Ocampo to use police killings as evidence

ICC Chief Prosecutor Luis Moreno-Ocampo. Photo/FILE 

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Sunday, August 7  2011 at  22:00

In Summary

• Prosecutor seeks to use the information against Uhuru, Ali and Muthaura

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Extrajudicial killings carried out by police ahead of the 2007 elections and after will form part of the evidence prosecutor Luis Moreno-Ocampo will table at The Hague next month.

The evidence will be used against Deputy Prime Minister Uhuru Kenyatta, postmaster-general Hussein Ali and Civil Service head Francis Muthaura.

A list containing Mr Moreno-Ocampo’s third disclosure says that he will be seeking to link the role of the three in the chaos with the extrajudicial killings that were witnessed in the country at the time.

At the time, Mr Muthaura was the chairman of the National Security Committee and Mr Ali the police commissioner.

He will also try to link the killings to activities of the outlawed Mungiki sect, which he alleges has ties with Mr Kenyatta.

The prosecutor has until August 19 to file the document containing the charges in the cases against Mr Kenyatta, Mr Ali and Mr Muthaura.

The evidence presented to the suspects includes findings of the UN special rapporteur on extrajudicial killings, Prof Philip Aston, who was in the country in 2008 over the issue.

He also has media reports on the deaths of key Mungiki members, including leader Maina Njenga’s wife in 2008, and spokesman Gitau Njuguna in 2009.

However, the prosecutor has asked the Pre-Trial Chamber II to keep part of the evidence he has against the three confidential.

He has also asked the judges to conceal some of the evidence that he gathered against the three since March 31 when the chamber issued summonses.

Mr Moreno-Ocampo not only wants to redact the information he is going to rely on during the September 21 hearing but also wants to use anonymous summaries of witness statements.