Investigations and Sanctions: The Muthaura Defence Presses OTP

The Muthaura defence is upset with the Prosecutor’s officer. According to an application for sanctions that the defence team filed, members of the OTP revealed names of defence witnesses to several prosecution witnesses during interviews and thus ‘put the safety and security of critical defence witnesses in jeopardy.’ According to the allegation, one such incident occurred during an interview with a prosecution witness. The interviewee suggested that an individual was a defence witness; the OTP interviewer allegedly confirmed the witness’s guess. The application further alleges that the Prosecutor failed to regulate her officers in the conduct of their duties and that the Prosecution Counsel are ‘high-handed’ in dealing with the defence. The Muthaura defence wants the court to get an explanation from the OTP as to the conduct of its officers and, if appropriate, mete out appropriate sanctions. The application also asks for a Code of Ethics to be promulgated for the Prosecutor.

The Prosecutor responded to the application, suggesting that the defence had written ‘highly charged rhetoric’ into the application. She argues that the allegations are untrue: the prosecution witnesses already knew the defence witnesses before the interview. She asks the court to dismiss the ‘misleading’ application.

Reading through the two filings (witness names are blanked out), it is easy to deduce that the Prosecution and Defence witnesses in question are alleged Mungiki members. Given that both parties’ cases rely a whole lot on who met (or did not meet) with Mungiki and the credibility of defence and prosecution Mungiki insider witnesses, it’s not surprising that things will get tetchy as the case goes on. The Prosecutor’s unsubtle remarks in her response about attempted bribery and coercion of her witnesses only add fuel to the fire. More will surely come…


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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law


Advancing the rule and role of law in Africa

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