Why I dropped Muthaura’s charges – ICC Prosecutor

Ladies and Gentlemen, People of Kenya:

Firstly, I wish to sincerely commend all Kenyans for their commitment to maintaining peace during this election.

I wish to inform you, that today I filed a notice to the Judges to withdraw charges against Mr Francis Kirimi Muthaura.

I have done so after carefully considering all the evidence available to me at this time. It is my duty to proceed only when I believe that there is a reasonable prospect of conviction at trial. If not, then it is my responsibility as prosecutor to take the decision to withdraw the charges.

This is an exceptional decision. I did not take it lightly, but I believe it is the right thing to do.

I explained to the judges the reasons for my decision, specifically, the severe challenges my Office has faced in our investigation of Mr Muthaura;

– the fact that 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.

– the disappointing fact that the Government of Kenya failed to provide my Office with important evidence, and failed to facilitate our access to critical witnesses who may have shed light on the Muthaura case.

– the fact that we have decided to drop the key witness against Mr Muthaura after this witness recanted a crucial part of his evidence, and admitted to us that he had accepted bribes.

Let me be absolutely clear on one point – this decision applies only to Mr Muthaura. It does not apply to any other case.

My decision today is based only on the specific facts of the case against Mr Muthaura, and not on any other consideration. While we are all aware of political developments in Kenya, these have no influence, at all, on the decisions that I make as Prosecutor of the International Criminal Court.

As I have consistently underscored, the International Criminal Court is a judicial institution.

In conclusion, let me remind you all of my unwavering commitment to justice for the victims of the 2007-2008 post-election violence. The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes – and whose voices must not be forgotten.

I will not forget them.

43 Replies to “Why I dropped Muthaura’s charges – ICC Prosecutor”

  1. Sounds very appologetic… please do not be Ocampo needs to be. What about our president and the deputy? I await your next statement.

  2. Its no surprise that ICC is taking us for a ride. This is proof that moneyed influencial people have their way out of criminality. We are told that Muthaura’s case cannot hold because a witness was bribed by Uhuru. It is sad that a case can be abitrarily dropped for such flimsy reason. Being bribed does not take the evidence away, just as, if they did not find him the evidence would stay. But the question is, how careless is ICC with its witnesses? Time lapse means Uhuru men using international intelligence to alter evidence. It will not be another surprise that Bensouda has run out of witnesses and therefore no more case against these men. Is it by design that These cases had to be slowed to let Uhuru get His presidency and block his way to Hague? I sympasise with Sang.

    1. Really???? Did she say bribed by Uhuru???? The way I understood it was that he accepted bribes to testify against Uhuru, but at this point his conscience will not allow him to proceed and thus he has withdrawn as a witness.

      1. Either interpretation (bribed by Uhuru or bribed to testify against Uhuru, or even bribed to drop his testimony) is not indicated by Bensouda’s statement. She may have left this as ambiguous for her own reasons…

    1. What do expect when witnesses are killed, died or refuse to testify? I expected more fight for justice by Kenyans but we just slide down the propaganda mill. Where there is smoke there definitely is always fire.

  3. My peni mbili take on all this… I think the sacrifice has been paid by these guys, if anything I think the impact of this case has been felt and results achieved, going by the peaceful elections. If I twist this case, I want to believe that these four (six) had to carry the burden of ensuring that Kenya had a peaceful election this time round. That having been achieved, they need to be released and we forgive each other and move on. If we do away with the arrogance and pride prevalent in our two competing communities, then half of the problems in Kenya are solved!!!

  4. why haventyou taken those bribed your witness to court en sometimes back ocampo said that you guys had enough evidence to nail the suspects why these sudden change that kenyan gorverment has denied your office access to evidence? ma question is are you trying to prosecute people with propaganda like politician? why do you say thing when you know its nt true? en who funds icc? en in whos interest are you servng.

    1. Dont be a fool. Lest you know that she was categorical about the issue of the evidence from the start. ICC cannot prosecute the witnesses and has no jurisdiction. However read the diplomatic language in a her statements and rethink with a little bit of intelligence on your stand.

  5. i shall believe you when Odinga, Kibaki, Obama, Bush 2 and Blair are b4 your court, otherwise your court is despicable for selective justice.

  6. “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.

  7. Thank you for seeing light where dackness is full, meanwhile it is important also to carefuly listen to the victims who are alive and the joy they having today for the said crimals elected as President and deputy President who they truly believe are the only hope for them to resettle them. The President elect and his deputy as they said they will comply and if you had the oppotunity to listen to the Kenyan debate know there are men in the current coalition Gorverment who are holding billions that was ment to ressettle the said victims. Bensouda try again and open your eyes, am sure its dack for you but you will see the light sooner than later.

