Witness 4, who has since
been dropped by the
Prosecution played a key
role in confirming the
case,www.dennisitumbi.
com 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
http://bit.ly/OUmn6y - 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
http://www.youtube.com/
watch?v=6_
fpLfzunXw&feature=youtu.be
– 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
4. Described hierarchy of
Mungiki as composed of
Maina, chairmen in regions,
the chairmen are placed
right under Maina Njenga –
Page 76/155
5. Instructions in Mungiki
given through mobile
phones -Page 76/155
6. Mungiki Oath – to abide
by the rules of the Kikuyu
Organization and never to
betray the Kikuyu
Community
7. Quasi Judicial system
within Mungiki – Maina
Diambo was in charge of
semi militia that killed
defectors -79/155
8. Weapons Management
System and certain
members given training in
use of weapons
9. Witness recieved Special
Training in Military Skills
10. Mungiki provides basic
services to Slums
EVIDENCE
11. IN NOV.2007 the first
Contacts were made
between Mungiki and Gvt. –
Including State House
meeting
12. 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
14. Claims to have been at
State House – page 108/155
15. Kibaki promised Jobs in
the Army for Mungiki –
110/155
16. 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)
17. On 11/155 the Judges say
of Witness 4 ” The Chamber
considers the alleged
inconsistencies do not
impair the reliability of the
witness’ account”
18. 3rd Jan 2008 – Saitoti,
Muthaura and Uhuru
attended meeting 122/155
Free Zone was created in
this meeting
19. 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.
TULIA.........UFUNZWE!