DPP set to expedite chaos cases

By Cyrus Ombati

Director of Public Prosecutions (DPP) Keriako Tobiko plans to appoint a team of special prosecutors to handle the over 5,000 pending post-election violence cases.

Tobiko said he plans to hire the services of prosecutors of international repute to work with a multi-agency taskforce set up in February to review all the cases.

The team of experts will include top local and foreign lawyers who will work with the agency that draws its membership from all departments in the criminal justice system.

In recruiting the prosecutors, Tobiko will seek the input of Law Society of Kenya, International Criminal Court (ICC) and International Crimes Tribunal for Rwanda (ICTR) to identify persons with required competence and integrity. Tobiko said ICC should not be viewed as a foreign judicial system, noting that its role is complimentary and a court of last resort. "ICC is already domesticated and localised by International Crimes Act as well as the Constitution. Consequently, the question of Kenya pulling out of ICC should not arise at all. ICC is already part of the judicial system and therefore Kenya must continue as it has been doing to fully cooperate with ICC," he said.

The DPP has already formalised the operations of the agency chaired by Ms Dorcas Oduor, a senior prosecuting counsel, through a Gazette Notice dated April 18.

The agency has a six-month mandate to re-evaluate all files and recommend prosecution or other dispute resolution mechanisms like reconciliation, restitution and reparation.

The agency will also review all reports and publications related to 2007/2008 violence, including the report of the Commission of Inquiry into the Post-Election Violence, commonly referred to as Waki Report and Kenya National Commission on Human Rights report and recommend implementation.

periodic reports

It has power to cooperate and affiliate with other institutions, including ICC, which is currently trying four Kenyan suspects.

The task force was appointed to re-evaluate post-election violence cases and ascertain whether additional suspects should be charged in connection with the chaos. The team is expected to conduct countrywide review, re-evaluation and re-examination of the cases pending before court or those under investigation, guide the police on further investigations and undertake prosecution where appropriate, recommend to Government how the cases can be expeditiously disposed of and make periodic reports to the DPP.

The task force has representatives from the police, Justice ministry, Attorney General’s office, Witness Protection Agency and the Directorate of Public Prosecutions.

Deputy Prime Minister Uhuru Kenyatta and former Head of Civil Service Francis Muthaura are facing charges at ICC over the 2007/2008 post-election violence. Other suspects are Eldoret North MP William Ruto and and radio presenter Joshua arap Sang.

The decision to form the team followed President Kibaki’s statement while commenting on the decision by ICC to commit four Kenyans to full trial. He said the country now has a robust and reformed judicial system.

The team will also look into concluded cases, review judicial decisions on the post-election violence with a view to ascertaining whether additional suspects should be investigated.