0304STATEMENT TO THE WORLD ON ICC.
1. On 20th March 2013 I instructed my international lawyers namely Chief Charles Taku to write to the Chief Prosecutor of ICC Fatou Bensouda to terminate all investigations proceedings against me. The same has been going on for over 1year under Fatou Bensouda since Luis Moreno Ocampo left office in 2012.
2. The reasons of seeking termination under Article 53 of the Rome Statute are now clear as she has admitted in Trial Chamber 5 that witness OTP4 whom I exposed through investigative journalism to the world was a liar and a fake and had recanted his evidence on 10th November 2010.
3. This is one year before confirmation charges against President Elect Uhuru Kenyatta and Francis Kirimi Muthaura commenced in September 2011(attached copy). The OTP has now told the world another lie that it was during their review that they found an error when the evidence I have shown points to witness OTP 4’s lawyers writing to OTP office in October 2010 about the matter.
4. Again on 29th March 2013 through my lawyer I filed a motion or an application to the Appeals Chamber 5 of the ICC seeking a reconsideration and review of the judgment which was made in July 2012 by Appeal Chamber 5 regarding the Disqualification of the Chief Prosecutor’s Office from any further investigation and the setting up of an independent inquiry into the conduct of the Chief Prosecutor as regards the handling of all Kenyan cases.
STATEMENT OF FACTS.
5. Given the current distortion and dishonesty by OTP, I would now like to shed light through this statement to the world and to answer those who have recently phoned me regarding my role in the Kenyan ICC situation. The Plethora of inept social media comments written on face book and other social media by some few international malcontents and the daily insults that I have endured on this journey while exposing the rot in the OTP of the ICC have forced me to speak out.
6. I did all these ventures to safe guard ICC integrity as Temple of International Justice in the world.
7. Because of the daily psychological torture and constant bombardment of hate mails from those who have always wanted to malign President – Elect of Kenya Uhuru Kenyatta and his Deputy m President Elect William Rut, I have been forced to reveal and lay facts about the rot in the OTP- for the world to know.
8. I want to make it clear from the beginning that I have respect of ICC as court , I am not opposed to ICC as an institution but I am totally opposed to the conduct of the OTP and their continued comedy of perjury even when it is clear that procedures of acquiring evidence in the Kenyan cases were flawed.
9. Worse still I am shocked about the continued blackmailing theory fronted by the OTP that people were bribing, liquidating, intimidating, tampering with witnesses when it is clear from the evidence that I gave to the OTP investigators on 12th and 13th April 2012 in Nairobi that witnesses were coached and induced by some key Kenyan individuals from well-known NGOs.
10. The use of skewed methods and political expediency like the one used by current Chief Prosecutor Fatou Bensouda forced OTP to invoke Article 15 of the Rome Statute pre-maturely. This triggered a series of blunders right from the start. Under the pressure from the Chief Mediator of the Kenyan crisis Dr. Kofi Annan “a secrete envelope” was flown out of Kenya without of the envelope. This action killed “complementrity status that ICC”.
11. I want to state for the benefit of those prostituting my name worldwide, that investigate journalism is a rare type of journalism that comes with many risks like the one I undertook to expose OTP on witness (OTP4). One dreads in places where only Angels step or walk. One step on those who want to use international immunity like Louis Moreno Ocampo and Fatou Bensouda to escape international inquiry and scrutiny of how they conduct affairs of OTP and how they handled the investigations in the Kenyan ICC situation.
12. Malcolm X said and I quote” If we don’t stand for something, we may fall for nothing” I am prepared to stand for the truth and justice and for transparency to prevail on both sides of the Kenyan cases (suspects and victims) of 2007-2008 PEV in Kenya. It would be a very grave mistake for us as a humanity to allow the OTP to simply say that it was “an error” and “oversight” when Kenyan families on both sides have been hurt by their actions and they demand answers.
13. As a whistle blower, I under took this task 8 years ago during the first case in Africa that was referred to ICC by my country (Uganda). The climax of my investigative journalism came in 2008 on the Kenyan cases when it emerged that the OTP had used intermediaries and other very serious flaws in collecting evidence against the 6 Kenyans suspects of the ICC (Uhuru Kenyatta, Muthaura, Kosgey, William Ruto, Hussen Ali, and Arap sang)
14. The manner in which OTP ( the former Chief Prosecutor Louis Moreno Ocampo and the current Chief Prosecutor Fatou Bensouda ) bungled , corrupted the Kenyan cases , the inept legal behavior exhibited by OTP, the shoddy dealings with NGOs in Kenya, the corroded and faked evidence, the flawed procedure of evidence collection, and the politically infected methods used by the OTP to investigate these cases, left me with no option as an investigative journalist but stand up to be counted by history as one African who burst the web of deceit and litany of lies by the (OTP).
