Five in Fatou Bensouda dossier deny claims

Four politicians and a senior civil servant named as the alleged accomplices of President Kenyatta in the 2007/8 post-election violence on Thursday threatened to sue ICC Prosecutor Fatou Bensouda for defamation.

Former Assistant minister Mwangi Kiunjuri and former MPs John Mututho (now Nacada chairman), David Manyara and Jayne Kihara denied playing a role in the retaliatory killings that formed the basis of the crimes against humanity charges against President Kenyatta and Deputy President William Ruto.

Secretary to the Cabinet Francis Kimemia called the allegations baseless and shameful.

Businessman Bildad Kagai similarly denied any role in the post-election violence, saying he was surprised by the ICC dossier.

Mr Manyara claimed that he was offered Sh200 million to testify against President Kenyatta but refused. They were named in a Pre-Trial brief released on Monday by Ms Bensouda on the orders of the Trial Chamber judges.

David Manyara, former Nakuru Town MP

Ms Bensouda is getting back at me because I refused to become a prosecution witness even after they offered to pay me Sh200 million to fabricate stories against the President.

They even tried to bribe me to change sides. I was always accompanied by my lawyers and the same was communicated to President Kenyatta’s lawyer, Mr Steven Kay, since I was a defence witness.

They claim that I was distributing guns and yet I have never touched any weapon. I am a boxer and my hands are my only weapon.

Bildad Kagai, businessman

It is unfortunate that the prosecutor has accused me of bribing witnesses. On the bribery allegation, it is not possible to bribe someone for allegations that would only come into play three years later.

I could not have foreseen how the future would unfold.

On the allegation of tracking a witness, Mr James Maina Kabutu was my friend even before the ICC process started. I did not need to track him.

The prosecutor tried to interview me and I agreed to meet her team. But she never contacted me again after that.

John Mututho, former Naivasha MP

What Bensouda is trying to do is to please (her predecessor Luis Moreno) Ocampo.

Mr Ocampo knows that he never interviewed me or the then Naivasha OCPD, (Willy) Lugusa. How can you investigate a crime of such magnitude without interviewing the people who were there?

Is it not a standard practice in criminal justice to do so?

If she wants to know the truth about what happened in Naivasha at that time, let her come and interview me or OCPD Lugusa. If Bensouda is unable to, she should let others do it.

Mwangi Kiunjuri, former Laikipia East MP

Bensouda has been dragging people’s names through the mud for a long time. This clearly show she has no respect for others. And now that the case has been thrown out by the judges, she needs to be careful and stop mudslinging.

From the names she has given, it shows clearly that the ICC has no evidence on the post-election violence cases.

It appears her business was to name anybody they perceived to be close or to have worked with Uhuru. These are just kicks of a dying horse. It proves that she was misled by Ocampo.

Francis Kimemia, Secretary to Cabinet

These allegations are baseless, shameful, odious, malicious, libelous and defamatory statements. They have been repeated in the  six past years so as to sound and mimic the truth.

I am shocked that anybody  would release such lies to the whole world without following the cardinal principle of fairness and natural justice.

I was not a Deputy PS nor was I in the security docket. I didn’t have any association with any criminal gang. And I never visited State House as was alleged by the prosecutor.