Maina Kabutu, ICC Star Witness No.4 – The Real story and why he counts

Witness 4, who has since been dropped by the Prosecution played a key role in confirming the case,dennisitumbi traces his journey.

Complains about him being a liar were raised by the defence, but the Prosecution during the Confirmation hearings and the chamber during its decision chose to believe him.

Bunge la Mwananch where Maina Kabutu, who has been identified as witness Number 4 by Prof. Makau Mutua, Ugandan Matsanga and Friends used to volunteer as the Attorney General of the group had this to say about the man who ICC Prosecution and Judges chose to believe – that’s Bunge La Mwananchi Press Release 23 – 03- 2012 on witness number four on ICC James Maina Kabutu

Kabutu according to his friends was a man who made his money by attending Civil Society Functions and Human Rights Organizations, who would in turn hand him the cash.

In-fact This website has obtained one video courtesy of a Local media monitoring firm that shows Kabutu together with Maina kiai and several Civil Society heads at Kileleshwa Police Station where they wanted former ECK chair and 22 commissioners to be arrested – according to evidence in your possession madam, when this witness was allegedly at Nairobi Club meeting with Ambassador Muthaura, Uhuru Kenyatta and a group of Mungiki.

Here a snap shot of one Such Press Conference, retrieved from footage that this website obtained from its Media House sources, dating back to 2008 January. Using his friends and former colleagues at Bunge la Wananchi we positively identified Kabutu on this video sited in a Press Conference criticizing Govt. together with Maina kiai, Gladwell Otieno and Ndungu Wainaina two of them were heavily involved as intermediaries for the case. This site will not specifically point him out, but he is on this frame and that tells you a lot about the kind of witnesses Ocampo was chest thumping about before the expiry of his tenure.



That’s not all. “At one time,” friends explain, Kabutu even posed as a crippled person in a Crusade hosted by an internationally renowned Evangelist. Yet this is the guy who became the Star Witness of Case one.

At the time when the Civil Society was looking for witnesses, Hassan Omar, vying for Senator in Mombasa, approached one of the women in this video – he gave her a house, since her house had been burnt in Kibera, a two – bedroomed house and she was supposed to testify against Uhuru Kenyatta.

When the woman declined she was kicked out of the house, her story is simply put, heartbreaking. The Civil Society desperate to piece up a case and seeing the grants from groups such as Dignity International slipping away began to coach some of the men who used to hand around their press Conferences and that is how Maina Kabutu came into the picture.

Things went fast, not a man to let an opportunity slip, Kabutu claimed his life was in danger and as fate would have it he was taken to Swaziland. Being Kabutu, he had to keep within his lifestyle, that of hanging around Human Rights Activist and it did not take long – he was kicked out of Swaziland. The Evidence is here;





Though the Times of Swaziland that is the source of the original story talked about USA, the man was initially flown to Mombasa on a different identity and was walked in by the then Netherlands Ambassador to Kenya, then he appeared before the Waki Commission where the first statement that was to be fundamentally different in content, dates and even events was filed.

He was then flown to the USA and the record reflected;




From then on it was a continuous comedy of errors – First ICC ignored its potential witnesses and Maina kept calling and texting friends breaching a cardinal rule of the ICC. buts that’s a story for another day. The statement he gave ICC was fake and had a lot of inconsistencies, for a man who was a star witness for a serious Court like the ICC.

Maina was the only one who knew about State House in November 2007, he was the one who allegedly heard Muthaura call Ali to create a free zone, he was the only one again who on the day Kibaki was sworn was not bothered and was busy allegedly meeting Uhuru, Muthaura and Kibaki to plan PEV, never mind no one at this point knew the scale of PEV would happen.

Maina was a form of superman he was also there at Nairobi club, which had initially said was Nairobi Safari Club along University way.

So who is this Star witness and more crucially what did he tell the court? With what he told the court he was definitely a crucial witness who could have influenced the decision of the court. This is part of what he said.

  1. corroboration of Witness 2 that a Mungiki systematic attack happened Page 54 /155
  2. Statement Primarily relates to planning by UK and Muthaura in Nairobi corroborates Witness 12 and 11 who say uniforms were distributed from State House –

3.In first statement said Chairman Ndung’u but relied on Maina Njenga, in the second he claims all decisions and powers were on Njenga – page 73/155

  1. Described hierarchy of Mungiki as composed of Maina, chairmen in regions, the chairmen are placed right under Maina Njenga – Page 76/155
  • Instructions in Mungiki given through mobile phones -Page 76/155

  • Mungiki Oath – to abide by the rules of the Kikuyu Organization and never to betray the Kikuyu Community

  • Quasi Judicial system within Mungiki – Maina Diambo was in charge of semi militia that killed defectors -79/155

  • Weapons Management System and certain members given training in use of weapons

  • Witness recieved Special Training in Military Skills

  • Mungiki provides basic services to Slums


    1. IN NOV.2007 the first Contacts were made between Mungiki and Gvt. – Including State House meeting
  • Extra Judicial Killings stopped in . due to an agreement between Mungiki and Gvt, Mungiki openly allowed to conduct their rituals

  • 13.26th Nov 2007 – Kibaki, Uhuru and Muthaura met Mungiki at State House – 108/155

    1. Claims to have been at State House – page 108/155
  • Kibaki promised Jobs in the Army for Mungiki – 110/155

  • During Waki Witness 4 did not talk of Uhuru being at State House – 110/155 (In their ruling the Judges said the witness merely omitted Kenyatta’s name)

  • On 11/155 the Judges say of Witness 4 ” The Chamber considers the alleged inconsistencies do not impair the reliability of the witness’ account”

  • 3rd Jan 2008 – Saitoti, Muthaura and Uhuru attended meeting 122/155 Free Zone was created in this meeting

  • Muthaura spoke in Kikuyu

  • 20.The Commission of Crimes was planned and only awaited the order by Muthaura/ Kenyatta – 136/155

    In short he was the crucial man in confirming Planning, systematic planning, financing and eventually the real commission of crimes he was the Principal witness, with the Prosecution withdrawing him, they are actually admitting the confirmation was based on the evidence of a con man, a fraudster and a liar – The matter is in court, in judicial fairness i Leave it to the ICC Judges, but that is the story.

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