Franics Kirimi Muthaura was born in Mariene, an Eastern Province in the Republic of Kenya on 20 October 1946. He is of Meru ethnicity. Muthaura is married and has three children.
Holding a Bachelor of Arts in Economics and Political Science and a Diploma in International Relations from the University of Nairobi, Muthaura began his career in the civil service under President Moi’s regime, where he got promoted to high profile diplomatic positions. In 1987 he became counsellor to the High Commission in London and got subsequently promoted to the position of Kenyan Ambassador to Belgium, Luxembourg and the European Community. In 1993 he moved to New York to work as Kenya’s ambassador to the Permanent Mission to the United Nations. Finally he was appointed as the head of the Public Service and Secretary to the Cabinet in 2003.
As a Chairman of the National Security and Advisory Committee he had an essential role in the coordination of intelligence and security activities. As head of Public Service, all public servants report to him.
On 30 December 2007, the Electoral Commission of Kenya declared that Mwai Kibaki, candidate for the Party of National Unity (PNU) had won the 27 December 2007 presidential election. This marked the beginning of an extremely violent conflict between the supporters of Orange Democratic Movement (ODM) and the government forces supporting the PNU, over allegations of electoral fraud.
According to the Prosecutor of the International Criminal Court (ICC), in response to William Ruto, Henry Kosgey and Joshua Sang’s planned attacks on PNU supporters, as well as to deal with protests organized by the ODM, Muthaura, together with Uhuru Muigai Kenyatta and Mohammed Hussein Ali (see “related cases”) developed and executed a plan to attack perceived ODM supporters in order to keep the PNU in power. With that aim, Kenyan Police Forces were allegedly deployed into ODM strongholds where they used excessive force against civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera (Kibera Division, Nairobi Province).
As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces, under the authority of the National Advisory Committee, of which Muthaura was the Chairman, allegedly indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera.
Furthermore, Muthaura, in his capacity as Chairman of the National Security Advisory Committee, allegedly ordered that the Kenya Police shall not interfere with the movement of pro-PNU youth, including the Mungiki. As a consequence, the pro-PNU youth attacked civilian ODM supporters by going from door to door and by setting up road blocks for intercepting vehicles, killing over 150 ODM supporters.
The contributions of Muthaura to the implementation of the common plan includes the adoption of the plan, procuring the services of the Mungiki and pro-PNU youth, providing the Mungiki and pro-PNU youth with logistical and other support, authorizing the Kenyan Police Forces to participate in some attacks and not to intervene in other attacks and authorizing the Kenyan Police Forces and the Mungiki and pro-PNU youth to implement the common plan.
The violence, according to the Prosecutor, resulted in more than 1,100 people dead, 3,500 injured, approximately 600,000 victims of forcible displacement, at least hundreds of victims of rape and sexual violence and more than 100,000 properties destroyed in six out of eight of Kenya’s provinces. Many women and girls perceived as supporting the ODM were raped.
On 15 December 2010, the Prosecutor of the ICC requested the Pre-Trial Chamber II of the ICC to issue summonses to appear for Uhuru Muigai Kenyatta, together with Francis Kirimi Muthaura and Mohammed Hussein Ali. According to the Prosecutor, there are reasonable grounds to believe that they are criminally responsible under article 25 of the Rome Statute (individual criminal responsibility) for murder, rape and other forms of sexual violence, deportation or forcible transfer, persecution on political grounds, and other inhumane acts, as crimes against humanity, pursuant to article 7 of the Rome Statute.