DR MATSANGAS LETTER ON ICC TO THE EUROPEAN UNION; The Head of External Affairs of the EU Baroness Cathrine Ashton EU Headquarters Belgium Brussels 10th April 2014 Dear RE: ONE YEAR ON ICC FACTOR HAUNTS THE KENYAN NATION WITH UN LIMITED CHALLENGES CAUSED BY FLAWED INVESTIGATIONS: EUROPEAN UNION MUST STEP IN AND RESOLVE THE CASE OF ICC FLAWED INVESTIGATIONS IN KENYA. This letter is a lobby gift to the people of Kenya and the government of Kenya on the 1st anniversary of one year since its inauguration in Kasarani Kenya. It signals the new direction of investigative journalism that I will deliver for suspects and victims of the ICC shortfalls in international justice systems. I have been determined since 2008 to bring this matter to the highest level of conclusion in Europe so that ICC falls under European legal obligations of setting standards for a free and fair trial of other citizens of the world on European soil. Allow me once again to thank you for the tenacity and steadfastness you have shown while handling EU foreign affairs on behalf of Europe. The good work you have done by lifting sanctions against Zimbabwe’s 298 persons from the sanction list has emboldened democracy in that part of Africa. Kenya marks one year of Jubilee administration of President Kenyatta who was sworn in on 9th April 2013. Madam Baroness, away from Zimbabwe of which you and I have disagreed and then agree that they don’t change a regime in Africa, I would like to draw your attention to Kenyan ICC situation that could cripple another African country called Kenya which is the economic hub of East Africa and The Great Lakes Region. For more than 6 years as an Investigative Journalist, I have expressed my serious concerns about the negative impact of the ICC intervention Africa’s governance. I must hasten to add that I am not against the ICC as an institution of international justice but the flawed investigations used by the Chief Prosecutor’s office to investigate African cases. The flawed investigations in Kenyan ICC situation remains a stain on the face of international justice. Madam Baroness, as you are aware my investigative journalism blew a whistle on flawed ICC investigations in the Kenyan cases. The office of the Chief Prosecutor of ICC which is mandated by the Rome Statute of 1998 to transparently investigate all cases of crimes against humanity grossly erred on the Kenyan cases. The office of the Chief Prosecutor lied and fabricated evidence, committed high degree of perjury, and misled the entire world on witnesses who had recanted their testimonies. --------------------------------------------------------------------------------------------------------------------- This is something that needs international intervention by ordering an independent inquiry into the conduct of the Chief Prosecutors office. Perjury at the helm of international justice is a crime that is punishable in Europe by European laws. --------------------------------------------------------------------------------------------------------------------- It is this independent inquiry that has been refused by the President of the ICC Judge Hang Song who has sunk so low and hollow in his analysis of the Kenyan cases that has forced me to publicly lobby your office to bring to the notice of senior members of EU like Britain, France, Germany that have ratified the Rome statute the negative developments in The Hague based court. Madam Baroness, on Tuesday 9th April 2013 was a very significant date in the history of Kenya. It marked the day which President Uhuru Muigai Kenyatta and Deputy William Ruto who have been indicted by the ICC on fabricated testimonies and information from local intermediaries were sworn in as President and Deputy President of Kenya respectively. The world witnessed history and democracy at work in Kenya. Madam Baroness, They enjoyed popular sovereignty mandated to them by the people of Kenya through a universal suffrage, as entrenched in the Kenyan constitution of Kenya. The two International Criminal Court inductees are today at the helm of stewarding the Kenyan nation to the next phase of domestic and global development. This new development is crucial to EU foreign policy towards the entire region of Africa. Madam Baroness, it is important to shed light on the twin problem facing Kenya: The ICC flawed indictments in Kenya and Kenyan’s foreign relations with EU.I recall very well in 1998 when the labor government took power in Britain when I stood up in our first Labour Party conference and warned Britain and EU against imposing sanctions and isolating Zimbabwe. I was severely reprimanded on that matter by my boss the late Foreign Secretary of Britain Robin Cook. I have decided not as an official of the Kenyan government but in a personally capacity in my Pan African spirit to drop this note to you on Kenyan ICC dilemma. Madam Baroness, having triumphed against the charade spewed by the hazardous doom of merchants of neo-liberalism and neo-imperialism, the political situation in Kenya presents a rather dicey situation that EU might never have anticipated. The ICC gibberish mantra that was engineered by some nations in the EU and USA and echoed by international and local NGO demagogues stands at the crossroads of this country and could polarize the Kenya’s economic dream which if not corrected could spark a serious conflict in the region. Madam Baroness, the ICC flawed investigations in Kenyan cases has been reverberated by ideologically polluting local NGOs and intermediaries that doctored evidence against President Uhuru Kenyatta his Deputy and against Arap Sang who are facing unfair trial. These ICC flawed investigations found headlines on yellow press newspapers and media channels, stoked nationalistic feelings which served President Uhuru Kenyatta win and drowned the external master, together with their infantile bandwagon to core of the sea. (With a first round election victory in Kenya) Madam Baroness, the truth of the matter is that peace has returned to Kenya. The second truth is that the government of Kenya had institutionalized early warning systems and put elaborate measures to deal with elections in future. While most of the western nations