Muthaura speaks out on his ICC 'nightmare'

Former head of public service and cabinet secretary Francis Muthaura (second right) and his legal team headed by Karim Khan (right) at a news conference at Serena hotel on March 13 2013. PHOTO / PHOEBE OKALL

What you need to know:

  • Former civil servant hopes cases against the remaining three will be dropped

Former Head of Public Service Francis Muthaura on Wednesday spoke out about the pain and anguish that his trial at The Hague caused his family, especially his elderly parents.

Speaking at a press conference about his International Criminal Court case which was dropped due to lack of evidence, Mr Muthaura said that the career-threatening charges — which saw him quit his job as head of the civil service and secretary to the Cabinet — caused him and close family members a lot of pain.

He described life during the trial as “a nightmare”.

“I thank God that we have kept faith in Him and in the truthfulness of my cause. I am especially glad that my dear mother — who is 93-years-old and my father-in-law, 91 — have lived to see this day,” he said.

This was the first time that Mr Muthaura, a career diplomat, was addressing a press conference since his case started two and a half years ago after the ICC, through then prosecutor Luis Moreno-Ocampo, named him among six Kenyans summoned to appear before the court for bearing the greatest responsibility over the post-election violence in which 1,133 people were killed and over 650,000 displaced from their homes. He was accompanied by his lawyers Karim Khan, Essa Faal and Ken Ogeto.

Mr Muthaura said he felt relieved that the truth was finally out.

The 67-year-old Muthaura quit his job — the highest post in the civil service — following pressure from civil society activists and critics who demanded that he step down until cleared. Yesterday, he described his trial at The Hague as “an injustice”.
“It is a tragedy that safeguards to prevent abuse of the ICC mechanism so clearly and so obviously failed,” Mr Muthaura said.

On Monday, ICC prosecutor Fatou Bensouda said she was withdrawing charges against Mr Muthaura-who is charged with crimes including murder, rape and forceful deportation of populations after a crucial witness was dropped by the prosecution.

Mr Muthaura said he hoped the cases against President-elect Uhuru Kenyatta his deputy William Ruto and former radio presenter Joshua Sang would also be dropped.

His lawyer, Mr Khan, who blocked journalists from asking him questions directly during the press conference at the Serena Hotel, Nairobi, explained that the ICC case against Mr Muthaura collapsed because the prosecutor realized she had no case.

“The case should not have been brought in the first place. It was heavily riddled with inconsistencies and could not have survived. We have always said this,” Mr Khan stated as he called on the civil society that supplied exhibits to the ICC to accept the court’s verdict on Mr Muthaura’s case.

He said the witness the ICC prosecutor relied on was a liar and despite claims by Ms Bensouda that the government was not cooperating with the court, Kenya had provided ICC with intelligence information which it has relied on to strengthen its cases.