Francis Kirimi Muthaura

Former Head of the Public Service (and Chair of the National Security Advisory Committee) and Secretary to the Cabinet of the Republic of Kenya

Francis Kirimi Muthaura

Former Head of the Public Service (and Chair of the National Security Advisory Committee) and Secretary to the Cabinet of the Republic of Kenya

Cases

The Prosecutor v. Kenyatta

  • Allegations & Charges

      Factual Allegations

      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.

      Please visit the Court’s website for more information on The Prosecutor v. Kenyatta.

      Charges

      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)

  • Key Events

    • 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.

    • Summons to appear

      Summons to Appear Issued : March 8, 2011
    • Initial Appearance : April 8, 2011

    • Decision on the confirmation of charges

      Confirmation of Charges : January 23, 2012

    • Decision on the withdrawal of charges
      Press release

      Withdrawal of Charges : March 11, 2013