ecstacy wrote:Having observed the quality of investigations so far undertaken by the ICC Chief Prosecutor's Office in the Deputy Presidents case as well as those of F.Muthaura, Gen. Ali and H.Kosgey, I am led to believe that the likelihood of conviction in the cases for the current Deputy President and President of Kenya is diminishing by the week based on evidence alone (this is not to say any are guilty).
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Looking at the evidence alone the likelihood for conviction is very high especially for the president. Please consider what the court believed in the confirmation
1. Witness OTP-12 who confirms both that 8 million KSh was brought to Maina Njenga in prison and that the person who gave this money to Maina Njenga was sent by Mr. Kenyatta.
2.According to Witness OTP-12, in late January 2008, before the commission of the crimes in Naivasha, Maina Njenga was given another 20 million KSh, which was brought to him in prison again by Maina Diambo.
3.What needs to be established is exclusively
whether Mr. Kenyatta used the Mungiki for the purposes of the commission of the crimes. In fact, in order to attribute the crimes committed by the Mungiki to Mr. Kenyatta, it is not necessary that Mungiki members share the purpose or the motive of the suspects; quite the opposite, within the scheme of indirect co-perpetration.
4. Regardless of the party that presented it, direct evidence that is both relevant and trustworthy has a high probative value.
It follows that a single piece of direct evidence may be decisive for the Chamber's determination.
5. The Defence of Mr. Kenyatta mounted a comprehensive challenge to the credibility of Witnesses OTP-11 and OTP-12. Having carefully reviewed in detail the relevant documents, and in particular the excerpts cited during the hearing,Chamber concludes that no such extortion attempt occurred...
Do you think he will survive? This is not an ordinary court it is a victim's court. The President if he is naive to go for trial will be convicted just like his dad Jomo who was convicted on perjured evidence of one Rawson Macharia. Remember prosecution does not need to convince the kenyan public it just needs to convince two mzungu judges and it's a done deal.
I wouldn't go to such a Kangaroo court and pretend to expect justice.