Muthaura accuses Ocampo of mischief over chaos link

Civil Service head Francis Muthaura reacted angrily to Chief Prosecutor Luis Moreno Ocampo’s statement that he was among the six key suspects, terming it “manifest nonsense.”

“The suggestion that I have done anything to warrant criminal investigation is manifest nonsense.

It amounts to an unwarranted slur on my reputation and is both unfair and unjustified,” Mr Muthaura told a hurriedly convened press conference at his Harambee House office.

He read mischief in the verdict, wondering why the International Criminal Court (ICC) chief prosecutor had never bothered to contact him for his side of the story.

“The prosecutor has a clear duty under the Rome Statute to investigate incriminatory and exonerating circumstances equally. Despite this he has not contacted me or sought an account from me. He has not even tried.

“To issue summons for a person to appear, the Pre-Trial Chamber of the ICC needs to be satisfied that there are reasonable grounds to believe that the person for whom the summons is requested committed the crime alleged.

No such judicial determination has been made. None,” said Mr Muthaura added, flanked by government spokesman Dr Alfred Mutua, President Kibaki’s advisor on the constitution Prof Kivutha Kibwana and a senior secretary at the Cabinet Office, Sam Mwale.

He said he was innocent, but promised to surrender to the ICC if indicted by the Pre-Trial Chambers. “I wait to see what the Judiciary of the ICC make of the prosecutor’s application. Hopefully they will dismiss his application,” he stated.

The civil service head declared that he would continue discharging his duties as the country’s top most civil servant and that he would not be distracted by Wednesday’s developments at The Hague.

Sources revealed that Mr Muthaura had met President Kibaki at Harambee House earlier in the day but it was not clear what was discussed.

The President left his office a few minutes to 1.pm.