ICC Prosecutor drops Muthaura’s case

"I have decided, as of the state of evidence available now, that we have no other choice but to withdraw the charges against Mr Muthaura," ICC chief prosecutor Fatou Bensouda told The Hague-based court/AFP

“I have decided, as of the state of evidence available now, that we have no other choice but to withdraw the charges against Mr Muthaura,” ICC chief prosecutor Fatou Bensouda told The Hague-based court/AFP

NAIROBI, Kenya, 11 – The International Criminal Court (ICC) prosecution on Monday filed a motion seeking to drop all charges against former head of civil service Francis Muthaura, who is accused alongside President-elect Uhuru Kenyatta of crimes against humanity during the 2008 post-election violence.

“I have decided, as of the state of evidence available now, that we have no other choice but to withdraw the charges against Mr Muthaura,” ICC chief prosecutor Fatou Bensouda told The Hague-based court.

During a status conference for Muthaura and Kenyatta, Bensouda told the court that it was quite a difficult decision for the prosecution to make.

She explained that the absence of strong incriminating evidence and lack of witnesses compelled her to drop the charges.

She regretted that witnesses were compromised, while others had died before they could testify before the court.

“We have no evidence against Muthaura. There are other reasons… Several people who may have provided important evidence regarding Mr Muthaura’s actions have died, while others are too afraid to testify for the prosecution.”

“Other witnesses refused to speak with prosecution,” she explained.

Bensouda also said lack of cooperation by the government in releasing key documents and also allowing the prosecution to get access to witnesses led to a weak case.

“The government of Kenya failed to cooperate… no access to witnesses or documents to shed light on Muthaura’s case,” she asserted.

She however said the other Kenyan cases were different from the Muthaura case and said the prosecution will continue to pursue them.

However presiding Judge Kuniko Ozaki put her into task to explain why the prosecution waited for trial date to be set without informing the trial chamber of the weakness of the case against Muthaura.

She was also told to explain how dropping charges against Muthaura would affect his co-accused President-elect Uhuru Kenyatta who is jointly accused of financing the Mungiki to carry out retaliatory attacks.

She was also asked to explain further to the court how the prosecution arrived at dropping the charges at such a stage despite being aware of Muthaura’s case in last November.

Judge Ozaki made it clear to the prosecution that its decision will definitely have an impact in Kenyattas’ case.



Judie, an Associate Editor started practicing journalism in 2003. She has worked in Kenya and Germany. Judie has scooped awards in Reproductive Health, Population, Gender and Development. She has participated in international conferences in Germany, Switzerland and Netherlands. Judie has written a booklet, 'Justice and Peace in the Kenyan Eye'. She has a soft spot for human rights, crime, peace and justice stories. She has a Master's Degree in New Media, Governance and Democracy, University of Leicester (U.K).

  • http://www.facebook.com/sologish Gichira Peter

    Its not just about dropping of chrages. You need to compensate Muthaura for the unwarranted damage on his reputation, destroying his career and expenses incurred.

  • http://twitter.com/sophiemukwana Sophie Mukwana

    the vindeo and ndlama continues

  • filis fog

    Mr Muthaura was crucified for performing his duty well. When he failed to bend the rules, he was hauled to Hague’ s ICC.

  • Joe muroki

    To God be the glory. We all knew this was a set up and they used the wrong person. I have heard that plans are also underway to clear our president UKenyatta as there is presssure from our enemies EU,US, UK to drop his charges since they badly need kenya than we need them. So the only clean way is to have UK name dropped as well.

  • nguki

    The marks of a Kikuyu government have once been felt around the world. It takes wisdom to fully comprehend the Kkuyu and how they operate. When election was extended to march 2013, Kibaki was under obligation to do so to study and use all government resources to get destroy all key witnesses in order to prevent their own: Muthaura and uhuru. One might wonder what happened? The truth of the matter is that prof Muigai the ICC cases. The kikuyus employed computer wizards to interfere with the key witnesses and after knowing them the government used its power to kill them or subject them to constant fear. Kenyans of good faith , my plea is unless other tribes learn and study the kikuyus and devise ways of dealing with them, then they will remain slaves of these geedy community. Kenyans should not allow a Kikuyu rule but come together and turn the trend the other way. However, if indeed Muthaura took part in 2007/8 pev God one day will avenge the blood of those who died.

    • Boiyot

      That is incitement and tribalism that shouldn’t fit anywhere in our current nation…

      • mapambano bado

        “our nation” do you have nation ? when land is in the hands of a few. when government services are reserved for the few. I wish you knew the damage the Kikuyu have caused in Kenya. Yes they are rich but fraudulently at the expense of other tribes. People have tried to run business in central province and they closed down . Kikuyus will not let any tribe prosper in their backyard. What are you talking about you bloody idiot? I challenge you to do a good research and you will discover that Kenya is fraudulent under Kikuyu hands in all aspects namely: economically, and many more. But i don’t have time to waste my time in your self-styled ignorance. People of your type are left alone in the cave!

  • muio

    Kenya is a Kikuyu nation and other tribes lives under the mercies of God

  • http://twitter.com/Fazul_ Fazul Abdullah

    Ocampo 6, Ocampo 4, Ocampo 3…KABOOM!!!!!