By Sospeter Otieno via FB
Earlier this year, ICC judges ordered Uhuru to submit his bank statements going back to the post election period, during which 1300 Kenyans were killed, thousands, displaced, and hundreds of women raped.
Now we all know that in this age, things like bank statements cannot be confidential per se. And so Bensouda has always had Uhuru’s statements, obtained through her own channels as a “hawk-eyed” prosecutor. Actually Ocampo obtained those statements. For how else does the West track who the sanctioned folks trade with? Its through their ability to track cash movements from the comfort of their capitals and wide spy networks stationed around the world.
And remember CBA was once a banker for the US Embassy in Nairobi, which is where we all paid our visa fees right? To qualify for such a privilege, you must commit yourself to certain levels of scrutiny and disclosure. What am saying is that Uhuru’s financial transactions in the last 10 years or reference period around 2007/8 period can be seen with ease by renowned sleuth agencies,like FBI, CIA, Mossad, or even the Scotland Yard.
And so ICC has always had a statement detailing Uhuru’s transactions. And so Uhuru would be in deep shit, should what his lawyers submitted vary from what has been in possession of the Prosecution for a long time, and which the judges have been showed in private/confidence. I suspect that its the court’s ability to have a reasonable suspicion to doubt the authenticity of those statements that prompted the summonses to the Hague,
So why do they want Uhuru to travel? Now as you all know perjury is a very serious crime anywhere in the world. And so if the bank statement version in possession of ICC is different from what the GoK submitted, then we are staring at a sitting head of state being accused of perjury by a highly respected and authoritative court of international repute. Uhuru’s case was doing ok, infact my expectation was that it was going to collapse. However, it has now narrowed to the legitimacy of his bank statements.
Should the overzealous/over confident lawyers have done some river-road refurbishment (ukarabati) on those statements, then Kamwana should be a very worried man.
And so his presence at trial, should be about cross-examining Mister Kenyatta(On ICC matters, he ceases to be President) so that under oath, and under the risk of perjury, have him declare that the exhibits that supposedly are his bank statements- to be the legitimate copies that are a true reflection of his bank statements. Should he blatantly lie under oath, and then the prosecution proves beyond a reasonable doubt that the contentious bank statements are fake, then this case will take a new turn.
Res Ipsa Loquitor doctrine would be very applicable on the matter of perjury as the judges may deem fit, and his credibility would be immensely dented, with the risk of an adverse judgment being entered against my beloved president. I feel like crying.
A case that was collapsing, would be revived. And then if you throw in any other evidence that may be available and having to do with “witness bribery, disappearance, murder etc”, then we are staring at a long drawn legal battle, that is greatly skewed in favor of Team Bensouda.
And Kenya may as well prepare to swear in DP Ruto to take over the reins of power in the medium term, because, if those statements were done in River road, then Uhuru is fast and quick going down under, and fast! Mizungu isnt a stupid person….this isnt Makadara Law Courts…
And so who gave Bensouda the true copies of Uhuru’s statements, if she has them? Well only one other politician who has been visiting the Hague, and who has all to gain from Uhuru’s adversarial predicament. That can only be one politician who comes in contact with Bensouda. And we all know where IG Kimaiyo’s loyalties may be (90% of the chances). And so as you can see, even without CIA, Scotland Yard, FBI or Israeli Mossad, Bensouda has enough infighting in Kenya to harvest bank statements from, within Kenya.