Photo: ICC-CPI/AP/Bas Czerwinski THE Prosecutor of the ICC Fatou Bensouda is determined to prove that associates of President Uhuru and former Head of Civil Service Francis Muthaura bribed an ICC witness to recant evidence.
The revelation is contained in an ICC ruling issued yesterday by judges Kuniko Ozaki, Chile Eboe-Osuji and Robert Fremr ordering Bensouda to contact the controversial witness 4 and obtain certain materials from him. Bensouda dropped the witness earlier in the year saying he had recanted most of the evidence he had given.She also dropped charges against Muthaura saying they could no longer hold.
Bensouda claimed that "persons allegedly holding themselves out as representatives of both accused" had bribed the witness.
"The Chamber notes that despite having decided not to call witness 4 to testify, the prosecution intends to rely on his statement in order to prove its allegations of bribery," the judges said.
When dropping Muthaura's charges, Bensouda claimed that the witness told her he had accepted bribes. "There have been post confirmation developments with respect to a critical witness against Muthaura who recanted a significant part of his incriminating evidence and who admitted accepting bribes from persons allegedly holding themselves out as representatives of both accused," she said.
The judges yesterday asked Bensouda to contact the witness 4 and ask him to share the email communications from the bribery allegation period.
She was also directed to request witness 4 to provide the missing parts of his asylum application which allegedly contains a contradiction of the statement he made to the prosecution regarding his movements.
The judges rejected Uhuru's request to be provided the email accounts of witness 4 by the prosecutor. They also rejected his bid to receive other materials as a basis for challenging the findings of the confirmation decision.
Meanwhile, Eldoret-based human rights activist Ken Wafula has complained of threats by an area politician relating to his alleged dealings with the ICC.
The International Centre for Policy and Conflict yesterday asked the Director of Public Prosecutions to investigate the threats.
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