Kenya: Muthaura Tape Could Jeopardise his Case at the ICC
Lillian Tabu
The latest development in the Kenyan political front concerning the possible indictment by the ICC of six Kenyans suspected to be master minds of the 2007/2008 post election violence (that left over 1000 people killed, thousands maimed and thousands others displaced) is raising political temperatures and also serving as an eye-opener for those keen to observe justice for the victims and seek an end to impunity.
Of particular interest are events revolving around Ambassador Francis Muthaura, one of the six key suspects, who was quick to pre-empt his political enemies over what he claims as an attempt to incriminate him through some alleged university student leaders’ recent visit to his office, who happened to have tape-recorded the conversations they had with him.
According to Muthaura, the students approached him with the intention of organizing a pro-Muthaura public demonstration to protest against his inclusion in the Ocampo Six list and the consequent possible indictments. Further to that, the same students asked for financial support for the same, to fund among other things the purchase and production of printed pro-Muthaura T-shirts to be used at a rally in his Meru County backyard scheduled to be attended by his perceived political enemy Prime Minister Raila Odinga.
Muthaura, the secretary to the Kenyan cabinet and also the Head of Civil Service has since denied any intentions to support an anti-ICC demo bearing in mind the implications of this as a named suspect.
In a weekly address to the Nation hosted by the official government spokesperson Dr. Alfred Mutua, Muthaura appeared on National TV explaining how he had been 'duped' by someone who purported to have been a student leader. Interestingly, Muthaura gave out what he referred to as 'good money' obviously admitting it was not a little sum, apparently for 'lunch' to the students.
Consequently, the journalists in attendance caught him between a rock and a hard place demanding an explanation as to why he gave out cash after pointing out that he had objected to their plans.
“I gave the person a substantial amount of money. This we do when we meet students either for lunch or fare,” Mr. Muthaura said declining to state the amount given.
He further said that he was aware that the man taped the conversation which has been edited in a manner to put him in ‘bad light.’
The recorded conversation is already in circulation and politicians allied to the Prime Minister claim the PM is well aware of its contents. Apart from matters regarding the anti-ICC demo, Muthaura allegedly gives instructions to disrupt Raila Odinga's planned rally in the tape.
In another segment, the same voice goes on to ask if articles can be written in the papers supporting Muthaura as a very humble man but without criticizing the International Criminal Court.
The authenticity of the tape has not yet been verified but it is worthwhile to note that Muthaura has acknowledged and has not denied the fact that an audio-recording of his voice is circulating but has insisted that the same has been edited to portray him in bad light.
Muthaura and company must have either forgotten or are unapologetically ignorant on the instructions given to them by the ICC Chief prosecutor Louis Moreno Ocampo in relation to their conduct during this period preceding the ruling of the Pre-trial Chamber on whether they have cases to answer for crimes against humanity.
It is self-incriminating for a suspect to appear to be engaged in or support activities aimed at interfering with ICC investigations. Efforts to scuttle the ICC process in Kenya are a sure way of showing that the suspects are guilty as charged and the fear accompanying the threat of possible imprisonment evidently sends panic to suspects leading them to engage in whatever plans to save their faces.
Kenyans can only hope that the UN Security Council, the ICC and the International family are closely following the unfolding events at home and will rightly assist the victims of the post-election violence in seeking justice.
As Moreno Ocampo correctly puts it, ‘Kenya should be an example in the fight to end impunity to the rest of Africa and beyond.’