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ICC case 2: Mr Njenga Mwangi, a Nairobi prominent lawyer who celebrated Ocampo knock-out names Uhuru Kenyatta – MR President!

Posted by African Press International on October 10, 2011

By API

Mr Uhuru Kenyatta gave direct evidence to the court. And during his cross-examination by Chief Prosecutor Moreno Ocampo, Mr Kenyatta left no doubt that he knew what he was doing by taking the stand to give evidence.

He enjoyed humiliating Ocampo and forced him to seek cover and help from his juniors before he could continue his cross-examination.

Mr Ocampo may have thought that Mr Kenyatta was going to be a work-over during the cross-examination. He was wrong. He must have regretted being humiliated the way it was done. He did not manage to connect Mr Kenyatta with Mungiki and the killings.

His use of anonymous witnesses made things worse for him because two of his witnesses said to be former Mungiki turned extortionist and tried to get money from the defence. When that failed they became the prosecution witnesses. And these are the two people who Ocampo is relying on to prove his case on the connection between Mr Kenyatta and the Mungiki.

Happy with his performance like everyone else, counsel Njenga Mwangi, a prominent lawyer in Nairobi, whose career in law stretches over 25 years congratulated Mr Kenyatta calling him “Mr President – you did very well – you addressed the country!”

Click the video to watch the interview:

Many Kenyans who had come from all over Holland and some from Kenya waited  in turns to congratulate Mr Kenyatta on his bravery to take stand, giving evidence and risking cross-examination by his tormentor Mr Ocampo. It became a one on one battle and the winner was Mr Kenyatta when he forced Ocampo to cut short his cross-examination, a thing that shocked the Judges, the defence and many of his juniors present in the court at the time..

End

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uhuru kenyatta, prosecution witnesses, chief prosecutor, mungiki, and kenyata.

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2 Responses to “ICC case 2: Mr Njenga Mwangi, a Nairobi prominent lawyer who celebrated Ocampo knock-out names Uhuru Kenyatta – MR President!”

  1. Njenga Mwangi, a lawyer with 25 years experience , has determined Uhuru Kenyatta is already duly (or unduly) elected the President of the Republic of Kenya. Fine,many are supporting Uhuru for the post as he is a quick thinker, never lands face up if thrown in a political wrestling match, has guts to implement what he believes in (a chip of the old block!), and last but not the least, has at his disposal assets including landed property the size of a province, bequeathed by his father. If they were stolen, grabbed or otherwise illegally acquired, is not Uhuru’s sin. And no one is going to check if the paternal inheritance is compatible with the known sources of income of the Mzee, such as salaries and allowances, at least for now.

    All thru’ these 25 years, I think Mawangi has not been ‘an arm-chair lawyer’, but a trial lawyer in various Kenyan courts. He has never been at the Hague on business, though, I assume. It shows in his over-enthusiasm in addressing Uhuru Kenyatta, ‘Mr.President’, assuming that he was able to deflect ‘all Okambo evidence’, thereby exorcising himself of any PEV ghosts.

    By now, even not so educated ordinary Kenyans following the Hague proceedings live on tv and other media know there was no trial, as such, of the 6 Kenyans, the ICC prosecutor insists are most responsible for the 07-08 PEV atrocities. No judge asked them to plead guilty or not guilty. The whole month was consumed by something a bit alien to the likes of Mwangi, known as the confirmation of charges. Live witnesses are not a must during this phase.For example Henry Kosgei did not present any witnesses, opting to leave his defense to his lawyers.

    Uhuru, Muthaura and Ali presented witnesses that surprised none. That Prosecutor and lawyers for the victims did not present any witnesses aequally surprised none . That does not mean there is no evidence against the accused. Considering the influence and power wielded by the trio in the government, the identities of the witnesses were protected, but they were not unknown to the judges. The testimonies they submitted under oath are accessible to the court, but only redacted versions were presented.

    Unlike in ordinary court situations, witnesses who are self confessed defectors to the prosecution (or vice-versa) are not discriminated against by the ICC. Their testimonies will be accepted as long as they can satisfy the court they had volunteered to testify against their former masters out of a feeling of guilt and genuine desire for repentance. It is up to the defense to prove they are just turn-coats who felt belittled by the failure to extort money from the accused. For this, documentation, and digital foot-prints if any left by the prosecution witnesses are necessary.

    To sum up, let’s agree the real game hasn’t started. what we saw was just warming up. The judges have the final say whether all the cases or only some will go to the trial phase. This will be based on the confirmation proceedings, and bundles and bundles of evidence lodged at the court registry. Along with it, the written submissions of the defense why the cases should not be committed to trial, and of the prosecution why they should proceed to the tria phase will be considered.

    I am gratified that, irrespective of whether the judges decide either way, the Kenyan political scene will not be same again. There won’t be the usual war dances, chest thumping and abuse directed at political opponents.The eligibility for presideny won’t be limited to the circumcised, either. Never shall we hear obnoxious rhetoric questions such as, ‘Does ICC belong to his mother?’. We are in for a more serene and sober electioneering atmosphere.

    The signs of this are already discernible. Uhuru Kenyatta sneaks into the country without giving the dim-brained rabble-rousers any chance to disrupt peace at the airport. He even managed to go through the motions of embracing his nemesis, Raila whom he accused of being responsible (politically) for the PEV of 07-08 barely a week ago in the Hague. A bit more mature presentations are coming forth from the Ruto group, too.

    However it is unsettling that some quarters consider the candidature of Uhuru and Ruto a reality in 2012 even if the ICC commits their cases to the net stage. Till now, it has been just a question of the moral responsibility of the accused to step aside until they are cleared of the allegations, or of the integrity of the President allowing the three Okambo II to continue serving in powerful positions in the government.

    This will change once they have to face the prospect of facing another set of judges for the trial.The president will have to relieve Muthaura and Uhuru of their duties to safeguard his already blemished legacy. But stopping them from contesting the election will depend on the constitutional interpretation by the SC.

    What happens if the ICC rules that the accused can’t be taken to the trial court due to insufficient evidence, and directs the prosecutor to avail more compelling evidence? The accused will still be under a cloud of suspicion, and their credibility will remain unsalvaged.

    The only solace is Okambo is retiring in June, 2012 and hopefully the next prosecutor might decide to go slow on the Kenyan cases.

    But, pray, is that not wishful thinking?

    Like

    • Sir John said

      Hi. Mohan. how you feeling now that it is 2013 and Uhuru is President and Ruto his Deputy after all the brouhaha you wrote. Am proud of all Kenyans who didnt listen to opinions such as yours in the suitability of presidency of Kenyatta.

      Like

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