Mysterious deaths of high-profile ICC witnesses point to worrying political trend

On December 28, 2014, Meshack Yebei walked into a chemist, walked out, and vanished into thin air.

Yebei, a key witness in President William Ruto's International Criminal Court (ICC) case, was in his rural home in Turbo, Uasin Gishu County, and it was his last day to be seen alive by his village mates. His body was found three days later, deep in Tsavo National Park, which is hundreds of kilometres away from Turbo.

His killers probably hoped he would be eaten by wild animals so that the family would never see him again. The Director of Public Prosecutor, Keriako Tobiko, on January 6, 2015, ordered investigations "with the view of bringing those responsible to justice".

"Upon conclusion of the investigations, the inquiry findings should be submitted to me for perusal and appropriate action," Tobiko said.

Senator Mutula Kilonzo.

Mutula Jr was narrating how his father died.

"The fundamental question is not who, but how they managed to make him ingest more than 12 tablets of the ephedrine-laced white pellets," Kilonzo Jnr. said.

"My father's bathtub had vomit from his entire dinner."

Mutula said that the door was open, suggesting a person or persons had accessed the room earlier. His phone showed he had sent messages at about 9 pm and also read a book before resting. A container of a carbonated drink believed to have been a catalyst, which was used for the poison, was retrieved from the kitchen.

"He never took soda or carbonated drinks. My father was lying in a manner that would lead one to suspect the scene was staged," Mutula said.

"I was shown pictures of his brain. The pathologists were shocked at the excessive bleeding. In my evidence at the inquiry, I was sure it would not lead to anything meaningful."

And on Monday last week, lawyer Paul Gicheru joined the long list of mysterious deaths related to the 2007 post-election violence.

"He had a late lunch and felt unwell and went to bed, but he did not wake up," the police said.

Gicheru was a suspect at the ICC, accused of interfering with witnesses in the case against Ruto and former journalist Joshua Sang.

The lawyer surrendered to the ICC on November 2, 2020, following an arrest warrant issued on March 10, 2015, by the court. The ICC accused Gicheru of allegedly bribing witnesses in Hague cases that were dropped due to a lack of evidence.

Most of them disappeared, recanted their testimonies or refused to testify in the crimes against humanity case against Ruto and Sang.

Years back, George Thuo, a former Juja MP and Chief Whip collapsed while having drinks with friends at a club in Thika town at about 10 pm in November 2013.

Thuo was expected to be a key witness for Uhuru at The Hague and had repeatedly denied any wrongdoing after the ICC Chief Prosecutor claimed that he had attended a meeting at the Blue Post Hotel in Thika on January 27, 2008, where revenge attacks were allegedly planned for Naivasha and Nakuru.

Another victim, Senior deputy police commissioner Bernard Kimeli, was killed by unknown people at his house in Muguga Greens estate in Westlands, Nairobi in April 2011. It was alleged that PEV retaliatory meetings were held at the Kenya Police College, Kinganjo, where he was the boss.

Kimeli was stabbed several times and was found dead with his gun lying by his side.