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Prof. Githu MUigai, SC Attorney General State La\\' Office Sheri a House Harambee A \enue of the Republic of Kenya

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
refer to the Nicholas above Kaufman matter and previous correspondences (OTP) between to address your esteemed Criminal ofTice, Court

We

Counsel (I eC).

and Office of the Prosecutor bv Dennis .

of the International

'vVe han: been instructed

Itum bi ("our client") our client

vou as hereunder. detained During accessed for the his hi,

As you may be a\I'are, unreasonably detention, tools of long period trade, more

on 22,,<1March \I'ithout

2012,

\Ias arrested

and unla"full;

of time Il'ithout particularl;', therehy

access to counsel a \I'arrant, his \iolating searched personal

and family by CID officers, our client's and unLmfully He Ilouidiater

the said state agents ~ and information,

hom(' and confiscated

computer

correspondences without charges.

<..

his right to pri,acy,

be released

During reason(s)

the unc:onscionabl;' for the arrest. The

unlall'ful eID

detention, simply

our

client

was not IeC

unegui\oc:ally reason witnesses,

informed

the

officers

gave an ambiguous

of "disturbing" hacking

ICe

witnesses. Along this line, our client was interrogated about accounts of IeC witnesses and possession of materials on Ice.

of email

When our client was released

from custody,

the police explained

that he would prosecutor

be released

pending a

the complainant Mr. Louis Moreno Ocampo, the erst\\hile statement. He or his ,ucc("ssor is yet to rlTord a statement.

of the IeC

recording

It' then became

clear to our client that the reason \'our office.

for his arrest Immediately

\\as at the Lwlwst of the Office of the before our client'" arrest,
YOU

Prosecutor of the ICC through informed the public that:

hac!

"the c1fice complaints: intimidation Our client

if

the Prosecutor hacking

if

the ICC has drawn to the attenrion account

if

the AG
1h

if

Kenfa jollo\ring

the

if

email

if

a person

if

interest Standard him,

to the
16

Office

if

the Prosecutor,

if Office

uJ the Prosecutor \\'itnesses" (Digital of all the allegations arrest and detention

March 2012) client, in a bid to seek IV in of the was at and rule

maintains

innocence

against

Our

compensation

from ICC for unlawful

1',

applied

to the ICe's instigated

Trial Chamber to determine by the Office that the arrest

the case of The Prosecutor that that he was illegally Prosecutor or otherwise its instigation, The learned judges The Chamber outhorities (*attached) In the circumstance criminal justice
IWS

Francis Kirimi Muthaura in the context

and UhuTll MUigai Kenyatta of investigations The OTP denied

arrested connected

to the ICC proceedings,

of the Trial Chamber is not satisfied "instigated"

IV rendered humbi's

themsel\'es alleged

thusly:

that Mr,

arrest on 22"d March

2012 by Kenyon

or othenrise

requested by the prosecution

or any other orgon

if the

Court,"

therefore,

you misled

the public

and our client in public

that there office,

was a complaint instructions abused is

against him by the OTP when there system and thereby economical with t.he trut.h, concealed t.herefore,

\I'as none and the police \\'ith your express liable for misfeasance mat.erial fact.s and perjured to demand

If not so, the OTP

itself at the trial chamber, which we hereby do

In t.he circumst.ance

'vve are instruct.ed

i-om your office,

THAT:
I, You furnish instigating including 2, us wit.h copies the arrest of all t.he correspondences and complaint.s received from t.he OTP legal action

and detention

of our client to enable our client take necessary of the Trial Chamber IV; or

but not limited

to appeal against t.he decision an aclmission undertaking of Public

In the absence client.'s end, file concurrence

of such complaint, \I'ith an irre\'ocable

from your office to t.hat effect, t.o terminate Prosecutions, all possible

closure and

of our with to this

il1l'estigations prosecutions

fi-om the office of Director

TAKE NOTICE that if you do not make good the demands

we ha\'e against instructions to take necessary for unlawful of CID, actions to compel and/ or inst.itute and Direct.or proceedings

herein your

within office

SEVEN (7) days hereof,

t.he information of CID

to supply

arrest. and det.ent.ion

against. the st.at.e and abuse of office to the Director

you and Direct.or

We have taken

libert.y to coy this letter

of Public Prosecutions,