15. I am prepared to die for the truth, I am prepared to go to prison for the 5 years if the trial finds me guilty of violating Article 70 as per the Rome Statute of which I was a formidable force and lobbyist for its inception in Rome in 1998. If I have ever committed any acts of intimidation, liquidation, bribery, and witness tampering against the Kenyan witnesses as suggested by OTP when initiating Article 70 of the statute against me I am to pay for such a price as a Christian and father of 8 grown ups in the world.
16. Let the OTP bring that evidence and table it in an open court and I will answer to the summons and defend each step I took in exposing the Kenyan fiasco. The Chief Prosecutor Fatou Bensouda continues to make political statements about witness No.4 (OTP4) and commits more perjury so as to whip international motions for the failures of the OTP in the Kenyan cases.
17. Yet deep in her heart and as a staunch Moslem sister by faith she actually knows that I was not a party and never have I ever been a party to bribery, intimidation, or any acts that obstructs international justice. It is sad, prudish, and sardonic for the OTP to turn the entire Kenyan situation into a political charade and comedy of lies when over 1300 people died and their families need answers and reparations.
18. I have no regrets or apologies to make to any institution in the world for my investigative role in pursuing and exposing the rot that exists in the OTP of the ICC for the sake of humanity and for those who will seek international justice in future. I am very confident that some other people will help me on this journey.
a. I have concrete evidence that shows corruption, bribery inducement of
witnesses by ICC investigators through several NGOs handiwork in Kenya took place. I will prove in court there are those individuals that I can’t name here because of the Court orders politically manipulated the ICC investigations in Kenya.
b. I have evidence that shows that some witnesses asked for money from suspects in African cases and switched sides when such offers were turned down. I will not publish this evidence until the court gives me direction as per my application.
c. I have evidence that several favors and incentives were done for Louis Moreno Ocampo by political opponents of Kenyan suspects in return for investigating and jailing Kenyan suspects and many African suspects.
d. I have evidence that political deals were cut by OTP Louis Moreno Ocampo when he said PNU 3 and ODM 3 suspects to keep ICC floating in the legal and political world. The crime did not have party lines but he erred in doing so.
e. I have evidence to show that OTP was relying on Kenyan political intermediaries who are opponents of the suspects to incriminate the accused and these people still work with ICC to finish the remaining suspects that are before the trial.
19. I am ready for a trial anywhere in the world to expose the fallacy of ICC.
It is also fact that I have never sat down face to face ( physically), met any of the Kenyan suspects to be paid, never discussed any witnesses with suspects, or ever been recruited by any suspect, induced by any suspect, directed by any suspect , contracted by Uhuru Kenyatta, Muthaura, William Ruto, Arap sang or those who were acquitted before like Kosgey and Ali to either investigate on their behalf or kill witnesses .
20. I embarked on this tough task with the Grace of God and passion for African patriotism to expose toxins of rotten imperialism that are littered on the continent by such agencies like ICC. I will never rest until I get an “Independent international commission of inquiry” on how such a court that is custodian of international justice hires political opponents of President Elect and Deputy President- elect of Kenya to train investigators who came to Kenya in 2007- 2008 to identify evidence that is now before court of ICC.
21. It is a fact that from Chief Prosecutor Fatou Bensouda’s submissions to the Trial Chamber 5 , during the two status conferences, Article 70 of the Rome Statute was last year in April 2012 used to “Silence me” or “ as a cover up to avoid perjury proceeding against them in the same court .
22. The OTP knew that (OTP4) had no protection order from the court and never existed and should not have brought his evidence in case No2 of President –elect Uhuru Kenyatta.
23. Despite all the available data that OTP4 was “a runaway train” they went on in September 2011 at The Hague to heap lies 169 times during confirmation charges. The entire world heard Moreno Ocampo recite OTP4 as the hinge for the case against Uhuru Kenyatta.
24. Given all the above I therefore want to notify the President of ICC that if
he does not constitute an Independent Inquiry as per the Rome Statute within 21 days of this media briefing I will move to lodge another application of PERJURY CHARGES AGAINST , THE PRE- TRIAL CHAMBER 2
PRESIDING JUDGE ,MR. LOUIS MORENO OCAMPO, AND MS. FATOU BENSOUDA .
VIEW THE MOTION OF DR DAVID NYEKERACH-MATSANGA TO RECONSIDER IN PDF
Dr. David Nyekorach – Matsanga
Africa World Media Ltd. 3rd APRIL 2013 NAIROBI KENYA.
David Nyekorach- Matsanga (PhD)
Pan African Forum Ltd -Chairman/ CEO / Africa World Media Ltd- Chairman / CEO
- President Kikaya Kikwete of Tanzania( SADC)
- AU Chairperson Dr . Nkosazana Zuma.
- President Yoweri Museveni ( EAC)
- President Jacob Zuma ( South Africa)