especially EU member states through their intermediaries zeroed in on their conflict curve which relied heavily on intractable conflict, (war in Rift valley) the Kenya government systems were in place in the form of “whole-of-government” approach in delivering a peace in the Republic of Kenya. Madam Baroness, the verdict of Kenyan people has been out for one year today; President Uhuru Kenyatta and his deputy are the President and deputy respectively. EU must fix the problem of ICC flawed investigations in Kenyan cases so that the nation does not return to dark ages of conflict in Kenya. -------------------------------------------------------------------------------------------------- ----------------- Having relied on pseudo- NGOs who offered half-baked analysis regarding the Kenyan ICC and PEV that is stalks the leadership of President Uhuru Kenyatta, the External relations department of EU must embark of the journey of co-operation like what you did on Zimbabwe matter. Engage both the ICC and Kenyan Government to find a solution. -------------------------------------------------------------------------------------------------------------------- Some EU nations are grappling on how to strike a balance between associating with ICC duly elected President of Kenya who is also suspect at the ICC, while at the same time savoring their national strategic interests on Kenya. What is next for EU member states on flawed ICC investigations? Madam Baroness, against the backdrop of blackmail, intimidation and the full extent of mediation with muscle, it is important to recap the theatrics that the ICC has shown Kenyans to. First it started with the sending of Africa’s conflict entrepreneur Dr. Kofi Annan disguised as “African eminent persons” who brokered a mutually hurting stalemate known as the Grand coalition. Dr. Kofi Annan metrics have left little to desire as he handed “over a secret envelope” of the 2007 post election violence to the International Criminal Court, without making the two principals (Mwai Kibaki and Raila Odinga) privy to it. Madam Baroness, since the man is a well-known international conflict entrepreneur, he kept on bombarding the Grand coalition of Kenya with over domineering and overzealous demands of strict adherence to constitutional timelines, while at the same time ignoring the insurmountable challenges that are associated with coalition’s world over. He did not stop there Dr. Kofi Annan even abused the privilege of back channel negotiations and warned Kenyans against electing Uhuru Kenyatta and William Ruto who were wrongly indicted by ICC. Madam Baroness Kofi Annan while addressing BBC news in London said When you elect a leader who cannot do that, who will not be free or will not be easily received, it is not in the interest of the country and Im sure the population will understand that. That population was Kenyans and they have spoken. It is now clear, that the conflict entrepreneur is always anticipating imaginary crisis, no wonder he failed to attend President Uhuru Kenyatta’s inauguration (despite being invited) and instead wished away the ceremony by sending pseudo-congratulatory messages. Most Africans like me have refused to buy into his hysteria. Madam Baroness, next on the queue, was former USA secretary of state Hillary Clinton who during her tenure as secretary of state, trotted Africa with her ill-timed and ill-advised neo-liberal agenda (that calls for greater participation of intergovernmental organizations) to try and advance United States national strategic interests. Reading from the same manuscript she threatened dire consequences against the election of the two ICC suspects. Madam Baroness, gaff prone John Carson who has dismembered many countries in Africa was not left out either; he went on and claimed that “Kenyans must know that individuals have reputation and images built through their history and must be careful against making choices that might impact negatively on the economy of the nation and the region.” Madam Baroness, it was against this backdrop of pre-empted constitutional and international crisis that EU member states are finding themselves in a dicey situation while re-strategizing on a détente. First, it is important for EU to pursue a diplomatic path to understand that President Uhuru Kenyatta as president does not in any way pose as an immediate threat to any of western powers national security or neither does it scatter regional or international efforts of economic growth, development, peace and stability in the region. EU must review the entire ICC strategy on Kenya and preserve the future of ICC in Africa. This can only be done with an independent audit of the office of the Chief Prosecutor who bungled the Kenyan investigations. EU strategic partnership with Kenya will foster global public facets of (environmental commons, communicable diseases, international trade, international financial architecture, global knowledge for development) and in return Kenya will commit to democratic tenets such as strengthening Kenyan institutions, upholding the rule of law, coordination of national and regional security in the fight against terrorism in Somalia and the region. Such agreement by EU will thaw relations between Kenya and EU member states and in turn will reassure investors, money markets and the international community at large that Kenya is once again the hub of international development and regional stability. That is the remedy that can thaw relations between Kenya and EU given the fact that the president of Kenya (who is indicted) has immunity against prosecution under Kenyan law and constitution. Madam Baroness, I must re-emphasis that European Union country strategy paper signed in December 2007, for the period 2008-2013, is on the verge of outliving its usefulness. I have fully read the contents of such a paper and I encourage EU to maintain the same position for the good of the entire region. Therefore Kenya and the European Union should move with haste to sign a more holistic strategic agreement that will show stronger cooperation on two strands (a) Enhanced political dialogue on African issues and world issues. (b) Stronger trade and economic cooperation with the