dennis itumbi's letter to githu muigai over the icc saga

7/28/2019 DENNIS ITUMBI'S LETTER TO GITHU MUIGAI OVER THE ICC SAGA

1/3

Scripture Union Centre, ' "- '>2nd Floor Rm 202, Argwings Kodhek Road, Hurlingham,

PO. Box 29166 - 00100 Nairobi, . t

Cell: +254737861 093,

E-mail: [email protected]

www.chelangadvocates.com

Prof. Githu MUigai, SC

Attorney General of the Republic of Kenya

State La\\' Office

Sheri a House

Harambee A \enue

Re: DEMAND FOR INFORMATION IN RESPECT TO ARREST AND DETENTION OF

DENNIS ITUMBI PURSUANT TO ARTICLE 35 (1) (a) OF THE CONSTITUTION

OF KENYA 2010

We refer to the above matter and previous correspondences between your esteemed ofTice,

Counsel Nicholas Kaufman and Office of the Prosecutor (OTP) of the International Criminal Court

(I eC). 'vVe han: been instructed bv Dennis Itum bi ("our client") to address vou as hereunder.. ~

As you may be a\I'are, on 22,,


2/3

"the c1fice if the Prosecutor if the ICC has drawn to the a tt enri on if the AG if Kenfa jollo\ring the

complaints: hacking if email account if a person if interest t o the Office if the Prosec utor,

intimidation if Office uJ the Prosecutor \\'itnesses" (Digital Standard 161h

March 2012)

Our client maintains innocence of all the allegations against him, Our client, in a bid to seek

compensation from ICC for unlawful arrest and detention applied to the ICe's Trial Chamber IV in

the case of The Prosecutor 1', Francis Kir im i M uthaura and UhuTll MUigai Kenyatta to determine and rule

that that he was illegally arrested in the context of investigations instigated by the Office of the

Prosecutor or otherwise connected to the ICC proceedings, The OTP d enied that the arrest was at

its instigation,

The learned judges of the Trial Chamber IV rendered themsel\'es thusly:

The Chamber is not satisfied that Mr, hum bi's alleged arrest on 22 "d March 20 12 by Kenyon

outhoritiesIWS

"instigated" or othenri se reque sted by the prosec ution or any other orgonif

the Court,"(*attached)

In the circumstance therefore, you misled the public and our client that there was a complaint

against him by the OTP when there \I'as none and the police \\'ith your express instructions abused

criminal justice system and thereby liable for misfeasance in public office, If not so, the OTP is

economical with t.he trut.h, concealed mat.erial fact.s and perjured itself at the trial chamber,

In t.he circumst.ance t.herefore, 'vve are instruct.ed to demand i-om your office, which we hereby do

THAT:

I, You f urnish us wit.h copies of all t.he correspondences and complaint.s received from t.he OTP

instigating the arrest and detention of our client to enable our client take necessary legal action

including but not limited to appeal against t.he decision of the Trial Chamber IV; or

2, In the absence of such complaint, an aclmission from your office to t.hat effect, closure of our

client.'s file \I'ith an irre\'ocable undertaking t.o terminate all il1l'estigations and with

concurrence fi-om the office of Director of Public Prosecutions, possible prosecutions to this

end,

TAKE NOTICE that if you do not make good the demands herein within SEVEN (7) days hereof,

we ha\'e instructions to take necessary actions to compel your office to supply t.he informationand/ or inst.itute proceedings for unlawful arrest. and det.ent.ion against. the st.at.e and abuse of office

against you and Direct.or of CID, We have taken libert.y to coy this letter to the Director of CID

and Direct.or of Public Prosecutions,


3/3

dennis itumbi's letter to githu muigai over the icc saga

Documents