Muthaura claims prosecutor has changed his case

By Felix Olick

KENYA: Former Head of Civil Service Francis Muthaura says the case against him at the International Criminal Court (ICC) has ‘metamorphosed’.

As a result, he wants his case referred back to Pre-Trial Chamber for reconsideration. In a new application dated On Thursday, Muthaura argues the case advanced by ICC Chief Prosecutor Fatou Bensouda bears no resemblance to either the one presented at the confirmation of charges hearing or the one confirmed. “The Pre-Trial Brief is based upon new and untested evidence obtained by the Office of the Prosecutor’s (OTP) post-confirmation. The case now advanced by OTP has undergone a metamorphosis from that confirmed by Pre-Trial Chamber in January 2012,” Muthaura’s defence counsel Karim Khan argued.

He maintained the case couldn’t stand after the prosecution withdrew the principal and only witness that linked them to the alleged State House meeting where a retaliatory attack against perceived ODM supporters was plotted.

During the Pre-Trial stage, the judges held that witness number four was present as a Mungiki representative in the State House meeting to plan retaliatory attacks against perceived ODM supporters.