The Star (Nairobi)

Kenya: ICC Expert to Examine Uhuru, Mungiki Link

ICC Prosecutor Fatou Bensouda intends to call an expert witness to analyse the link between Mungiki and two Kenyans accused of crimes against humanity - deputy Prime Minister Uhuru Kenyatta and former Cabinet Secretary Francis Muthaura.

Among the proposed instructions to Prof Herve Maupeu, a French socio-political scientist, is to help the trial judges understand what the relationship between the Mungiki and leaders from the Kikuyu community has been in the past.

"Prior to September 2007, and in particular during previous election cycles, what, if at all, was the relationship between the Kikuyu political establishment and the Mungiki?," reads part of the instructions.

The ICC prosecution has accused Uhuru and Muthaura of using the outlawed gang to execute revenge attacks against pro-ODM supporters in the Rift Valley.

The prosecution says Uhuru spent Sh3.3 billion to fund the mobilisations and transportation of the Mungiki while Muthaura was instrumental in supplying the criminal gang with police uniforms.

Maupeu is also to give an analysis of the "root causes" of the violence that rocked Kenya after the 2007 elections and in particular in the Rift Valley.

He is also to give his opinion on whether particular individuals, criminal gangs, non-State militias or individuals affiliated with political parties played any role in the violence.

The defence has challenged the impartiality of Maupeu and stated that the fact that he is francophone presents an added difficulty for them, because they cannot properly assess his suitability as an expert.

Bensouda intends to call three experts with the other two being Lars Bromley, an American satellite imagery expert and Elisabeth Kaiser, a post-traumatic stress disorder expert.

The prosecutor is currently preparing her final list of witnesses in the two cases and which is to be filed with the court on January 9 and shared with the defence from February 11.

The second case involves Eldoret North MP William Ruto and radio presenter Joshua Sang. The trials against the four who are accused of masterminding the post-election violence will kick of on April 10 and 11.

Uhuru will run for President in the March 4, 2013 elections with Ruto as his running mate. Should the polls fail to give and outright winner and necessitate a run-off, the second round may take place when the two suspects are at the Hague to attend the trial.

On January 9, the prosecution is also to file its list of evidence to be relied on at trial and is also required to have completed disclosure to the defence of all incriminatory material in the form of witness statements and any other material to be relied on at trial.

Last week, Bensouda disclosed to Uhuru and Ruto a total of 309 items, which contain incriminating evidence of which 218 are edited to hide the identity of witnesses. She also disclosed 25 items containing incriminating evidence to Ruto and Sang.

Next week, Bensouda is to file pre-trial brief explaining her case with reference to the evidence it intends to rely on at trial. The brief will contain, for each count, a summary of the relevant evidence of each witness to be relied on at trial .

The brief will also contain a summary of all other evidence upon which the prosecution intends to rely, and shall clearly explain how the evidence relates to the charges.

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