Monday

Increasingly irrelevant ICC drops case against Uhuru Kenyatta's ally

By DAVID K. SODEINDE - CC

Against the backdrop of increasing criticism by African countries as to why only African leaders seem to be the only ones being tried for alleged "crimes against humanity", the International Criminal Court (ICC) has dropped charges against Francis Muthaura, a co-accused of Kenya's presidential election winner Uhuru Kenyatta.

Mr. Muthaura was accused of fueling violence after the 2007 election.
Lawyers for Mr. Kenyatta, who won last week's elections, said similar charges against him should now be dropped.
His trial is due to start in July.
Mr. Muthaura, a former civil service chief, was on the same side as Mr. Kenyatta during the disputed 2007 election, after which more than 1,000 people were killed and about 600,000 were left homeless.
Mr. Kenyatta is accused of organizing attacks on members of ethnic groups seen as supporting Raila Odinga against President Mwai Kibaki. President-elect Kenyatta maintains his innocence and has denied the charges.
There are strong indications that the decision to drop charges against Mr. Muthaura could have a bearing on the case against Mr. Kenyatta, who beat Mr Odinga, a distant relative of U.S. President Barack Obama and preferred choice of western leaders, in the just concluded presidential elections.
Both men (Muthaura and Kenyatta) were accused of developing a plan to get the feared Mungiki sect to attack ethnic Kalenjins, seen as supporters of Mr. Odinga in 2007.
But a key witness - like most of the so-called "witnesses" of questionable character and integrity, who had been due to testify that Mr. Muthaura had been present at a meeting where this plan was formulated, has admitted lying and taking bribes and so his evidence has been dropped.
Mr. Kenyatta's lawyers have argued that the evidence being relied on by prosecutors at the ICC is utterly flawed and as such there is no credible evidence against the newly elected Kenyan Chief Executive.
Mr. Muthaura was among six people who were originally charged by the ICC - two others, Hussein Ali and Henry Kosgey, had charges against them dropped earlier.
Mr. Kenyatta contested the March 4th election, despite being charged. He said he was innocent and vowed to clear his name in court.
He won with 50.07% of the vote, compared with the 43.31% for Mr Odinga.
Mr. Odinga is challenging the result in court, claiming it was marred by irregularities.
In 2007, he lost to Mr. Kibaki, who is now stepping down at the end of his two terms.
Mr. Kenyatta backed Mr. Kibaki during the 2007 election.
His running mate in last week's election, William Ruto, supported Mr Odinga in 2007.
Mr. Ruto is also due to stand trial at The Hague for orchestrating violence against supporters of Mr. Kibaki in 2007, but he has also strongly maintained his innocence.