ADEN DUALES STATEMENT The Yebei Saga: What does the prosecutor and Mr Ken Wafula know? 1. We have learnt with great concern that Mr Meshack Yebei, who is a witness in connection with the outstanding Kenyan cases at the ICC, has disappeared and may have been murdered. The witness was listed as a defence witness scheduled to provide crucial evidence if and when hearing is required. The circumstances of his disappearance are intriguing and extremely worrying. 2.A key player in this alarming saga is Mr. Ken Wafula, a recognised and self-declared agent of the Office of the Prosecutor in recruiting witnesses. Indeed, he is on record as having publicly declared that he is the person in charge of preparing the cases art the ICC for the Prosecutor in terms of procuring witnesses. He recently announced to the world that the prosecution through him was collaborating with Mr Yebei in connection with Article 70 proceedings, dealing with witness interference. 3. The ICC has categorically stated that it is not connected in any way with Mr. Yebei, and that he is not, and has never been considered as a witness for the Prosecution. Mr. Wafula is equally categorical that Mr Yebei is a witness for the Prosecution. It is clear that the Office of the Prosecutor is speaking from both sides of its mouth and misleading the public. Why should the OTP contradict itself on such a critical matter as the disappearance and/or murder of a witness? Is there a cover up? Is the Prosecutor treating this matter as seriously as she should? 4. The conduct and pronouncements of the Prosecution in this matter leaves a great deal to be desired. On what grounds is the Prosecutor collaborating with a Defence witness? To what extent has the Office of the Prosecutor interfered with the Defence in this manner? Are there filings and official documentation to establish the Prosecutions bona fides? 5. There is ample material in Parliamentary proceedings showing that the said Mr. Wafula actively contemplated drastic action against the person of Mr Yebei. Documentary material clearly demonstrates that Mr. Wafula and his associates considered Mr. Yebei a very dangerous person and recommended that his fate be sealed completely. If indeed Mr Yebei has been eliminated, has the desire of Wafula and come to pass? If that is the case, it is very clear that Mr Wafula cannot escape answering several key questions on the matter. As a matter of fact, he is a prime suspect. We are deeply worried at this turn of events, and are interested in establishing the truth. For this reason, we urge the Director of the Criminal Investigations Department to move with prompt dispatch and conduct speedy and thorough investigations into this matter, and the role of Mr Ken Wafula in it. As always, we reiterate that justice can only be attained through a truthful, accountable process, not intrigues, conspiracies, perjury and falsehood.
Posted on: Wed, 07 Jan 2015 15:04:16 +0000
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