By Martin MutuaAs the ‘Ocampo Suspects’ prepare to arrive Monday from The Hague, Attorney General Amos Wako has cautioned them and their supporters against adverse comments on the cases at the International Criminal Court.
"As the judicial process before the International Criminal Court has now formally commenced, I would advise that utmost restraint be exercised by all including the parties directly or indirectly concerned against commenting on issues before the Court," he added.
Wako said in dealing with post-election violence priority must be given to the interest of the victims as well.
Addressing a news conference at the Kenyan Embassy at The Hague before leaving for Nairobi, the AG said efforts should be directed at the implementation of the new Constitution.
Urgent attention
"Similarly, I would urge that our individual and collective minds and energies as Kenyans be focused on reforms," he added.
The AG said it was crucial that the ongoing constitutional, legal and institutional reforms, including revamping the Criminal Investigations Department, are given priority.
"It is critical for success of our admissibility challenge that at the time of the hearing of such challenge, we demonstrate there are serious ongoing investigations into crimes arising out of post-election violence, and that those shown to have committed such crimes are held accountable through prosecutions," he added.
Wako also said other areas that need urgent attention include the establishment of the Police Service Commission and the Independent Police Oversight Authority. He also said appointment of the Inspector-General of Police should be given priority.
The Solicitor-General Wanjuki Muchemi, Chief Public Prosecutor Keriako Tobiko and Sir Geoffrey Nice QC and Rodney Dixon both of the English Bar representing the Kenya Government in the admissibility challenge accompanied him.
Wako said he welcomed the decision by the Pre-Trial Chamber II ruling that the prosecutor, the suspects and the victims should file their observations or responses by April 28.
He said he had directed the lawyers representing the Government to file an application for a right of reply. Wako noted that over 700 cases relating to the post-election violence have been taken to court and about 200 of such cases have been concluded.
The AG said he had been informed over 3,500 post-election violence cases are under active investigations. "I am directing the Commissioner of Police to ensure that all the investigations and such other additional cases are concluded expeditiously," he added.
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