NewAddiington, Croydon Surrey 35 Brierley, C R O9 D PE n g l a n d Tel: +44793O 9OI 252 Tel: +254 723 3L2 564(Kenya) T e l : + 8 8 2 1 6 4 3 3 3 3 39 1 il.

com mail: africastrategy@hotma nga@yahoo,com dr.davidmatsa web: www.africaworldmedia.com

AFRICA OFFICE Street,Suite9 ChesterHouse,Koinange P.O. Box 27389-00100 nairobi-KENYA

TERMINATE ALLCONTAMINATED ARTICLE CASES UNDER 53 OF ROMESTATUTE AND SAVETHEIMAGE OF ICC.

DATED: 2OTH DECEMBER 2OL3
t. I want to thankthe ChiefProsecutor Ms. FatouBesounda for actingmaturelyin of ICC her statement of 19th December 2013 regarding casenumber2 of President Uhuru Kenyatta(lCG-Otl09-O2111). This is a welcomegesturefor most of us who have been procured witnesses in nothingbut the truth aboutthe liarsand ICC consistently saying guidelines of has no alternative but to stickto the both cases. The ChiefProsecutor and the lackof evidentiary thresholdin the RomeStatutegiventhe falseevidence case2. Thisshouldhavebeendone longtime ago if it had not beenfor the politicsof - the NGOs. international conflictmerchants

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I feel more saddened that it has taken 5 years for the OTPto know that the evidence in both Kenyancaseswas flawed. I must hasten to add that an adjournment for me is not my final resting point as I want all casescollapsedbecauseflawed and cooked evidence. Termination of all Kenyan cases under Article 53 of the Rome Statute of 1998 is the only option that will stop me from pressingthe court and OTPto a full trial that are pendingbeforeAppealChamber5 of lCC. on my applications

3.

This good news has come as a result of my lone ranger efforts and efforts of several other key players in the world who have supported me on this torrid journey. In my widely circulated letter to the Chief Prosecutor of 10th December 2013 | gave the chief Prosecutor 14 days to act regarding outlawed witnesses seeking sanctuary in for full letter ) lt is a crime in the ICCin Europe(see u/ww. africaworldmedia.com. Europe and on Europeansoi! to use terrorists to testify in any court of law. lt was this defining moment that broke the toughness of my sister the chief Prosecutor on Mungiki witnesseswho are not supposedto testify in Europeancourts.

4.

It must go on record that serious crlmes were committed by the OTP under Article 70 especiallyby the former chief Prosecutorduring his investigationsin the Kenyan situation. Both cases have contaminated evidence and ICC procured witnesses who

International Strategists, Lobbyists, Relations, Media,Public Analysts & Political Resolution Conflict

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shouldnot be paraded in an international peaceand court for the sakeof Kenyan unity. Dropping all the cases will keepthe faceof ICC beaming in Africa. The world must know and I speakwithout fear of any contradiction that there are two pending applications in AppealChamber 5 filed by myself (DavidNyekorachMatasanga VS Prosecutor 14th October2013and anotherone 6thNovember2013) perversion one for perjury obstruction of Justice, of Justice and the anotherone for clearing my nameandunsealing my the evidence aboutintermediaries. I gave informationto investigators on 12th and 13 April 2Ot2on how evidence was collected and Kenyans and the world must know the truth aboutthosewho collected and falsifiedevidence in a casewhere I exposed a liar witness(OTP4) JamesMaina Kabutu.Bothcases are beforethe AppealChamber 5 and the applications haveacted as a big roadblock and stopped FatouBensouda from proceeding with thesecases.

7.

Formore than 5 yearsI havetold the world that the mannerin whichwitnesses were procured by the ICC and the wiy evidencewas collected by the Former Chief Prosecutor in Kenyan cases was flawed. I havebeenbaptized names, loathed, several vilified, victimized, witch-hunted, demonized, prostituted, ridiculed, and even with deathby opponents for speaking threatened of the Kenyan suspects the truth on thesecases. Equaffy I havetold the world that victimsof the PEVof 2OO7-20O8 must get justice with the crimesthat when there is a fair trial with the correctpeoplebeingcharged have been labeled on innocent people.Victimsof the violencemust be given a verdictnot a fakedverdictthat couldcreatemore conflictin Kenya. lt is transparent alsotrue that crimeswere committedand over 1300peopledied but to convictwrong peopleis like killingthe victimstwice in their graves. Thefamilies of the victimsand that are condemnablein suffered from such actions suspects have equally justice international mechanisms. of conflicts- the My heart has never been broken by these insultsfrom merchants NGOsof Kenyathat falsifiedevidenceof these casesand collectedliars from pork joints and barsof Nairobiand Eldoret on behalfof LuisMorenoOcampo. To givefalse at ICCunderArticle 70 is a seriousoffenceunderthe Altar of international evidence justice. To accept is so asto framesuspects falseevidence underArticle70 knowingly, criminaloffenceunderthe RomeStatute. alsoa serious and reada who haveendured Lastly I want to thankmy family, my wife andchildren of rotten toxinspeddledby evil men and womenagainstme. This cultureof barrage tormentingthose who speakthe truth in Africa and the world must stop. I want to that the familiesof both victimsand suspects thank the peopleof Kenya,especially the agonyduringthesedarkyearsof falsehood. haveundergone

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My greatthanksgoesto thosein Kenya and Africawho encouraged me as a volunteer and Investigative Journalist to continuewith the search for the truth. SkyNewsformer Headof Foreign news AdrianWellswho facilitated the SkyNewscrew that camein 2OO7-2OO8 to cover the PVE crisis is thanked although they terminated my consultancy in Africabecause of my positionon Kenya. I haveno hardfeelingsincemy contributionfor the Station in Africa is known. Jeff Koinange whose TV shows provided me'witha platform since2008 to speak out for Africais muchhonoured by me. Dr. HenryGombya of TheLondon evening Postof Londonand Capital FM Radio of Kenya and rest of journalistin Kenya and world over-thanksfor covering my work on lCC. My good eldersin Kenya(whom I will personally write to) who added value to my work , the Think Tank(AfricaForum on ICC(AFI), UgandanPresidentMuseveni, Minister Dr. Ruhakana Rugunda,MinisterSamKutesa, SouthSudanFormerVicePresident Dr. Riek TenyMarchar( encouraged me to pushon with the truth) , in Britain(Baroness Ashton, JamesBraithwaite, Baroness Scotland and other MPSthat path supportedmy of exposingrotten evidence) SouthAfrica( Felix and others in foreignAffairsoffice) and in Zimbabwe President Mugabeand ( (My friend knownas EKwho encouraged me to fight for Africa),AU Chairperson Nkosanzana Zuma and Deputy Chairperson E. Mwencha, friends,my researchers in my AWM office(Fred Bukaki),well-wishers, SteveOpi my lT man-thanks)who stoodby me are thanked. Thereare special friendsin Kenya whom I am not ableto nameherefor personal reasons but playedkey role in givingme moral supportand intellectual support-you arethanked a milliontimes. Finally Madam FatouBensouda whom I havetorn to pieces because of LuisOcampo's . TheKenyan find space in your heartto forgiveme and I askyou for healing mistakesif I hatersand the socialmedia operatives are also thanked. I ask for forgiveness ANDNEW YEAR 2014 XMAS wronged anybody during thisjourney.HAPPY

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in advance Thankingyou

Yourstrutyr ffi^lUFJr.$ W NyekorachMatsansa Dr. David

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