Up to 3 or even more witnesses out of the 12 ICC prosecutor Fatou Bensouda relied on have withdrawn their testimonies against President Uhuru Kenyatta of Kenya.
Witnesses Number 2, 9, and 10 were among the 12 witnesses the office of the prosecutor has been relying on besides witness No 4, James Maina Kabutu,
Throughout the past three years, Strategic Intelligence has admonished the ICC cases against key Kenyans including president elect Uhuru Kenyatta.
The withdrawal from the prosecution team of ICC Prosecutor Fatou Bensouda of 4 key witnesses including the key witness, James Maina Kabutu quantifies the particular aspect of null credibility.
Strategic Intelligence Key Points
Intelligence gathered by Strategic Intelligence OSINIT verifies that USA and British intelligence and legal experts are aware that the ICC witnesses relied by the prosecutor to prosecute the Kenyans are not credible.
Intelligence shows that the ICC Prosecuto’rs office does not conduct verifiable and a credible investigation rather relies on 3rd party sources particularly NGO’s to build a case.
The withdrawal from the prosecution’s witness team happened between August and December 2012 but the office of the prosecutor has kept away the information.
Intelligence shows that the OTP policy is a narrower approach than the Rome Statute that focuses its investigative and prosecutorial energies on senior-level perpetrators of crimes within its jurisdiction.
OTP does not the evaluate the credibility of information that NGOsand individuals are increasingly submitting as evidence of war crimes, crimes against humanity or genocide a factor that has poked the credibility of the OTP and the Kenyan case.
On the Kenyatta et-al cases, Strategic Intelligence confirms ICC OTP did not conduct a preliminary examination and analytical assessment of the credibility and reliability of the sources of information volunteered by individuals in Kenya, Human rights activists, NGO’s and members of gangs that participated in the 2007-2008 violence in Kenya.
Strategic Intelligence Analysis
The Office of the ICC Prosecutor will find itself in a very precarious situation in the court as it seeks to explain how it came up with incredible witnesses.
How did Moreno Ocampo come up with these witnesses is a question that will continue to discredit the ICC process besides quantify
OTP will be compelled to drop the Kenyatta case or voluntarily drop it before more witnesses recant their testimonies.
There is unverified intelligence that 8 witnesses against Uhuru Kenyatta have recanted their testimonies and have written to the OTP stating their desire to stop cooperating with the ICC.
These events at the Hague only verify that ICC OTP is facing challenges in investigations and prosecution.
David Goldman
Intelligence Briefs
History repeat itself. During the pre-independence period, a western stooge known as Lawson Macharia gave evidence which he knew was false against Jomo Kenyatta. Macharia later had to confess and apologised to the Kenyatta family. The Uhuru case at the Hague attracted more Macharia and when they realise they had been exposed, they recanted their statements which left Bensouda holding a valueless file on her hands.
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