11th March 2014

The Chief Prosecutor of the ICC Ms. Fatou Bensouda
P.O BOX 19519

2500 CM The Hague

Dear Fatou Bensouda



1.   Madam Prosecutor, I want the world to know that Kenyan cases before the Trial Chambers (V} a, b have no threshold to be there for trial.  They died the day witnesses started lying for case one. And for case two it died when OTP 4, OTP 11, OTP12, lied to  you.  I am in possession of serious evidence which shows that countries like France, Germany, and USA have approached you for "wider consultations" on the Kenyan cases. These countries are determined to have at least a conviction of one Kenyan in the on-going cases before the Trial Chambers.

2.   Madam Prosecutor, It has also come to my notice that the same agents who  falsified and collected  Mungiki   witnesses to nail  suspects in case 2 of  Kenya situation  have been approached to provide new breed of  Mungiki liars  from the USA Diaspora to fortify the case which hangs on technicality in the ICC court.  The travel and other logistics of Makau Mutua indicate that direction and I will update the world as the drama unfolds.

3.   Madam  Prosecutor, there are reliable and serious sources that  have confirmed to me that arrangements  are being made by your agents namely Prof. Makau Mutua and Alex Whitting to airlift USA Mungiki Diaspora liars to testify against President Uhuru Kenyatta's case. Tickets have been bought  for these same USA Mungiki liars to fly to The Hague for legal orientation. Is this true?

4.   Madam Prosecutor, reports reaching me and coming out of The Hague court confirm that there were "wider  consultations"  on Kenyan cases "with dark forces" in the  past two weeks under the cover of darkness, in hotels and restaurant lobbies in The Hague about the Kenyan cases. Do you deny such reports?  If not so why haven't you done a noble thing of terminating these cases under Article 53?  Case number one is even worse where consultations are being conducted by your office on when it should be terminated  or what should be done to compel false witnesses to testify and how do you intend to make an appeal in chamber 5 on the day it is terminated?

5.   Madam Prosecutor,  I am an investigative  journalist who follows all the working of ICC internationally and is able to tell the world the truth... Whatever moves that your office makes on these cases, God has always  provided an alternative answer to the fasade and litany of lies that  you have churned to the international  community. As an investigative journalist  I will always expose the hidden details with the help of God's strength and blessings.

6.   Madam Prosecutor, the media reports have it that you want the Kenyan AG to arrest Mungiki liars and criminals who have refused to testify against Kenyatta. These Mungiki liars are well known by your office and the forged passports they carry are with you, why can't  you just hand the names over to Interpol to handle the matter?  The questions that beg answers are: Would you have arrested these well-known international terrorists if they had testified  for you at the trial of President Uhuru Kenyatta? When  did you know about  their killing, rape and other activities? Why do you want these ones arrested when you are on an expedition mission in USA to collect more Mungiki liars? Is it because they refused to testify for the prosecution?

7.    Madam  Prosecutor, as an international  investigative  journalist and  international  whistle blower who just did a good job in telling the world that OTP4 had recanted I have no regrets of telling you that Mungiki liars will always bring the court down. It is almost 3 years since OTP4 recanted and you told the court that he was a liar. Neither you nor the court has ever written or asked for his arrest! You fear that he will blow up your cases!

8.   Madam Prosecutor, why haven't you brought OTP4 to trial and yet you were quick and keen to charge me with tempering under Article 70? Why?  I want to put it on record that I am also investigating every footstep and any movement that you make with the same intermediaries based  in USA again. The movements of Makau Mutua and  his entire group are now on international alert!  You can lie to those that have no international contacts but me I  will nail you if you bring Mungiki back to court  to testify against the suspects.

9.    Madam Prosecutor, I am aware of wider consultations on Kenyan cases with individuals including Luis Moreno Ocampo, Prof. Makau Mutua, Prof. Alex Whitting,  and Prof. Jacqueline Klopp, a Senior Political figure in Kenyan politics, Dr. Kofi Anna, and key members  of Kenyan Judiciary who masquerade as frogs in fish's pond when they are really destroying  the same pond (Kenya). The number of meetings with intermediaries  in New York and The Hague about the Kenyan cases is on record and when time comes we shall reveal to the world.

10. Madam  Prosecutor, as part  of  this  wider  conspiracy  against  Kenya, some key intermediaries close to open society Foundation are inciting local communities to protest  against government compensation for IDPs. This to portray  government as insensitive the needs of IDPs.   But I want to put it on record that termination of all Kenyan cases under  Article 53 of the Rome Statute  of 1998 is the only option  that will stop me from pressing the court and OTP from an Independent investigation under Article 112 of the Rome Statute. There is need for wider investigations in the manner  in which you have conducted  all the Kenyan cases.

11.  Madam  Prosecutor, in my widely circulated letter  to you dated 10th December 2013 I gave you (chief  Prosecutor 14 days) to act against Mungiki outlawed witnesses seeking sanctuary in the ICC in Europe (see www.africaworldmedia.com for full letter). It is a crime in Europe and on European soil to use terrorists to testify  in any court of law.  It was this defining moment that broke  the toughness of you (my African sister) on Mungiki witnesses who are not supposed to testify in European courts. Again I want  to see  if any appear  on the European soil then we battle in Brussels court on such action.

12. Madam  Prosecutor, serious crimes were committed by the OTP under Article 70 especially by the former chief  Prosecutor during his investigations in the Kenyan situation. Both cases have contaminated evidence and ICC procured witnesses. That is why the ICC Appeal Chamber has classified my application and failed declassifying it. There are many crimes and cover ups that have been committed against the Suspect.

13. Madam  Prosecutor, I have equally told  the world that  victims of the PEV of 2007-2008 will get justice when there is a fair trial with the correct people being charged with the crimes. Victims of he violence must be given a transparent verdict not a faked verdict that could create more conflict in Kenya. It is also true that crimes were committed and over 1300 people died but to convict  wrong people is like killing  the victims twice in their graves. The families of the victims and suspects have equally suffered from such actions that are condemnable in international justice mechanisms.

14. Madam Prosecutor, my heart  has never been broken by these insults from merchants of conflicts, the NGOs of Kenya that falsified evidence of these cases and collected liars from pork joints and bars of Nairobi and Eldoret on behalf of Luis Moreno Ocampo and you. To give false evidence at ICC under Article 70 is a serious offence under the Altar of international justice. To accept  false evidence under Article 70 knowingly, so as to  frame suspects is also a serious criminal offence under the Rome Statute.

15. The agony of all these manipulations and consultations that your office has embarked on is that justice has been done a blow. The Kenyan situation is currently fragile and people have seen the type of lies in both cases and it does not help ICC to continue with maneuvers to bring in witnesses from USA to nail people when the cases were bungled.

If  I am wrong time will tell!  I now want to confirm that come 12 Apri/ 2014 Africa will walk out of this nefarious, doggy, impulsive, court infected with criminality of highest order, an obnoxious OTP as far as interpretation of Rome Statute  is concerned, a court that is self-inflicting with injuries, court forever and it only those who are foolish who will return to a court where justice is selective, elusive and unfair. If I  were a suspect , I would not attend such a court that has imperial barbs that changes goal posts.

The gymnastics of this court are made worse by the double standards and by the use of intermediaries like Prof. Makau Mutua, Prof. Alex Whitting, and Prof Jacqueline Klopp who you have been entrusted with the duties of witness collection by OTP. This has endangered the lives of the suspects and victims. Remember to terminate the cases because history will judge harshly.


Thank you in advance,

Dr. David Nyekorach- Matsanga

Chairman / CEO

+447930901252 London

+254723312564 – Kenya