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Muite demands ICC Mungiki probe

BY BERNARD MOMANYI
Updated : 296days and 13 hours and 3 minutes ago

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NAIROBI, Kenya, Nov 10 - Lawyer Paul Muite has released a petition he says was to be presented to the ICC prosecutor by murdered Mungiki spokesman Njuguna Gitau, to demand a probe into the execution of over 7,000 youths.

On Tuesday, the lawyer handed over the petition prepared by mothers and widows of the slain men to the Kenya National Commission on Human Rights, alongside an affidavit by him (Muite) urging the ICC prosecutor Luis Moreno Ocampo to take up the matter.

“I make this affidavit in support of the request that the ICC takes up investigations of extra judicial executions in Kenya with a view to prosecuting  those bearing the greatest responsibility in accordance with the Rome Statute,” part of the affidavit states.

In the affidavit, Mr Muite lists the country’s top leadership (whom we cannot name due to legal reasons) as having sanctioned what he terms as ‘extra-judicial killings of Mungiki suspects.

The sworn statement also tells of a meeting he held with Mr Gitau and Mungiki leader Maina Njenga during a goat-eating party in Kitengela where the two revealed they had received threats from the Kwekwe Squad, a police unit the government maintains was disbanded last year.

He said the meeting took place on October 30.

“Having acted pro bono (for Mr Njenga) he had slaughtered a goat in my honour and in accordance with customs to express gratitude.”

“When discussing about extra judicial executions, the late Njuguna Gitau informed us that a few days previously, he had run into members of the Kwekwe squad which is one of the squads behind extra judicial executions,” Mr Muite states in his affidavit.

His affidavit concludes: “I have no doubt in my mind that Njuguna Gitau’s death is yet another statistic in the long line of extra judicial executions and underscores the impunity attendant thereto.”

The statement dated November 10th was sworn before Lawyer Robert Asembo.

Mr Muite also told reporters he was “aware of the late Njuguna’s plans to hold a press conference prior to his death where he intended to make public his petition because he could not manage to meet Mr Ocampo who was heavily guarded during his visit in Kenya.”

Kenya National Commission on Human Rights (KNCHR) Vice Chairman Hassan Omar Hassan who received the petition and affidavit from Mr Muite pledged to hand it over to the ICC.

“We are still studying it and will be taking appropriate action as required,” Mr Omar said.

The late Gitau was shot dead on Nairobi’s Luthuli Avenue last Thursday by unknown assailants whom witnesses said had been seen arguing with him before he was heard pleading for his life.
 

 
Comments (2) posted
Suma (November 10th, 2009, 10:28 PM)
You think the so called Kwekwe is stupid? To me, all roads lead to Mungiki. Njenga and Gitau seems to have been in the process of abandoning Mungiki? That is why they killed him. I think this is another way of Muite protecting Mungiki's face.
 
Vlad (November 10th, 2009, 8:59 PM)
The Kenya government should have considered what happened to the Argentinian and Chilean military leaders after killing hundreds of people (political dissidents/leftists) in the 70s and 80s before embarking on a policy of mass elimination of Mungiki suspects. I would not be surprised if some 70 and 80 yr old men end up serving jail terms and paying out millions in compensation.
 
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