Youth petition Kibaki over Mungiki link

A group of youth who the International Criminal Court contend attended a 2007 State House meeting as Mungiki to plan the post-election violence have petitioned President Kibaki to help clear their names March 7, 2012. FILE

A group of youth who the International Criminal Court contend attended a 2007 State House meeting as Mungiki to plan the post-election violence have petitioned President Kibaki to help clear their names.

The group met the Head of State at his Harambee House office Wednesday where they presented the petition asking that the entire Waki Report be made public.

The youth say in their petition that they were not given a chance to testify before the Waki Commission and yet the allegations that they attended the State House meetings appeared drawn from the report.

The group insist that they attended the State House meeting as members of the Kibaki Tena campaign and not as Mungiki. They added that they would be seeking all legal avenues to ensure that their names are cleared from any association with the post-election violence.

Kenya’s deputy head of Mission to Somalia Yvonne Khamati, who handed over the petition to the President, declined to talk to media and drove off after the meeting.

Speaking outside Harambee House, the group’s other representatives, Patrick Ngatia, Joseph Kioko and Evans Gor Semelang’o said that they were seeking to have their names cleared to avoid getting into trouble with the laws on integrity.

“We have a new dispensation and if this is not sorted out now, we may have ourselves been asked on the strength of Chapter Six of the Constitution as we seek leadership positions, what we were doing at the alleged Mungiki meeting at State House planning violence,” Mr Kioko said.

He added that they were focused on their names getting cleared and if this will aid in the ICC cases against Uhuru Kenyatta and Francis Muthaura, who were allegedly at the meeting, then it would be "a secondary objective".

In their petition, the group argues that the Waki Commission did not comply with the Commissions of Inquiry Act as it did not give them a chance to clear their names. They add that the Waki Commission relied on hearsay testimony that has adversely affected their reputation and character.

“The commission of inquiry into the post-election violence did not disclose the full record of the report  in violation of the law. This record included names of persons it concluded were most responsible for crimes committed during and relating to the post-election violence,” the petition reads.

In their ruling confirming charges against four Kenyans for their role in the post election violence, ICC judges said they were convinced Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and President Kibaki met Mungiki members at State House in Nairobi during a November 26, 2007 meeting.

“The evidence placed before the Chamber provides substantial grounds to believe that, following these preliminary contacts, Mr Muthaura and Mr Kenyatta directly participated in a number of meetings with Mungiki leaders.

In particular, the Chamber is satisfied that there are substantial grounds to believe that on 26 November 2007 a meeting was held at Nairobi State House between Mr Muthaura, Mr Kenyatta, Mungiki representatives, President Mwai Kibaki, and others,” the judges said in the ruling delivered on January 23, 21012.

The Pre-Trial Chamber also confirmed charges against Eldoret North MP William Ruto and radio presenter Joshua arap Sang.