Police hit dead end in efforts to verify ‘the ICC papers’
Defence and Foreign Relations Committee chairman Aden Keinan (left) consults with committee member Kiema Kilonzo (right) and clerk Julius Ariwamoi after National Security Intelligence Service Director Michael Gichangi sent an apology letter for failing to appear before the committee, March 27, 2012 at Continental House in Nairobi. File
Police have hit a dead end in their attempts to establish the authenticity of two documents sensationally tabled in Parliament last month alleging a plot to indict President Kibaki over crimes against humanity related to the 2008 post-election violence when he retires.
Police Commissioner Mathew Iteere and Criminal Investigations Department (CID) director Ndegwa Muhoro said police could not find sufficient grounds to determine whether the documents tabled by MPs Charles Kilonzo (Yatta) and Adan Duale (Dujis) were genuine or forgeries.
The police chiefs said their efforts were blocked by the Vienna Convention of 1961 to summon United Kingdom officials linked to the documents to testify.
“We are dealing with a sovereign state and as such we have no power under the Vienna Convention to summon any diplomat,” said Mr Iteere.
The MPs could also not be called to testify because of the Powers and Privileges Act of Parliament, which grants them immunity on statements made on the floor of the House.
“The chancery or any diplomatic property is inviolable. You cannot step there until you get the approval of the head of mission,” said the commissioner.
He said police were unable to interview any member of the British High Commission without the British government granting express written permission. “We cannot even access the computers with which the documents were generated let alone set foot in the Chancery without permission from Her Majesty’s government through the High Commissioner Mr Peter Tiber,” he added.
Appearing before the Defence and Foreign Relations Committee, which is investigating the controversial document, Mr Iteere and Mr Muhoro said a non-existent telephone number on one of the documents and a misspelt name of a British Foreign and Commonwealth Office (FCO) official were “insufficient evidence to declare the documents either genuine or forged.”
The MPs tabled in Parliament two documents on March 8 2012 allegedly authored by Mr Chloe Hamborg, the FCO’s team leader for the Horn of Africa, purporting to advise the ICC to detain international crimes suspects Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto when they appear for trial.
Mr Iteere revealed that another document allegedly written by Mr Edward Inglett in February to British officials alleging a similar conspiracy was found to have been written eight months after Mr Inglett left Kenya on transfer to Afghanistan.
Attorney- General Githu Muigai also appeared before the committee while National Security Intelligence Service director-general Michael Gichangi is due to meet the team this morning.
