A picture released on December 15, 2010 by the Hague-based International Criminal Court (ICC) shows a combo of the six Kenyans, named today by prosecutor Luis Moreno-Ocampo, alleged to have masterminded the 2007-08 post-election violence that claimed 1,500 lives. ICC took charge of trying key suspects in connection with what was the country's worst violence since independence in 1963, after Nairobi last year failed to set up a tribunal in line with agreements that ended the chaos. The prosecutors previously indicated that the suspects are from or linked to the two sides of Kenya's coalition government, formed after a contested presidential election and the ensuing bloodbath. First column from top : William Samoie Ruto, Henry Kiprono Kosgey, Joshua Arap Sang. Second column from top : Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Major Gemeral Mohammed Hussein Ali. AFP PHOTO / ICC
By OLIVER MATHENGE omathenge@ke.nationmedia.com AND LILLIAN ONYANGO laonyango@ke.nationmedia.com
Posted Tuesday, May 17 2011 at 22:00
Posted Tuesday, May 17 2011 at 22:00
In Summary
- State dismisses claims by prosecutor that Judicial reforms could hinder local trial of the accused
The government says it is investigating the Ocampo Six.
It has dismissed claims by International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo and post-election violence victims that police and judicial reforms in the country could hinder it from trying the six locally.
While defending its admissibility case at the ICC, the government said the elements necessary for success of its complementarity challenge to the court’s admissibility are in place, providing it with the right to investigate and prosecute.
Through lawyers Geoffrey Nice and Rodney Dixon, the government dismissed the prosecution’s assertions, terming them “not evidence-based and of little or no weight”.
The government says that Mr Moreno-Ocampo’s claims in his filing dated May 10 regarding Kenya’s request for cooperation and access to his evidence were wrong and not corroborated with proof to show that Kenyan authorities had intentions of meddling with witnesses.
“An investigation into the six suspects is under way in a country that has undergone, and is continuing to undergo, reform of police and judicial procedures that have to be accorded respect not just for what they will provide in the future but for what they guarantee now for the due process that will be brought to the investigation and to any trial of any of the six suspects,” the document reads.
The government has told the court that the investigations are being led by Commissioner of Police Mathew Iteere.
Mr Iteere has, however, never been approached by the ICC prosecutor to discover what he and his police have been doing, it added.
“Should there be any questions raised about the genuineness of this investigation which covers the six suspects, the commissioner is ready to appear before the Pre-Trial Chamber to confirm and explain the investigative work that is presently being undertaken, the background to this investigation and his commitment to investigate thoroughly all allegations to their conclusion as soon as possible,” the response reads.
It further says that Mr Iteere asserts that any evidence once provided to him concerning any of the six suspects would “be acted on immediately, objectively and dispassionately”.
Potential witnesses
According to the document, the Kenyan Criminal Investigations Department is seeking the location of potential witnesses for interviews.
“All previous inquiries that have been undertaken are being reviewed for leads and further investigative work,” says the government document.
In his argument, Mr Moreno-Ocampo expressed no confidence in the Kenyan Government’s capabilities in providing protection for the witnesses.
He also said that any information made available to the government would be used to harass both the victims and witnesses.
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