai, the First Prosecutor, was of contrary opinion. “Justice first, peace later” was his unequivocal position.

Now, Maina Kiai, the First Prosecutor, would like Kenyans to believe that his life is in danger. Never mind that the self-proclaimed prince of the rule of law has not deemed it fit to report the matter to the police. Of course Mr Kiai is anything but certainly not a fool. He knows that if he reports his claims to any authority (except, perhaps the KNCHR investigators), he will be hard pressed to provide hard evidence, which he does not have except in his always fertile imagination. But there is something else Mr Kiai knows.

He is alive to the fact that the ICC is seized of the serious matter of witness protection. By claiming that no less than the President of the Republic of Kenya is responsible for threatening his life, the First Prosecutor, Maina Kiai is simply assisting the Fourth Prosecutor, Fatou Bensouda to create imagery in the minds of the judges. This week, Prof Makau Mutua, a close ally of The First Prosecutor Maina Kiai posted on his Twitter account that it is time the ICC issued warrants of arrests against Mr Kenyatta and Mr Ruto. The web of intrigue that culminated in Mr Kiai’s claims is discernible even to the naked eye.

There are two other reasons why The First Prosecutor is hallucinating. One has to do with the case at The Hague and the other one is much closer home. At The Hague, matters seem to be going down South for the Fourth Prosecutor. A case involving a sitting President and a Deputy President of a sovereign nation is being heard behind closed doors. Can you believe that? One would have thought that the Fourth Prosecutor Bensouda would gleefully share whatever evidence she has with the world. When she dropped the case against Francis Muthaura, Bensouda claimed that witnesses were being intimidated.

Whenever her case is not doing well, the Fourth Prosecutor always claims that witnesses are being tampered with. Short of any evidence to prove that, she will find the claims by the First Prosecutor, Maina Kiai very useful in creating the imagery of a rogue state headed by rogue leaders where the rule of law is worse than in Europe during the Stone Age era.

Closer home, Mr Kiai has reason to hallucinate. Mr Steve Kay, Mr Kenyatta’s lead counsel at The Hague has applied for some confidential information from a local mobile phone operator. That case is being heard in-camera.

The civil society rushed to court with unprecedented speed and alacrity, demanding that the case be heard in open court. Now, I am confused. Bensouda wants the case at the ICC to be heard in private, yet the local civil society wants the Kay case to be heard in public. Could the Kay case be reason why Mr Maina Kiai, the First Prosecutor, is panicking ? Are we on the verge of getting incontrovertible evidence of how the ICC witnesses were procured ? Methinks we are headed for very interesting times.

(The writer comments regularly on public affairs and policy matters Twitter:@HonMosesKuria)

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  • Kwessi Pratt

    Propaganda and reality are totally two different things. However, Mr. Moses Kuria seems to have missed that fundamental point. Of course, accusations have been made against KNCHR’s report on matters ICC. Thats quite valid. Nonetheless, we have failed to show our own report that would have put the commission’s report to shame. Even when the accused to charge of the country, they never attempted to put different evidence on the table. That failure, given the serious charges they are facing at ICC, only helps to confirm KNHR indeed recorded events they way they truly happened. Why state has not taken the trouble to institute fresh investigations, despite incoherent noises, is hard to discern.

    We have only been trying engage in discrediting schemes marked by wild propaganda, that hardly help our case. To go for those we believe are in support of ICC process, while not coming up with our own process is blatantly futile. Infact, if anything, it exposes underlying fear for justice. After all, if we have all state machinery at our disposal, what would make us so poisonous instead of coming up with solid irrefutable evidence that throws to waste the purported cooked up evidence?

    Brazen assault on the office of the prosecutor is not the best way out. It would serve us well if we changed tact. Taking issue with Mr. Maina Kiai just because he claimed his life was threatened, is worthless side issue. Whether he was truly threatened or not, shouldnt make us scream all sorts of things. In any case, police can easily investigate such claims and take appropriate action either way. However, to use Kiai’s claims to scandalize the office of the prosecutor is quite mischievious and clearly uncalled for. Furthermore, innocent people dont spread hatred, they patiently wait for their day in court.

    • Kitonga

      The plain truth brother.

      • ObieK

        Thank you Kwessi for the succinct exposition of the innuendo being propagated by the attack dogs.

