Uhuru, Muthaura ‘gave Mungiki police uniforms’

Deputy Prime Minister Uhuru Kenyatta and Cabinet Secretary Francis Muthaura spent more than Sh26 million and dressed Mungiki fighters in Administration Police uniforms to execute deadly attacks against ODM supporters in Nakuru and Naivasha, the ICC was told. (Read: Uhuru organised Kenya chaos, ICC judges told)

International Criminal Court prosecutors, at the end of their submissions aiming to tie the two and Postmaster General Hussein Ali to crime against humanity charges, said the trio was at the heart of a plan to preserve PNU’s hold on power by all means.

Prosecuting lawyer Adeboye Akingbolahan alleged that Mr Kenyatta and Mr Muthaura, who were the leaders of the ad hoc organisation that was formulated during a meeting at State House on December 30, 3007, used their influence to transport Mungiki fighters to Naivasha and Nakuru for the killer mission.

Mr Muthaura was said to have enthusiastically accepted the plan and helped to implement it.

Maj Gen Ali, the Police Commissioner, who is facing the lesser charge of being a co-perpetrator of the crimes, is said to have facilitated attacks in Nakuru and Naivasha by creating a “free-zone” for Mungiki militants to travel two towns.

Quoting several witnesses and reports including those of the National Security Intelligence Services (NSIS), Mr Akingbolahan claimed before the Pre-Trial Chamber that millions of funds were raised by Mr Kenyatta and other PNU MPs to finance the killer mission that was jointly executed by Mungiki militia and pro-PNU youths.

He claimed Mr Kenyatta appointed two other pro-PNU leader as liaison officers who were handed Sh20 million to Mungiki leaders at a meeting in Thika.

“Sh20m was given to a Mungiki leader by a PNU liaison 2, a direct subordinate of Muthaura and Kenyatta. Witness 11 said the liaison was answerable to either the two suspects depending on the nature of the issue in question,” said Mr Akingbohalan.

Another witness quoted by the prosecution claimed that Mr Kenyatta, personally, at Blue Post Hotel in Thika, gave a Mungiki leader Sh6 million and part of the money was given to a former Central Kenya MP who was to coordinated the provision of transport for the attackers to Rift Valley.

On Thursday, the prosecution alleged that Mr Kenyatta gave Sh3.3 million to Mungiki fighters to carry out attacks in Naivasha in retaliation for the killings against the Kikuyu community in Eldoret and South Rift immediately after the presidential election results were announced in late December 2007.

Prime Minister Raila Odinga, the ODM flag bearer, rejected the announcement by the now disbanded Electoral Commission of Kenya that PNU’s President Kibaki had won the elections.

On Friday, the prosecution submitted that six current and former MPs, including Mr Kenyatta, were involved in the plot to attack ODM supporters in Naivasha and Nakuru.

Mr Akingbolahan said two Kanu MPs, one of them from Nakuru, coordinated the attacks in the two towns where those with local knowledge of the residents were used to flash out Luos and other targeted groups.

He quoted a witness said that the new recruits in Thika were paid to enter the lorry and were given Sh150,000 to share among themselves.

He also said that the suspects gave more money to Mungiki leaders to ensure their continued participation in the common plan.

The prosecution said that on the third week of January 2008, Central Province MPs mobilised pro-PNU youths and told them at rallies to do something about the attacks on their kinsmen.

“Volunteers registered with the Mungiki, were paid and transported to attack locations,” said Mr Akingbohalan.

Mr Akingbolahan also claimed that Mungiki bought weapons and also received a shipment of weapons including guns and machetes just arrived from Somalia, which were distributed.

This came on the third day of the hearings for confirmation of charges brought against Mr Kenyatta, Mr Muthaura and Maj Gen Ali by ICC prosecutor arising out of the early 2008; post election violence in which 1,133 people were killed and more than 650,000 displaced from their farms.

Contribution

Mr Akingbolahan said Mr Muthaura made an “essential contribution” by throwing his weight behind the plan.

He offered the testimony of Prosecution Witness Number Four to back this claim:

“He says he was invited to the meeting along with three other Mungiki leaders. The meeting was attended by Francis Muthaura, Uhuru Kenyatta and 10 other individuals. Muthaura adopted the common plan. Then he said that our community in the Rift Valley was being finished and that we needed to revenge or retaliate. We could not stay quiet while our people were being killed. I could see he was emotional and angry. He made us feel like there was a sense of emergency.”

The prosecution team was making their principal submissions as they seek to convince judges to commit Mr Kenyatta, Mr Muthaura and Mr Ali to full trial for their alleged role in the weeks of violence that brought Kenya to the edge of civil war after the disputed 2007 presidential elections.

Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and journalist Joshua arap Sang are facing similar charges of crimes against humanity including murder, forcible transfer and persecution of civilian populations to achieve political ends.

Defence lawyers are expected to spend the next five days offering rebuttals to the prosecution case before judges retire to hand down a decision on whether the six will face trial.

The prosecution team relied heavily on NSIS reports to prove their case that high-ranking officials worked with the Mungiki militants to prepare the attacks.

Mr Akingbolahan quoted an NSIS situation report from early January 2008 which he said noted: “Pro-ODM youths are living in fear of Mungiki youth (in the Naivasha and Nakuru area). The matter has been made worse by reports of plans for attacks by Mungiki youth dressed in police uniforms.”

Citing another NSIS report from January 10 2008 he said: “The NSIS again reported Mungiki elements were meeting at Stem Hotel in Nakuru with a view to attacking ODM strongholds in Eldoret, Kericho and Kisumu.”

Mr Akingbolahan spoke of a weapon mobilisation effort by the militants facilitated from the top by government officials.