By: OSCAR OKWARO
Gatundu South MP Moses Kuria has publicly admitted that he was part of a scheme that recruited fake witnesses to “fix” Deputy President William Ruto in his case at the International Criminal Court.
His allegations have received massive attention both internationally and locally.
The ICC should prosecute him under Article 70 of the Rome Statute for an “offence against the administration of justice”.
Whether or not he committed the offence with other people is not the issue.
The important thing is that he has confessed that he did it.
Since there can never be group criminal responsibility, he should be prosecuted on those grounds even as the authenticity of his claims is investigated.
The argument is that by claiming that he took part in procuring witnesses, he tampered with the process of delivering justice to both the victims and the accused, some of whom he now claims to be supporting.
Moreover, by doing so, he made a fool of the ICC.
The offences under Article 70 include “giving false testimony when under an obligation, presenting evidence that the party knows is false or forged”.
Mr Kuria confirmed that he intentionally took part in the scheme. Therefore, he is as guilty as the witnesses themselves.
The article further cautions against “corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence”.
Are these not crimes that Mr Kuria has confessed to?
The MP is criss-crossing the country in the name of prayer meetings and receiving cheers from crowds and his fellow MPs.
Witness interference is hurtful to both the victims and the accused. He insults them every time he talks about how he took part in the scheme.
There is nothing to laugh about or cheer in what Mr Kuria is saying.
Why are his peers not cautioning him against these utterances?
Why hasn’t the government, through Director of Public Prosecutions Keriako Tobiko not summoned him, as was the case with Mr Mutahi Ngunyi and Mr Johnson Muthama?
His utterances go against the very principals of national cohesion and justice.
The MP has proved that he has no moral authority to talk about the ICC issue.
He should apologise to Kenyans, the victims of the post-election violence, and the accused.