Face-off: Uhuru, Ocampo lock horns in court

By Alex Ndegwa and Wahome Thuku

Deputy Prime Minister Uhuru Kenyatta put in a firm defence before the ICC Pre-Trial Chamber II judges when he faced off with Prosecutor Luis Moreno-Ocampo at The Hague on Thursday.

But the anticipated cross-examination of Uhuru by Moreno-Ocampo was a bit of an anticlimax as the prosecutor did not press him on allegations that he was involved in the actual planning and execution of reprisal attacks in Naivasha and Nakuru, claims that are at the heart of the prosecution’s case.

Addressing the judges from the witness box Uhuru, who is also Finance Minister, said during cross-examination by the prosecutor that Raila, by telling his supporters election results were being rigged, fanned tensions and then failed to use his influence to quell the violence that followed the announcement of the 2007 presidential results.

Uhuru said Raila should have gone to court to register his dissatisfaction with the outcome of the election and seek legal redress rather than call for mass protests.

In response to Moreno-Ocampo’s claim that many Kenyans have no faith in the Judiciary, Uhuru said this was not an excuse for anyone unhappy with the outcome of the 2007 elections to resort to any form of violence.

He alleged Raila was the first to link him to the Mungiki’s actions when the PM said he was in State House planning violence with the Mungiki.

However, he told the Pre-Trial Chamber judges he had no evidence Raila was criminally responsible for the violence, but insisted that the Kriegler Commission had established that there was no rigging of results at the tallying centre at the Kenyatta International Conference Centre (KICC).

The prosecutor was appearing in court for the first time since making his opening statement in the case, while Uhuru was making the rare move of being a witness in his own defence.

"I will not say that he was criminally responsible because I have had no evidence of him supplying guns. But he has political responsibility because of the inflammatory statements."

He added: "Had he used his political voice to tell his supporters to stop the violence, I don’t think it would have gotten to the level of 600,000 displaced," Uhuru said.

"Politically yes, he has responsibility. But criminally I have no evidence of him organising (for) weapons," added the DPM.

Pressed by Moreno-Ocampo to state whether other ODM leaders, including Eldoret North MP William Ruto, were involved in planning the attacks, Uhuru said he was not privy to information of prior organisation.

He, however, told the court the strong words used during the campaign and claims of vote rigging had fanned tension.

Retaliatory attacks

The Finance minister rejected claims he used the Mungiki to carry out retaliatory attacks against opposition supporters in Nakuru and Naivasha.

Uhuru denied having any links with the Mungiki. Moreno-Ocampo strove to link Uhuru with the Mungiki using excerpts from a publication by Peter Kagwanja authored in 2002, when Uhuru was then the Kanu presidential candidate against Narc’s Mwai Kibaki.

Uhuru said the attempt to tie him with Mungiki was unfounded and pointed out Kagwanja was then in the opposing camp.

Pressed by the Prosecutor why the author would link him to Mungiki Uhuru replied it was only Prof Kagwanja who could explain the basis of connecting him with the outlawed sect then.

In frustration Moreno-Ocampo remarked: "Mr Kagwanja today is working for you so it’s very complicated."

But Uhuru denied this saying Kagwanja works for PNU and he (Uhuru) is in Kanu.

Earlier, Uhuru told the court he neither participated in any meetings with the Mungiki nor attended any meetings to plan violence and he had no evidence that some members of ODM were involved in distributing weapons for the violence or planning the chaos.

He said, however, that statements made during the elections contributed in raising temperatures, which cause of the chaos.

Asked if he handled security matters as a minister, Uhuru responded: "The prosecutor does not understand our system. We have only one police force and the Local Government ministry does not have a security organ."

Uhuru disputed allegations that his co-accused, Head of the Civil Service Francis Muthaura could have authorised anyone to enter State House saying that could only be done either by the President or the Comptroller who reports directly to the president.

Further Uhuru trashed claims that he dished out Sh100 million in cash for the violence.

But as Ocampo pushed him further to state what he was worth and whether he could afford that kind of money, the court intervened.

Uhuru said he knew Prof Peter Kagwanja as PNU advisor but he did not know his exact role.

Uhuru said he was aware there were public announcements by Mungiki of support of his candidacy but added that he had not solicited for that support.

Uhuru told the court that Kanu publicly denounced Mungiki.

He said even when Mungiki leaders Maina Njenga and Ndura Waruingi tried to get Kanu tickets during the elections the party rejected them.

"As a party we did not want to be associated with them. We continued with campaign without their support," he said.

He denied having ever seen former Mungiki leader Ndura Waruingi on TV claiming Uhuru was a member of the sect. "But when it has come to my attention I have come out and denied it."

Covert support

In his writings on Mungiki, Prof Kagwanja claims Uhuru publicly denounced Mungiki but covertly supported them.

But Uhuru responded that he had never discussed with Kagwanja anything to do with Mungiki.

"I have no idea what his sources are, and he is best suited to say why he believes so. He did not interview me when doing the article," he said.

Moreno-Ocampo implied that Mungiki considered him a traitor hence some decided to give evidence against him. Uhuru said he had no link or association with Mungiki and had no idea why they would give false evidence against him.

Uhuru said the biggest Mungiki victims were the Kikuyu community through extortion and killings.

"I can only assume those pushing the link between me and Mungiki were doing so to cost me votes in Central Province region," he added.

He denied claims by a prosecution witness that he attended a Mungiki meeting hosted at President Kibaki’s State House in Nairobi on December 30.

It is on this day that President Kibaki was sworn in for another term and several Government officials including political party officials were present at the function, which Uhuru told the court he attended.

Meanwhile, Pre-Trial Chamber II has allowed Muthaura to attend court sessions for the confirmation of charges against him, whenever he feels strong enough to do so.

Muthaura who arrived at The Hague 10 days ago in the company of his wife and son, was given the go ahead by Pre-Trial Chamber II judge Ekaterina Trendafilova.

"Mr Muthaura you are free to go back to the hotel whenever you feel that you are not at ease," the judge said.

The Head of Civil Service’s right to be present during the whole court sessions was waived following the court’s decision to have the hearings held from 9.30am to 8.30pm from Monday.

Additional reporting by Evelyn Kwamboka at The Hague