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.