  • Kimongonye Jothito

    The bottom line is this. “Kila kitu wazi. Tujue mbichi na mbivu”. Let everyone in the world hear and get to know the truth.

  • Liz Charlotte

    Whoever wrote the list of suspects ignored the two most obvious, that always baffles me. but all in due time

    • Kwessi Pratt

      Fixation with those two has indeed clouded our vision.

      • Liz Charlotte

        There should have been 8 not 6 suspects. There are no implications of guilt or innocence in being a suspect though

        • Kwessi Pratt

          And who was supposed to come up with that Madam Liz? Suspicion in criminality is the starting point for criminal prosecution. Innocence or otherwise is found at the tail end of prosecution. To violently engineer acts against or attempt to demean that process, clearly puts your purported innocence in to question.

        • Kitonga

          Infact it is going to net more has witnesses continue spill beans.

  • Tom Odula

    Please spare us Moses Kuria we are not idiots. Police told Kiai his life was in danger not vise-versa. If police come and tell you people are planning to burn your home wouldn’t you take it seriously. In fact police just didn’t tell Kiai they sent armed officers and police dogs without request because of the enormity of the threat. Spare us the lies unless you can prove otherwise.

    • Angel_of_Death

      Which police? Names?

      • ObieK

        It was reported by the press, and was never refuted. Did you read the story when it came out, or your head was buried in the sand like the proverbial Ostrich?

    • paul ndungu

      I concur with you . police also told him its the president who is after his life, didn’t they?

  • Qwani

    The triangle relationship of Prof. Makau, Bensouda and Maina Kiai should be exposed for the whole world to see!!! No secret court sessions!!! Their lies need to be brought out into broad daylight!!!

    • ObieK

      Go ahead and do the exposition of the three. What’s holding you back?

  • geoffrey korir

    Ni kunoma, some pple never mean well for this country. As we forge ahead, wivu na kinyongo inawamaliza wengine

  • Xrus

    This Tripartite of Evil , made up of Kiai Mai, Githongo & an insidiously evil hate monger called Makau, are Kenyas’ greatest shame! These dark spirits, who owe every thing they have in life to their Western Paymasters, will do anything, even sacrifice their own country, just so that they do’nt loose favour with their European paymasters. That is the worst type of betrayal that one can afford his motherland. That anyone can call for more blood letting before Justice, when we so desperately required outside intervention from Annan & his team, shows the evil depths of hell that some cockroaches like Kiai will stoop to , to remain relevant, shame on these devils!

    • Kwessi Pratt

      These three guys have been excellent in fighting for poor innocent Kenyans. They exposed ruthless and murderous political leaders who dont care a hoot about innocent poor Kenyans. They resisted criminal political designs by past regimes. Are you trying to tell us they became evil because of all that? What exactly did they do thats evil? Was it fighting for poor innocent guys who were raped, dislocated, maimed and murdered? If we push our hateful propaganda too far, we SHALL turn ourselves to useless savages that dont know whats right or wrong!!!!

  • Charles Murithi

    Something about Maina Kiai, Prof.Makau and Githongo which does not add up. I have always wondered under whose um pits have they always laboured so much, so hard that you may think they are the brightest-hard-working of all Kenyans. It flabbergast me when i realized how a genuine innocent Kenyans somewhere is but busy rebuilding trust among est their fellow Kenyans while the likes of Makau’s, Githongo’s and Kiai’s are busy doing exactly the opposite. Infact, much of the troubles we have as a country are more so as a results of evil hands of these three gentlemen and others of their likes minds. But i tell them those who do evil on earth will receive same treatment when their time here on earth is no more. Let them justify their un-just means they have always used to enrich themselves by lying to foreigners who even does not know where Makau & Co. comes from. It is evil; it UnGodly it is criminal. Siku za mwizi ni arobaini. You will be finally be caught up.

    • wkamau_Reloaded

      maybe they should have used your arm pits.. that way they would have blossomed in the correct manner. Also, Uhuru is Jesus and our God.. tell that to them my brother.

