The Prosecutor v. Kenyatta
Allegations & Charges
Kenyatta and members of the Mungiki (a criminal organization) allegedly developed and executed a common plan to attack perceived ODM supporters in order to keep the Party of National Unity (PNU) in power in the 2007-2008 elections. In executing the common plan, the ICC Office of the Prosecutor (OTP) alleges that Muthuara facilitated meetings with Kenyatta and members of the Mungiki in order to prepare widespread attacks against civilians perceived to support ODM, and to instruct Kenyan Police Forces not to interfere with the movement of pro-PNU and Mungiki members. Muthuara allegedly helped to facilitate post-election attacks by providing transportation, funding, weapons, and logistical support to the direct perpetrators. As Chairman of the National Security Committee, and with support from Ali (former Police Commissioner and member of the National Security Committee), Muthuara allegedly further ensured the attackers’ safe travel across Kenya, ensured that police did not interfere with their travel, and ensured that attackers were not punished after the attacks.
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The Accused is alleged to have committed the crimes listed below as an individual, jointly with another or through another person under Article 25(3)(a) of the Rome Statute.
Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:
Murder (Crime against Humanity): Article 7(1)(a)
Forcible Transfer (Crime against Humanity): Article 7(1)(d)
Rape (Crime against Humanity): Article 7(1)(g)
Persecution (Crime against Humanity): Article 7(1)(h)
Other Inhumane Acts (Crime against Humanity): Article 7(1)(k)
Pre-Trial Chamber II issued a public summons for Muthaura on March 8, 2011. Charges were confirmed by Pre-Trial Chamber II on January 23, 2012. However, the Office of the Prosecutor withdrew charges against Muthaura on March 11, 2013.
- Initial Appearance : April 8, 2011
Decision on the confirmation of chargesConfirmation of Charges : January 23, 2012
Decision on the withdrawal of chargesWithdrawal of Charges : March 11, 2013