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PRESS STATEMENT
0RUHQR2FDPSRVInvocation of my Research
Shockingly Unethical, Predatory and Careless
Prof. Peter Kagwanja
29 September 2011

On a number of occasions between 21 and 29 September 2011, the ICC Prosecutor, Mr. Moreno
Ocampo, and his team selectively cited, out of context and in a televised hearing, some of my research
published nearly a decade ago, in a manner that erroneously portrayed me as a prosecution witness"
in the on-going confirmation hearing at the Hague against Hon. Uhuru Kenyatta, the Deputy Prime
Minister of the Republic of Kenya.
!n Ocampo's 29 September 2011 cross-examination of Uhuru Kenyatta my work and name loomed
large as if it is the only incriminating evidence he holds against Mr. Kenyatta.
Furthermore, the ostentatious manner in which Mr. Ocampo invoked my work and my name before the
Court reveals malicious intent that has endangered my life and potentially jeopardized my career.
Judging by the barrage of calls I have received so far, the careless act by the ICC Prosecutor to put me
into public spotlight at this critical phase of Kenya's history is a threat to my personal security in the
context of not only the emotive nature of this case, but also its connection with the criminal
underworld.
Even more sinister was Ocampo's claim that I work for Hon. Uhuru Kenyatta while at the same time
invoking my publications in a way that sought to incriminate him. This tactic is calculated to cause
grave disaffection and irreparably damage relations with Mr. Kenyatta.
Interestingly, despite claims of extensive investigations on this case, Mr. Ocampo never contacted me
as an author to share or clarify issues raised in the cited publications. He instead proceeded to base
weighty claims on frightfully thin ice.
The prosecution cites utterly out of context two of my works on youth and the crisis of governance in
Africa published nearly a decade ago (Facing Nount Kenya or Facing Necca," published by the
prestigious Journal of African Affairs, volume 102, 2003, pages 25-49; and Power to Uhuru," African
Affairs, volume 105, No.418, 2005, pp.51-75).
As the author, none of the references made by the prosecution based on these articles is supportive of
the prosecution's effort to establish a link between Mr. Kenyatta and Mungiki. Clearly, the intellectual
objective of both publications was never to establish such a linkage. Rather, they sought to investigate
how criminal youths, as agents in their own right, manipulate politics for their own ends.
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Specifically, the prosecution refers to a 3 March 2002 Mungiki fund-raiser in Nyahururu where Mr.
Kenyatta was reportedly invited. While this reference is derived from one of the ubiquitous media
articles published by the Daily Nation and Standard, namely, Nungiki to support KANU, Saitoti and
Uhuru in poll, East African Standard, 4 March 2002, it would have helped Mr Ocampo to validate
whether Uhuru attended the said meeting. The fact of the matter is he did not!
Being academic articles on a very sensitive subject verging on security, both Facing Nount Kenya" and
Power to Uhuru," are meticulously supported by 10+ and 132 footnotes, respectively. Yet, the
prosecution opts to apply unethical and predatory interpretative tactics, projecting the view that these
articles are entirely about Mr Kenyatta's relations with Nungiki.
Ocampo's intent become manifest when he refuses to cite evidence in the articles that are exonerating
or favourable to Mr. Kenyatta, as required of his Office by the Rome statutes. For instance, the articles
document that:
x In November 2002, Uhuru publicly denied being a member of Mungiki declaring that: ! am a
catholic and so is my whole family."
x In August 2000, the sect's members accused him of being used by the government to harass
them and burned his effigy outside his father's mausoleum in Nairobi.
x During his 2002 campaign, he constantly drew attention to youth poverty, unemployment and
hopelessness as the root cause of criminality, making it his crucial agendum.
A diligent and evidence-driven investigation would have revealed the complex, well organized and
resourced nature of the Mungiki movement that is not under the thumb of the political elite, but that is
able to manipulate, extort and pursue its agenda.
Thus, the selective invocation of my work portrays a monumental case of a shamefully unethical and
predatory tactic of an unprofessional prosecution that many now fear is putting the international justice
system to ridicule.
Owing to the harm that the conduct of the Prosecution has caused me, I have instructed my attorneys
to promptly approach the court to enable me clarify the subject and context of my research as
necessary in the pursuit justice. Further, I have instructed the lawyers to explore all avenues available
for redress.
Prof. Peter Kagwanja

Africa Policy Institute, Nairobi-Kenya
29 September 2011

CC: Office of the Prosecutor, International Criminal Court, The Hague