  • Uzalendo

    Soem of the people writing hateful nonsense here must be the same crazy people who were villifying, rediculing and initimidating the poor woman, a survivor of the Kiambaa church terrorism who was a witness last week at The Hague. Today they are all crying about the Westgate Al Shabaab terrorism and talking about Kenya being united and tommorrow they will start their own Al Shabaab war against the ICC witness because she is exposing their new gods. Shame on You. If you want to kill Maina Kiai, go ahead. He is not a coward liek many who kill at night and pretend to be saints during the day.
    As to Moses Kuria’s hateful propaganda against Kiai, we all know the difference between the two. Kuria cannot tie Miana Kiai’s shoes. Let him stick to tying Uhuru’s. Kuria should know that the first prosecutor in Kenya is the A.G which was Wako and now we have Githu Muigai. What has the Kenya government ever done about the PEV terrorism that killed 1,300 Kenyans and led to masss raping of women and girls in kenya? Why are we at The Hague? No it is not because of Maina Kiai. It is because the murderers and terrorists of PEV are too big to prosecute in Kenya, whoever they are. Is that Maina Kiai’s problem. Instead of whinning endlessly about ICC investigations why doesn’t Kenya carry out its own investigations? We all know why. Well tomorrow the case resumes at The Hague. Mpende Msipende. Eti people are healing. When did the 1,300 come back from their graves to heal. Should we also set free all Al Shabaab suspects so that people can heal? Healing starts with justice.

  • Don’t burn me

    Kuria is crying that the case at The Hague was being heard in camera. Yes it is because some shameless Kenyan goons wanted the poor victim of Kiambaa massacres stoned to death because she had the courage to speak about what she saw and that now angers those who used to call some of the suspects the Kenyan Kabuga. Now Weareone. Are we really? What about the witness? The judges had to save a witness, a survivor of one of the most horrific acts of terror from angry and vengeful Kenyans who are more concerned about their kings in power. And Kuria wants to blame the ICC court for that. The witness had her name and personal details splashed in the internet probably by the same people Kuria weeps about the ICC with. I am ashamed of fellow Kenyans who seem to want the Kiambaa fire victim taken back to the church and burnt kabisa never to talk again. Even more frightening are people like Kuria who are mad that the judges decided to shield her face and testimony from Kenyans. What do you want to do with her?

  • knightamani

    Kuria, I think you got the headline wrong-you must be the one hallucinating, imagining that the ICC cases will just dispapear because uhuruto were elected. Wake up to reality, all are equal before the law-except of course in Kenya! Justice shall prevail-give them a chance to prove their innocence in Court.

    • Uhurujuu

      My dear knightamani. I do believe you need to get your head checked up, thoroughly, and not in Kenya please! You can BUY a certificate of good health easily from River Road. All I want to say is had it not been for the ICC, the just concluded elections would have tilted Kenya the other way. And by the way, it is only the losers who want to draw attention to the world of their “kura zimeibiwa” story, and not the winners.

      • Kwessi Pratt

        “And by the way, it is only the losers who want to draw attention to the world of their “kura zimeibiwa” story, and not the winners.” Where did you get this one from ‘Uhurujuu’? Obviously, votes were literally doctored and even stolen. Thats why IEBC had to use tna server. That way, the exposure that was evident in 2007 and led to PEV, was clearly kept under lock and key.. Some systematic happenings but deliberate also took place to blind the people from obvious vote tampering. Mutahi Ngunyi’s so called tyrany of numbers was one of those. Supposed threatening mungiki letters and airport sagas was another clever additions. There were many including throwing out CORD agents from the tallying centre. Of course, flimsy excuses were given for that. But had it been true, the agents would have been handed over to police. Over-crowding certainly cant be an excuse to throw out agents for such crucial election. And to make matters worse, jubilee agents were never affected by that action. Supreme Court too used timeframes to assault justice that created their very existence. Tyrany numbers were tripple numbers that graced election results. Initially former PM Raila had ****111 and Uhuru ****333. After I asked why these tripple numbers remained the same even after several result declarations and several hours, IEBC quickly replaced those numbers with 444s and 888s! Incidentally, when IEBC was asked why there were so many spolied ballot papers, they said systems erroneously multiplied spoiled votes by 8! The question is why and how? And where there no other mischievious deliberate errors? And why 8 when it was part of tripple numbers in election results? In the foregoing, its clear those deliberate multiplications fooled some election observers in believing all was clear. Of course, when results are immediately declared with hidden inflating, strangers cant find anything unusual, given that CORD believed either way, the seat was theirs for taking. Their noise quickly disappeared after then VP Kalonzo got heavily criticized. He knew funds had been deposited in Seychelles to compromize the uncompromized. However, when it started looking like Kalonzo was doing it for himself, he went quiet. Only to be collected later by false sure-footed fellows after they realized, rather too late, the game was over and over kabisa!!!!

