A redacted brief by ICC prosecutor Fatou Bensouda has accused senior politicians and officials in President Mwai Kibaki’s government of using security agents and the Mungiki to cause violence during the 2007/2008 post-election violence.
The report names Mr Uhuru Kenyatta, who was then supporting President Kibaki’s re-election, of having funded Mungiki and pro-PNU youths to attack perceived ODM supporters in Naivasha and Nakuru.
It alleges that Mr Kenyatta gave the youths the green light to do their worst, which the youths interpreted to mean they could kill and rape.
Ms Bensouda alleges in the 69- page report released last night that Mr Kenyatta entered into an alliance with top leaders of the Mungiki, a feared criminal organisation, paying them large sums of money and promising them protection to avenge earlier attacks against perceived PNU supporters.
When the presidential election results declaring President Kibaki winner were announced in December 2007, the prosecution alleges that the accused, who include Mr Kenyatta and former head of public service Francis Muthaura, among others, formulated a plan to carry out retaliatory attacks against perceived ODM supporters. This led to the killings, forcible circumcision and rape of some of the perceived ODM supporters.
“This was to force them to abandon their attempts to overturn the announced election results,” says Ms Bensouda.
The identities of some of the victims have been hidden in the heavily redacted report.
The report focuses on the attacks carried out in Naivasha and Nakuru over five days in January. It names politicians from Naivasha, including Mr John Mututho, and from Nakuru, including Mr Manyara, as some of those who were involved in planning or executing the attacks by providing money, vehicles and other forms of support to the armed youths ferried to those areas. According to the report, some of the youths were ferried in government vehicles and were issued with guns and camouflage uniforms, besides being paid to carry out the attacks.
The report alleges that Mr Kenyatta’s ties with the Mungiki, which started in 2000, enabled him to engage the leaders of the Mungiki to stage the attacks which also included evictions and destruction of property.
The report also says the government won over the Mungiki with promises to end the extra-judicial killings targeting its members, cash payments and protection from the police. According to Ms Bensouda, President Kibaki had directed Mr Francis Muthaura, his head of the Public Service and Secretary to the Cabinet, to handle complaints from Mungiki leaders.
An agent of the then National Security and Intelligent Service, identified as Geoffrey Machira, was appointed as the contact point between the Mungiki and Mr Muthaura. Ms Bensouda says he was used to reach out to the Mungiki leaders.
The report says planning meetings were held at State House from as early as November, in which the Mungiki were assured of top level government support, with several politicians such as Mr Mututho, former Juja MP George Thuo, and the wife of former Internal Security minister John Michuki, said to have given out money to Mungiki leaders to win their support and get them to mobilise youths for attacks.