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Scripture Union Centre,

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2nd Floor Rm 202, Argwings Kodhek Road, Hurlingham,

PO. Box 29166 - 00100 Nairobi,

Cell: +254737861 093,

.

t

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

(IeC). 'vVe han: been instructed

bv . Dennis Itum bi ("our client") to address vou as hereunder.

~

As you may be a\I'are, on 22,,<1March 2012, our client \Ias arrested

and unla"full;

detained

for

unreasonably

long period of time Il'ithout access to counsel and family by CID officers, During the

detention,

the said state agents \I'ithout a \I'arrant,

~

searched our client's hom(' and confiscated

his

tools

of trade,

more

particularl;',

his personal

computer

and

unLmfully

accessed

hi,

correspondences

and information,

therehy \iolating his right to pri,acy,

He Ilouidiater

be released

without charges. <..

 

During the unc:onscionabl;'

unlall'ful detention,

our client was not unegui\oc:ally

informed

the

reason(s)

for the arrest.

The eID officers simply gave an ambiguous

reason of "disturbing"

ICe

witnesses.

Along this line, our client was interrogated

about

IeC witnesses,

hacking of email

accounts of IeC witnesses and possession of materials on Ice.

When our client was released from custody, the police explained that he would be released pending

the complainant

Mr. Louis Moreno

Ocampo,

the erst\\hile

statement.

He or his ,ucc("ssor is yet to rlTord a statement.

prosecutor

of the IeC recording

a

It' then became clear to our client that the reason for his arrest \\as at the Lwlwst of the Office of the

Prosecutor

of the ICC through

informed the public that:

\'our office. Immediately

before

our client'"

arrest,

YOU hac!

"the c1fice if the Prosecutor if the ICC has drawn to the attenrion if the AG if Kenfa jollo\ring

the

complaints: hacking

if email account if a person if interest to the Office if the Prosecutor,

intimidation

if Office uJ the Prosecutor \\'itnesses" (Digital Standard 16 1h 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 Kirimi Muthaura 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 denied 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, humbi's

alleged arrest on

22"d March 2012 by Kenyon

outhorities IWS "instigated" or othenrise requested by the prosecution or any

(*attached)

other orgon if the Court,"

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

THAT:

t.herefore,

'vve are instruct.ed to demand £i-om your office, which we hereby do

I, You furnish 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

concurrence

end,

fi-om the office of Director

of Public Prosecutions,

all il1l'estigations

and with

possible prosecutions

to this

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 information

and/ 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

and Direct.or of Public Prosecutions,

of CID