ICC now asked to investigate its prosecutors

In the letter to the president of the court, Matsanga insists that former prosecutor (Moreno Ocampo) his successor Fatou Bensouda did not properly investigate the Kenyan cases, which has made it difficult for them to prosecute the cases/FILE

In the letter to the president of the court, Matsanga insists that former prosecutor (Moreno Ocampo) his successor Fatou Bensouda did not properly investigate the Kenyan cases, which has made it difficult for them to prosecute the cases/FILE

NAIROBI, Kenya, May 17 – Ugandan peace resolution expert David Matsanga has now written to International Criminal Court urging it to consider investigating the prosecutors over what he terms a ‘flawed investigation’ in the Kenyan cases.

In the letter to the president of the court, Matsanga insists that former prosecutor (Moreno Ocampo) his successor Fatou Bensouda did not properly investigate the Kenyan cases, which has made it difficult for them to prosecute the cases.

Matsanga now wants a meeting with the court officials over the matter.

“My lord, I want to request for a face-to-face meeting because of the happenings that are destroying the image of the ICC,” he states in the letter addressed to ICC President Judge Sang Hyun Song.

Matsanga argues that lack of proper investigations in such cases always compromises the entire process.

Matsanga makes it clear he is not acting on instructions from any of the accused persons from Kenya, including President Uhuru Kenyatta. Others facing charges are Deputy President William Ruto and journalist Joshua arap Sang.

“History will not judge me harshly because I stood by facts that these gentlemen whom I have never shared food or drink with on the same table were framed by political opponents,” he said.

Matsanga was investigated by the court over alleged witness tampering but the probe was dropped by the prosecution for lack of evidence and he now intends to file an application seeking damages.

“I will file another application seeking remedies from the court for loss of income and mental torture the court put me through,” he says in the letter. “I have been blacklisted as a person who tampered with witness No 4. How do I clear my name?”

In his request to have an investigation opened on the prosecutor, Matsanga says it will not be the first time such an investigation is carried out-citing an inquiry that was opened on the Yugoslav Tribunal where the Chief Prosecutor was investigated over an investigation she was conducting.

“My Lord you are aware of the miscarriage of justice that continues to be administered in the OTP,” Matsanga states.

Matsanga’s letter is also copied to Uganda Minister Dr Ruhakana Rugunda, who once served as the country’s ambassador to the UN Security Council and Rotating Chairman of the Security Council during the confirmation of charges of the Kenya cases.

It is also copied to Kenya’s Attorney General Githu Muigai and defence lawyers of the Kenyan accused persons.

JUDIE KABERIA

JUDIE KABERIA

Judie, a Special Projects Reporter 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 and she is now pursuing a Master's Degree at the University of Leicester (U.K).

  • Lukati

    Masanga pliz focus on what is happening in your country. KONYI is your right hand man and he is on the loose ,you have no reason to comment on kenyan issues

  • http://www.facebook.com/walter.okoth Walter Okoth

    Which one is this meddling in Kenyan issues?

  • MUTANGWA…DR MUTONGIO

    we need to appricate the work done by DR MASANGA .. infact he deserves to be given an ward by the kenyan goverment for his efforts to advice them and also fight for justice.. GO go DR AND CRUSH THAT OOTP AND LET THEM BE INVESTIGATED

  • Mazzdark

    By a charlatan who himself faces ICC charges of interfering with witnesses

    • Natty Dread

      Update yourself. Due to Matsanga’s efforts, the key witness against Uhuru, James Maina Kabutu, was dropped by the OTP after admitting that his testimony was false. The Prosecutor tried to instigate charges against Matsanga for alleged witness tampering but had to withdraw because there was no evidence.

      If you have evidence of tampering, why don’t you volunteer it to the OTP and help them get this persistent monkey off their back?

  • Jambo

    Dr. Matsanga, Do you know that people died during the post election violence? Who is standing for the displaced? It seems you don’t know much about what happened? Our president and his deputy are upto cooperating with the ICC to prove themselves. If you want ICC to investigate its prosecutors, its like telling our government to investigate its prosecutors in crime cases and others.

    • Natty Dread

      “Dr. Matsanga, Do you know that people died during the post election violence?”

      What a silly question!

  • Devobserver

    Following Ocampo’s disclosure, the Bensuda’s, Judges and all ICC must each come out publicly and DECLARE none of them is pressured by foreign governments’ envoys to some ends. Even if Ocampo was strong to resist pressure, Bensuda and the three saints may not be and I don’t believe that the envoys gave up thereafter. Why then try to torture, yes torture, witnesses who’ve seen no point of lying to testify?