        • ObieK

          Is this the “original” Kwessi?

    • Kitonga

      true bro, they have panicked Fatou cash now cash them one by one.

  • natenate

    Moses Kuria, I agree totally with your article. As much as we want justice done to the victims, it must be done correctly by charging the right people not fabricating and cooking stories. The best justice is charging the 2 candidates who were running for presidency. the one who stole and the one called for mass action country wide and not just concentrating on rift valley.

    • Kwessi Pratt

      Unfortunately, apart from pointing fingers and screaming, we havent laid down any evidence against the two. Even with new suspects’ led administration, no one has tried to pin these two guys down. However, its too late now and unless suspects are acquited, investigations instigated by suspects wont have any shred of moral authority. They will be treated by those who matter as mere witchhunt.

  • Kwessi Pratt

    First fatal shot has been fired against guys contemptuous of ICC. Perhaps, Mr. Kuria havent imagined it can come to that. May be you can now help this Walter Barasa fellow.

  • Kitonga

    If one has nothing to say it’s good to keep quiet.

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    • Guest

      ulizaa pepo chunguza?

      • Kwessi Pratt

        Wow!

  • Gichuki Wanjuki

    Here!! Here!! Mr Kuria. I fully conquer with your fact’s. It’s
    Unbelievable how half of Civil Society wake’s up everyday, priding
    themselves with being of any value…………..Then again, with
    fellow’s like Obama in their corner, responsible Kenyan’s are
    illiterates in their conscience. You article clearly illustrates that it
    is not Human Rights that they are after but selfish gain that has no
    limit or depth. All school’s of law teach that “We are all equal under
    the law”………………but a little intelligence will add to that
    statement that “but we are not all right (responsible, sane and of
    selfless mind) under the law.

    But this half of civil society
    will fight with every weapon imaginable to impress, in every way, the
    need for all imaginable right’s to be accorded to citizen’s under any
    constitution. There are people who shouldn’t get bail at all. The
    police, like our teacher’s in oldschool, should handle each individual,
    case, report and criminal act, not based on constitutional right’s but
    on the veracity of the intent, behaviour and or act.

    The
    Constitution of Kenya 2010 has a wonderful section I call sweet sixteen –
    To all who can’t stop shouting “The constitution must be implemented
    fully” I’d like to inform you that Chapter 16 has remedy beyond measure.
    There are entries in the constitution that are absolutely intellectual
    in thought – Intellectual thought’s lack intelligent thinking and
    intelligent grounding………………………..Eg. How the hell can a
    Police Force be headed by a civilian?………………What about this
    foolishness that is regional balancing in state offices and…….and
    that it’s upto the Military – I don’t want a Kikuyu to be my CGS
    because he is a Kikuyu. I want him to be qualified (and not on paper but
    on the ground) and deserving of the position with command respect from
    the forces he will command. I don’t want tribe to lead me but
    competence…………..I also don’t want gender to be my Cabinet
    Secretary, PS or staff in ministries but intelligent, hardworking and
    job competent Kenyan’s……………………………There’s a lot of
    intellectual thought in the constitution – one doesn’t have to have gone
    to a law school to tell this messes in it.

    KNHCR are
    propagator’s of intellectual thought – Intellectual thought lack’s
    intelligent thinking and intelligence. As you have mentioned, the report
    is a propagation of ill intent. I await it’s belittlement by Defence
    lawyers at the Hague, but let it not be lost to Kenyan’s “The
    propagation has caused harm beyond repair – It’s not about the verdict
    that we anticipate, but the consequences the individual’s charged have
    had to contend with ever since they heard of the charges against them –
    This, for sure is consequence to individual life that can’t be bought
    back by a verdict. The country has had to contend with the same in
    matters uncertainity, and voiced threat’s not to mention media fronting
    of the same in way’s that have caused injury to a good majority of it’s
    citizen’s. I for one have had to carry an ailment in me for the last few
    year’s called ICC Cases. Cancer isn’t caused by cigarette smoking but
    by carrying of tangibles in us that cause fear, worry, doubt and
    hopelessness. “Cancer Kill’s”…………………………..Foolish
    law’s and there advocating kill’s…………………….The fact that
    one can and has a right to petition any election shouldn’t lend to one
    using the right foolishly – petitioning because it’s provided for –
    Majority of the nation wasn’t held at ransom – Majority of the nation
    was held in themselves by fear, worry and doubt – ingredient’s that
    initiate, hasten or aggravate internal organ ailment’s. Crime doesn’t
    even come close to killing a respectable percentage of human’s as
    disease, frustration, anger and hate……….all caused by foolishness
    and stupidity that lives in and around us.

