The man at the helm of the police during the 2007 post-election violence Major (Rtd) Hussein Ali revealed that President Uhuru Kenyatta’s case collapsed when his case and that of Head of the Civil Service Francis Muthaura could not continue due to lack of evidence.
Ali who was speaking to the Standard Newspaper wondered how President Uhuru Kenyatta’s case would continue while the twp of them had been cleared for lack of evidence yet the three (PNU) cases had similar circumstances.
â€œUnder the rules of natural justice, you donâ€™t charge a person and then you go around looking for witnesses. If you do not have evidence in a court of law, it goes without saying that the cases have collapsedâ€¦they should be terminated,â€ said Ali.
â€œI found it curious that two of us â€“myself and Mr Muthauraâ€”were acquitted because of lack of evidence and yet Mr Kenyatta remained. It was only natural that the cases will be terminated,â€ added the former police boss.
Ali also said the witnesses who lied to the prosecution and wrongfully implicated Uhuru should be charged in court.
â€œPerjury is a crime. Anyone who admits to have lied to court should be charged. The said witnesses owe Kenyans an explanation about why they lied. They should not be allowed to walk free,â€ said Ali.
Bensouda revealed this week that her office did not have sufficient evidence to continue the case against President Uhuru Kenyatta owing to the withdrawal of one key witness, and another who admitted to having given false testimony.