, NAIROBI, Kenya, Apr 17 – The Kenyan government has every reason to believe that the “leaked” documents tabled on the floor of the House, alleging a conspiracy by the UK to have President Mwai Kibaki indicted by the International Criminal Court (ICC) is fake.
Attorney General Githu Muigai, the government’s chief legal advisor, said Kenya doesn’t doubt British officials who have denied the authenticity of the dossier that was tabled by Yatta MP Charles Kilonzo and his Dujis counterpart Aden Duale.
“The Kenyan government has received representations from the government of the United Kingdom, through its Deputy Foreign Affairs Minister, that has denied that this is an authentic document emanating from any officer or any office of the United Kingdom,” he revealed.
“Therefore, that is the position that the Government of Kenya has taken as a representation of a friendly government with whom it enjoys continuing diplomatic relationships,” he added.
Muigai was speaking when he appeared before Parliament’s Defence Committee probing the authenticity of the dossier where he made it clear that he was directly working with the ICC on the issue, even though he admitted the legitimacy of the documents may never be determined.
“The chances are Mr Chairman, is that we will never know whether this document is legitimate or not… which then puts us in a situation where we’re left without the means to determine whether the contents of the dossier were contemplated or not,” he acknowledged.
“Should that then be the end of the matter? Now, from a legal point of view, I’m afraid that there isn’t much that can be done but I am engaging the ICC on this and other related issues and I would not wish to make the nature of that engagement public because it may jeopardise the outcome,” he said.
Kilonzo and Duale had been invited to appear as friends of the committee, but they both declined citing that they are protected by the Powers and Privileges Act, which guarantees MPs immunity from prosecution on any documents tabled or utterances made on the floor of the House.