Bensouda wants Uhuru’s 2007 financial records

ICC Prosecutor Fatou Bensouda is seeking to prove that President Uhuru Kenyatta spent up to Sh50 million to finance the 2008 post-election violence.

This is the motivation behind the prosecutor’s new quest for Uhuru’s financial records which she accuses the Kenyan government of hiding.

As part of her case, Bensouda claims that the Sh50 million was released in instalments through three former MPs from Kiambu and Nakuru counties and former Mungiki leader Maina Njenga.

When confirming the case against Uhuru, the ICC judges said that  they do not find it necessary to entertain in detail the occurrence and purpose of the various fundraising meetings that he attended.They argued that this fact, even if accepted, has no significant bearing on the determination of the case.

However, Bensouda has insisted that the financial records are key in proving her case that Uhuru was the mastermind of the post-election violence in Naivasha and Nakuru.

“Information regarding to the Accused’s finances is directly relevant to the Prosecution’s allegation that he helped fund the violence following  the election in Kenya in 2007, and therefore is likely to assist the Chamber in adjudicating the charges against him. In the absence of this material, the Chamber’s ability to determine the truth is severely curtailed,” Bensouda said last week.

She is seeking to have Kenya sanctioned by the Assembly of State Parties for failing to cooperate. Kenya has been given until January 8 to respond to her accusations.

Uhuru face charges of murder, forceful eviction of people, rape and other sexual offences, persecution, and other inhuman acts, which were committed in Nakuru and Naivasha in retaliation against the killings in Eldoret.

“According to Witness OTP-12, in late January 2008, before the commission of the crimes in Naivasha, Maina Njenga was given another Sh20 million, which was brought to him in prison again by Maina Diambo and (name withheld), together with (name withheld) who was sent by Mr Kenyatta for that purpose,” Bensouda argues in her case against Uhuru.

According to Bensouda and her team, the money was allegedly used to transport Mungiki members from Thika to Nakuru and Naivasha, and to buy weapons.

It is upon receiving the money that the Mungiki attacked “the Luos” in Naivasha. The prosecution also says that Maina Njenga received the first instalment of Sh3 million in November while still in prison and another Sh8 million in mid-December 2007.

“Witness OTP-11 states that, around mid-December 2007, Maina Njenga was given Sh8 million from “State House”, according to the witness, from Mr Kenyatta. The witness further clarifies that out of this money, Sh2 million was supposed to be shared by the Mungiki leaders who were directly in contact with the PNU Coalition,” the prosecution argued.

When confirming the case, the Pre-Trial judges concluded there was sufficient evidence that Uhuru provided Sh3.3 million each to two former MPs to buy weapons and coordinate attacks in Nakuru and Naivasha.

“Witness OTP-11 asserts that Mr Kenyatta gave Sh3.3 million to a former MP and that part of this money was eventually used to buy guns for the attack in Nakuru. The witness further states that the former MP coordinated attacks in Nakuru under the direction of Mr Kenyatta,” the judges said then.

The prosecution is also arguing in its case that another mid-level perpetrator, a former MP from Kiambu, coordinated the Mungiki preparatory activities in Naivasha under the direction of Mr Kenyatta.

The former MP was at the alleged State House meeting attended by former President Kibaki, Uhuru and his former co-accused Francis Muthaura and was given Sh6 million by Uhuru  to mobilise and transport Mungiki members to Naivasha.

Bensouda has protested against the delay by the Kenyan government to provide the financial records leading to her latest application seeking the intervention of State Parties