    Kenya need’s to set a
    standard – we have more intelligent people in Kenya than there are
    intellectual’s. There’s evidence to prove this – Civil Society has not
    changed for the last 20 year’s, but society has. We can’t be ruled,
    detained and jailed by intellectual’s, their thinking and their law’s.
    It’s time to break free. Implement the constitution with chapter 16 in
    clear view of sight and mind. Identify intellectual thinking by exposing
    every law’s real and individual intent to practicality (intelligent
    thinking)……………………..etc…….and finally, though it will
    be painfully long to endure, majority of the country need’s to prepare
    itself to hear the falsehood’s and rubbishing of so called evidence at
    the ICC by Defence Counsel. Once done, we need to help the innocent to
    get back to their complete healthy body functions by prosecuting in our
    own court’s, all those who played any part in aiding falsehood’s.
    Forgiveness causes all manner of cancer’s – that’s why we have The
    Police, Court’s, Judges and Prison’s.

    If we don’t put such
    check’s on Civil Society, Kenya will find itself according and
    celebrating the provision of conjugal Right’s to criminals……..in
    prison’s!!’

    Which sane person will allow for pleasure in prison –
    The fellow or lady sold away their humanity and human rights the second
    they disregarded humanity, paying absolute no regard to fellow
    man/woman………………………………
    Wife/Husband………marriage is a relationship based on
    character…………….good, love,
    sincerity………………………..only an insincere, irresponsible
    and mind boggling person can feel the need to visit a prison to
    ………………It’s even
    inconceivable………………………………But there’s a good
    section of Civil society that celebrates
    this…………………………..Sane Kenya need’s to get to a quiet
    corner and sincerely ask their individual heart’s – Is this all or is it
    ground work for other foolishness…………………………….Any
    good responsible parent will tell and warn you that if you don’t deal
    with the small thing’s that baby/kid will grow into a big thing that
    will teach the parent into shame, ridicule and not known to you, this
    frequent long bearing emotional injury gradually grows inside to get own
    identity………..cancer of………cancer of…………….cancer
    of………

    Cancer is not caused by cigarette smoking,
    nyama choma (man/woman has canine teeth – If we were meant to eat grass
    we would have evidence of it), tasty curries in sweet butter, cakes and
    healthy feeding of vegetable oil to onions in our sufuria’s. Cancer is
    caused by the living of past and continuous present aggrievement by
    people, intellectual law’s that allow for anger, hate and foolishness to
    live inside us without our conscious knowledge and among us causing
    continuous fear etc.

    Lastly, the largest and most
    enabling patron to this Civil Society is the Media…………….It is
    the media who give this section of Civil Society face, honour,
    respectability and jurisdiction over all matters life and sundry. The
    people the media bring’s on air are absolutely Unbelievable
    ……………..and I mean this in deep negative.

    Conjugal Right’s………………………………..”What”!!

    Next
    thing you know the Government will be charged with providing pad’s as a
    right – Pregnancy is not a consequence of
    sex………………………It’s a conscious choice made by a lady and
    woman. A lady and/or woman (not girl’s) should not get pregnant if the
    relationship she’s in can’t even provide for it’s current two
    occupant’s. ……………….even men know about the menstrual
    cycle…………………….If you need concrete evidence of the above
    fact, secretly sit next to a window when ladies and or women are in a
    room – you will learn beyond your mind’s and heart’s ability to live
    normally ever again. Insincere women and the son’s and daughters who
    celebrate their living are the worst human being’s on
    earth………………………….Civil Society need’s to be vetted
    and checked in real time.

  • shalom

    ICC seems to be directed by Makau & Maina period let them go a head and issue arrest warrants!

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