  8. surely you should have had your evidence in place BEFORE you went to file charges against these people… You don’t file charges and then start looking for evidence… what, pray tell, were the charges based on in the first place then ??????


    Raila should try some options:

    1. Sue himself and his foreign
    masters for not succeeding in their evil schemes e.g. the British
    company that supplied software to IEBC then in cahoots with the
    “jonnies” who flocked into Kenya apparently attacked the electronic
    tallying and result transmission platform in order to bloat the rejected
    votes and force a run off (as per articles appearing in the media
    explaining why the tallying had to go manual following intelligence
    indications of foreign sabotage). Note that when the electronic system
    was in place, the spoil votes were over 337,000 but after manual
    verification the total rejected votes hovered around 39000 which is
    close to the Ugandan 34,000. The foreign hands injected a bug that kept
    multiplying the spoilt vote by 8. The IEBC move to manual tallying was
    apparently informed by intelligence indications that some foreign hand
    was seriously undermining the process when it finally became clear that
    their preferred “slave” candidate was losing. It was notable that a
    foreign NGO (Ford Foundation) that pretends to promote democracy is the
    one that went to court to try and stop vote tallying. Right now they are
    probably going to bankroll Raila’s suit in the hope that Ford
    Foundations former employee, Dr. Willey Mutunga, will declare Raila as
    the winner of the Kenyan elections. That is the utopia that Raila and
    his foreign masters and the Makau Mutuas have been living in and causing
    untold misery in Kenya but their end has come. God’s hand of judgement
    has slapped them hard!!!!

    2. He can also as Prime Minister order
    the Scotland yard to come in and conduct “credible” investigations
    which should help us all understand the sudden influx of British
    soldiers in Kenya and “help” Raila continue his irrelevant tantrums.

    Raila evidently believes in foreign entities more than Kenyan systems
    so he should even take his electoral disputes to the Hague, London or
    Washington DC where his friendly courts will happily pervert justice in
    his favor. He should recruit Ocampo and the two pre-trial chamber’s judges who
    were bankrolled by a one foreign nation to favor Raila at the ICC.

    Since Raila will lose the case at the Supreme Court after all, he
    should consider running for office in the USA or UK where they have
    PERFECTLY CREDIBLE IEBCs or Electoral Colleges so that he will easily be
    declared president. Alternatively he should run for office at the UN
    where his lobbying, propaganda and backroom horse-trading skills and
    friends like Kofi Annan will easily make him the UN President.

    The US State Department’s own Carson may also step down so Raila can
    take his position in Africa. Alternatively, the British envoy to Kenya
    should pack up his bags and take Raila with him back to the UK in
    ‘difromatic or is it diplomatic or diploblematic” protest.

    Otherwise, Raila should pack his big sofa sets and music systems, catch
    the train in Kibera and honorably return to nyalgunga since he has
    defied all decent advise (including the advice he was given to retire
    honorably). His ego made him lose everything including a Prime
    Minister’s retirement package in pursuit of something God had not told
    him to go for (i.e. the Presidency). He leaves behind a long stream of
    casulaties including Kalonzo Musyoka, Kalembe Ndile, Bishop Wanjiru, S.
    K. Macharia and other pseudo-nationalists.

  10. THis Whole deal is gonna get complicated.
    Muthaura was collateral if anything. But with the big fish being in real power, elected power, its gonna be difficult to try a Kenyan president at the Hague. It matters that its Kenya. You can bet the court machinery will reflect this and will just go thru the motions before delivering the inevitable ‘dropping of charges’.
    But that day is years away. Meantime, the game will be played by the diplomats , Some in strong support of playing out the motions of the court while others in support of giving the ICC the finger.

  11. That is utter rubbish, why is the lady adressing Kenyans? Is it not the West governments who has employed her? To me ICC is nothing but a slow motion movie show, whenever Kofi Annan speaks this lady goes on the media too. If she has a case she should not find petty excuses like so and so has died, so what drop all the whole cases because Kenya has moved on and damn well.

  12. bensouda, acompa, kindly give us a break with your unjust and political case. Can you explain why you are dropping the case now while this witness withdraw in Nov last year. weren’t you trying to influence our election by your politically instigated case. you are now trying to buy Kenyans credibility by telling us that you have filed a petition to drop muthaura case. Why have you been delaying his justice? muthaura should now sue you in the same Hague based court. Can you and the western nation stop interfering with Kenyans choice of their president Uhuru kenyatta.

  13. Why are we so concerned about what Bensouda says. We live in this country, we know what happened, we do not rely on the ICC for these facts, and the facts are that Kenyans killed kenyans, Kenyans raped Kenyans, Kenyans stole from Kenyans, Kenyans propagated hate towards Kenyans, Kenyans ganged up against kenyans….Bensouda and the ICC did not send anyone fleeing to IDP camps now, did they?….something is obviously very very wrong with us as a nation. Stop looking outward, throwing blame about and being escapists. We need to check ourselves deeply.

