Muthaura did not exceed his powers, PS says
The International Criminal Court prosecution on Wednesday evening alleged that Head of Civil Service Francis Muthaura exercised powers beyond his mandate.
Prosecuting lawyer Adesola Adeboyejo, referring to media reports, submitted that Cabinet ministers James Orengo (Lands), John Michuki (Environment) and Fred Gumo (Regional Authorities Development) publicly complained that Mr Muthaura was overstepping the powers vested in his office.
Ms Adeboyejo even claimed some Cabinet ministers stated that the Civil Service boss “arrogated himself the role of the Prime Minister’’ as she cross-examined Foreign Affairs permanent secretary Thuita Mwangi. (READ: ODM turns the heat on Muthaura as PNU stays put)
“If I put it to you that some Cabinet ministers accused Mr Muthaura of arrogating himself the role of the Prime Minister, what would be your response?” she asked.
Mr Mwangi, the second witness for Mr Muthaura to take the stand at the ICC, dismissed the claims as the opinion of the respective ministers. (READ: Stage set for battle over Muthaura)
He said that the ministers were expressing their opinions.
The prosecution sought to get from Mr Mwangi his opinions on whether Mr Muthaura was usurping his powers but the defence lawyers more than three times objected and said that the witness does not have access to the document the prosecution was referring to.
During cross-examination, Mr Mwangi fought off allegations by the prosecution that the Police Commissioner Hussein Ali reported to Mr Muthaura. (READ: Party to push for Muthaura censure)
Police boss and orders
In response, the PS said that Gen Ali reported to minister for internal security and the president, adding that the police boss does not get orders from any person on operational issues.
Mr Mwangi also told the court that instructions flowed from NSAC to the PS Internal Security, Police Commissioner, NSIS boss.
The prosecution then put the PS to task on whether he was at all meetings attended by Mr Muthaura, current Internal Security PS Francis Kimemia and Mr Michuki throughout the period of post election chaos.
Mr Mwangi also dismissed claims by Ms Adeboyejo that he had ceased holding the office of Foreign Affairs PS during the one year he was out being investigated over the purchase of land for Kenya’s embassy in Tokyo, Japan.