European Union like what you have done with South Africa. Thus Kenya will be second country to conclude sole strategic partnership with the European Union. This will create jobs for European Union members of which some of us belong. If President Uhuru Kenyatta and the European Union can seize the window of opportunity, they can thaw relations and participate in a multiple sum game. Madam Baroness, I suggest that in line with the various ongoing cases at the international Criminal Court, what needs to be done is a review of the Rome statute with the aim of terminating the cases under Article 16 where they have become an obstacle to peace in the region. The use of Article 16 of the Rome statute could solve the stalemate. The ICC together with those European countries that have signed the Rome Statute like France, Britain, Germany have to find a solution on how to deal with flawed ICC investigations in Kenyan cases so that the trials in The Hague do not trigger a crisis that could lead to a serious conflict among tribes in Kenya. There is urgent need to rally EU member states along the African Union call for termination of cases against sitting Presidents and Deputies. Madam Baroness, EU should support AU proposed amendment (Article 16) which failed to find support on the Agenda of the ICC review conference in Kampala in 2010. I now lobby the EU through you to find overwhelming support on the grounds that the office of the Chief Prosecutor of International Criminal Court is hampering and misconstruing development and stability in the name of dispensing justice in Africa as seen in the Kenyan case and Pierre Bemba case( in Central African Republic.) Madam Baroness, EU and international community should now focus on a proper diagnosis of conflicts in Africa and furthermore thaw relations with Kenya and Africa based on the basis of mutual understanding and global shared responsibility. The ICC trials on the new officials of Kenya could trigger conflict in Kenya if two of the high ranking officials are sent to The Hague when a country is just recovering from the tremors of closely contested elections. Madam Baroness, it is my humble duty as an African patriot who lives in European Union to point out dangers that could overburden the tax payers of European Union if a conflict erupts in Kenya and East Africa. It will be costly when EU tries to intervene in such a conflict in Kenya than resolving and correcting the mess that ICC caused via intermediaries in Kenyan situation. Madam Baroness, Deputy President of Kenya William Ruto is on trial at The Hague and yet there are serious complaints that I have tabled at the ICC courts which the President of ICC Judge Song is aware of but has failed by design or to direct for an independent inquiry into allegations labeled against the office of the Chief Prosecutor and his predecessor Luis Moreno Ocampo. --------------------------------------------------------------------------------------------------------------------- The Courts in ICC have tried to close all legal routes against anybody in the world and in Africa like me who has tried to point out such flawed investigations of ICC against President Uluru Kenyatta and others in Kenya. That is why I have extended another channel of lobby to stop another crisis erupting in Kenya. Madam Baroness, the crimes of perjury by ICC Chief Prosecutor are being and have been committed on European soil under a diplomatic convention and it is my duty as tax payer in the European Union to seek an explanation as to why the ICC should not be held acco0untable for perjury in European Union Laws. One member state in the European Union cannot allow illegality to be committed on its soil like what ICC is doing in Netherlands while EU advocates to other nations in the world to observe the rule of law and order. --------------------------------------------------------------------------------------------------------------------- This is my first point of call and I believe that you will conduct an in-depth scrutiny of my revelations that will shock you on how ICC conducted investigations in Kenyan cases. --------------------------------------------------------------------------------------------------------------------- Madam Baroness, lastly the door is closing fast on Kenya that is fighting terrorists coming from Somalia.EU member states which are signatories to ICC treaty must be informed of dire consequences if Kenyan sitting President and his Deputy continue to be on trial in The Hague on flawed and fake evidence where perjury has been committed on European Union soil by the former Chief Prosecutor, the current Chief Prosecutor, As a whistle blower on ICC flawed investigations, international investigative journalist, a Pan - African, and a resident of European Union for almost 27 years I believe that the Office of the Chief Prosecutor committed perjury on European soil and this was my first route in exhausting all political channels in Europe before embarking on a comprehensive historical legal battle either on individuals ( like Ocampo, Fatou Bensouda, and Presiding Judge) in the ICC offices or on the entire organization of ICC in Europe. I once again thank you for listening to me on Kenya as you did on Zimbabwe for 14 years. Any new conflict in Kenya will create dire consequences on the entire region given the terrorist threat that is experiencing now as results of sending Kenyan troops into Somalia. Thanking you in advance, I remain Yours truly Dr. David Nyekorach- Matsanga Chairman/ CEO - Africa World Media Limited. Chairman / CEO- Pan African Forum Limited. +447930901252- London +254723312564- Nairobi africastrategy@hotmail dr.davidmatsanga@yahoo panafricanforumltd@gmail africaworldmedia panafricanforumltd . C.C H.E President Museveni of Uganda State House Entebbe. H.E President Robert Mugabe of Zimbabwe Harare. HE President Jacob Zuma of South Africa Pretoria The AU Chair Person Dr. Nkosazana Zuma Addis Ababa. The Attorney General of Republic of Kenya Prof. Githu Muigai. The Permanent Secretary Ministry of Foreign Affairs Kenya. The President of ICC the Hague Netherlands.
Posted on: Thu, 10 Apr 2014 12:01:59 +0000
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