  14. The ICC prosecutor is RIGHT.

    The experience, in particular of, third world or totalitarian countries, where the rule of law is weak or non-existent and the rich & the powerful enjoy automatic immunity from the law and have coercive tentacles that corruptly influence and bend every situation in their favour. The judicial system must be creative in protecting the identity of all witness until the day they are in court giving witness. The standard witness protection programme does not go far enough. More is needed.

    Naturally any and all allegations against a defendant must of course in the interest of justice be shared well in advance so that the defendant has the opportunity to prepare a proper defence BUT NEVER must they know the identity of the witness in advance so that we do not have an ICC scenario of disappearing or bribed or compromised or intimidated witnesses resulting in the termination of an otherwise credible case.

    Here in Kenya there was a report of all the witnesses against William Ruto in regard to the land grabbing of the Ngonglenana forests dying, intimidated , fearful and out rightly refusing to turn up in court thus leaving the judge/magistrate no alternative but to terminate the case. Our history is littered with media accounts of many such local examples of this terrible compromise of the judicial process that we cannot ignore the urgent need of better and effective protection of witnesses.

    Kenya has tried to restore the credibility of our judiciary so that it does not succumb to any political or social influences contrary to the rule of law and our new constitutional dispensation. And this credibility of necessity must includes the very critical and urgent need of fully protecting witnesses and their families and their identities at all times.

    Yes, the prosecutor is right. Let us not forget the victims who cannot defend themselves as their witnesses have been compromised.

  15. Good piece of news. But you forgot to mentions the ICC prosecutors name. Now I have to look for it on the internet and hope to find the right one.

  16. Oh my God! Power can easily buy freedom from justice. Families of victims had so much faith in ICC – Madam Prosecutor, you have let us down!

  17. I think the case filed against the four kenyan suspect has been crippled and bensouda must be smart and sobber in mind to realize that kenyans have full evidence pertaining the post electioon violence that erupted in 2007/2008,so the western world should stop kidding with the minds of liberal kenyanas and let them be led by their choise ,,this is aclear manifenifestation ;tha the case was just apolitical saga ,and they were only trying to dictate kenyans on to whom are they going to elect

  18. Madam Bensouda, why don’t you return to Kenya and do a proper investigation this time around devoid of political instigation and direction? Proceeding with what Ocampo left you with is a travesty of justice. You might be a good prosecutor but without hard solid evidence you ain’t got a case. Do Africa proud….DROP THE KENYAN CASES.

  19. prayer changes things. justice will prevail and the devil will be a loser. Kenya is a wonderful nation and we are praying and the gates of hell shall not prevail against the stability of our nation. If Uhuru and Muthaura were being accused why would it be that one case is dropped and not for both. If they were bribed…. that just tells you the kind of evidence is fake you have been relying on. If the suits filed are not evidence based, so why waste Uhuru;s time?

  20. Now I think you Kenyans will have more clues about what is going on in Cote d’Ivoire. A similar plot was perpetrated in that west african country to unseat the legitimate president. You will learn how nationalist and africanist Laurent Gbagbo who refused to play their game had been depicted throughoit their media like a monster tyrant clinging to power. Instead, the masters’ puppet Alasan Ouattara’s, his rival, (the like Odinga) image is continuously polished. Beside, Odinga was rushed by his white masters to go tell Laurent Gbagbo the real winner of the election to resign. Odinga was so rude to president Gbagbo that Ivorians trashed him out of their country ! Feb 19-feb28, at the hearing of the Laurent Gbagbo’s case, the shameful Bensouda used kenyans turmoils violence videos to accuse him. This woman lacks professionlism.
    Ivorians celebrated Uhuru Kenyatta’s win as if he was their own president. You might never see that on the western controlled media.
    Now Kenyans and Ivorians are tied as a community of faith. Let’s join hand and standnup against the plot looming on Uhuru K. , otherwise we will fall.

  21. Madam,youve got work to do and do it………unfortunately as you can read from the below messages there no or few chat on the VICTIMS………….thats how shameless we are, no on has a conscious, some even quoting other African despots, after they loose an election and dont want to handover power, we know how it works in Kenya and it has become the norm, we have no trust in the police, pathologists, etc…………fight the good fight, good always wins over evil….no matter how long it takes…………..evil has never worn………….unless in hell……………I wish you all the lack madam……….an african woman keeping in check african men who use power/money to suppress voices, kill life, rape and displace ppl

  22. Let Uhuru and Ruto know that not everywhere IMPUNITY and THUGGERY is allowed to reign.We need JUSTICE for the victims. Sang should be left scot free as he only was tribal on radio but Uhuru and Ruto are guilty as charged and should be incarcerated. We all know they played DIRTY to be p & dp!

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