He said former Police Commissioner Hussein Ali never issued an order to the police to shield Mungiki while executing attacks in Nakuru and Naivasha.
Mohamed Amin, who was the Rift Valley Provincial Criminal Officer during the 2007-2008 post-election violence, said such an order would have been unlawful and unwarranted for any officer to obey.
Ethnic composition
The witness said it would have been impractical to implement such a directive given the ethnic composition of the police in the two areas. In Nakuru, there were 638 police officers out of which only 97 were from the Kikuyu community. Naivasha had 57 Kikuyus out of 272.
In Naivasha, the Officer Commanding Police Division (OCPD), Willy Lugusa, is from the Luhya community and the court was told the other tribes could not have stood down for their tribesmen to be massacred by the Mungiki sect members.
"I would have been the last person to execute such an order. It is like telling you to take a rope and hang yourself. There is no way you can do that," Amin told Pre-Trial Chamber II judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
ICC Prosecutor Luis Moreno-Ocampo had alleged the former police commissioner received a call from Head of Civil Service Francis Muthaura not to obstruct Mungiki sect members from committing crimes in Nakuru and Naivasha.
This, the prosecution claims, led to 112 deaths, 39 reported cases of rape and five forcible circumcision cases. In Naivasha, the prosecution gave statistics as 40 deaths, four forcible circumcisions of Luo men and more than 10,000 people displaced.
The officer who has risen through the ranks since he joined the police forceâs CID department in 1989, said he would have been the "last person to execute" such an order.
"What will I tell the officers? Would I tell a Luo officer to stand aside for them to go unleash terror? How could they allow their tribesmen to be executed? It is impossible Madam President," he added.
Amin dismissed claims by the prosecution that members of the outlawed sect worked with the police during the violence.
Outrageous claim
