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Public Annex F ICC-01/09-02/11-65-AnxF 21-04-2011 1/3 CB PT Public Annex F allAfrica.com: Kenya: Why Muthaura is an ICC Suspect http://allafrica.com/stories/printable/201012200236ICC-01/09-02/11-65-AnxF 21-04-2011 2/3 CB.html PT HOME Kenya: Why Muthaura is an ICC Suspect Emeka-Mayaka and Peter Leftie 18 December 2010 Nairobi — The naming of Public Service chief Francis Muthaura in connection to the post-election violence dealt a body blow to President Kibaki and threw his inner circle into deep soul-searching. Mr Muthaura is a confidant of the President, a key pillar and probably the most influential civil servant around the presidency. Indeed, the President is said to have persuaded Mr Muthaura to stay on when he indicated he wanted to retire about three years ago. This relationship explains why Mr Muthaura is informally referred to as the power behind the throne, something he has always fought to disassociate himself with. Arguments are emerging that Mr Muthaura may have taken a bullet probably aimed at his bosses. This is said to have triggered a series of meetings-- some convened by MPs from the greater Meru region in a Cabinet minister's home -- to express solidarity with him and control any damage. Tellingly, a special Cabinet meeting convened to discuss the matter before the names were released resolved that Kenya will set a special tribunal to try the violence suspects. And immediately ICC chief prosecutor Luis Moreno-Ocampo made the announcement naming Mr Muthaura among the six main suspects, President Kibaki issued a statement saying it was premature for those named to step aside because they remain innocent until proved guilty. This was reiterated by Prime Minister Raila Odinga a day later, when he told Parliament that none of the public officials would leave office, implying that ministers Uhuru Kenyatta and Henry Kosgey, Muthaura and Postmaster General Maj-Gen (Rtd) Hussein Ali would stay put. He said that only after summons had been issued would they be asked to step aside. Such swift defence of public officers has been uncharacteristic of the two principals when handling corruption accusations levelled against top government officials. His duties Their special relationship notwithstanding, President Kibaki may just be forced to let go, given the nature of Mr Muthaura's job and the difficulties he is set to encounter as he goes about discharging his duties in light of the tough conditions the ICC has slapped on the six suspects. As secretary to the Cabinet, Mr Muthaura attends and takes minutes of meetings and is therefore privy to all government secrets, including matters relating to the ICC. As the head of the National Security Advisory Committee, Mr Muthaura's role includes monitoring and advising the Cabinet Security Committee and the President, keeping threats to security under constant review, designing and preparing a national security strategy and contingency plans. He is also charged with guiding and directing provincial and district security and intelligence committees in dealing with issues posing threats to law and order, and reviewing the effectiveness of security agencies in consultation with existing machinery. These committees are chaired by provincial commissioners and district commissioners and include provincial police officers, some of whom are waiting to give evidence before the ICC. For a man whose hallmark is deeds and not words, it was surprising that he could be included in the list of those suspected to bear the greatest responsibility for the wave of violence that rocked the country following the last General Election. Granted, Mr Muthaura had almost single-handedly planned and executed the hurried swearing-in of President Kibaki at dusk on that eventful December 30, 2007, immediately sparking a wave of violent protests in ODM strongholds. But that action could not constitute the greatest responsibility for the massacre that followed, his sympathisers argue. "It is very clear that Meru was one of the most peaceful parts of the country during the violence, unlike areas like Kisumu. Why have they not named somebody from that area, only for them to pick a hard-working son of Meru?" MP Silas Ruteere protested at a press conference. Mr Muthaura came out strongly to defend his record in public service terming the ICC allegations "manifest nonsense." But those who have gone through the Waki report, will not fail to see why the ICC could have found it easy to focus their investigations in the direction of the top civil servant. In its report, the Commission of Inquiry into the Post Election Violence chaired by appellate judge Philip Waki had raised a number of questions regarding Mr Muthaura's direct involvement in matters it felt were outside his docket. The commissioners wondered how, for instance, the National Security Intelligence Service (NSIS) would take the job of conducting secret opinion polls on the top three presidential 1 of 2 11/04/2011 09:32 allAfrica.com: Kenya: Why Muthaura is an ICC Suspect http://allafrica.com/stories/printable/201012200236ICC-01/09-02/11-65-AnxF 21-04-2011 3/3 CB.html PT candidates, Mwai Kibaki, Raila Odinga and Kalonzo Musyoka and forwarding the results to Mr Muthaura. "The Commission found a number of examples of activities undertaken by the NSIS as extraordinarily poor judgement, constitute partisanship on the part of a state security organ and are examples of activities that clearly fall outside the mandate of the agency," the report reads. "These included attempts to secure ECK accreditation for NSIS officers to be part of the elections process, a NSIS sponsored survey of how the 3 presidential candidates were polling prior to the elections and communicating this information to the Secretary to the Cabinet and Head of Public Service." Copyright © 2010 The Nation. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). AllAfrica - All the Time 2 of 2 11/04/2011 09:32.
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