Top lawyers and investigators from the International Criminal Court have made a fresh visit to the 2007-08 post-election violence hot spots in Eldoret, Naivasha and Nakuru. The team is carrying out further investigations into the cases against four Kenyans faced with trial at the Hague. The team led by a lawyer from West Africa has interrogated more than 100 witnesses including victims and individuals mentioned in the Waki Commission report which probed the violence.
The Office of the ICC Prosecutor Luis Moreno-Ocampo has relied heavily on the Waki Report which has details of who, when and where the violence occurred and was planned. The ICC has scheduled a status conference on June 11 and 12 at the Hague to fix the dates when the cases will be heard. Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and Kass FM radio journalist Joshua arap Sang with their lawyers are expected to appear before the Trial Chamber judges during the conference.
Among the investigating team in Kenya are two female lawyers from an East African country and Ghana respectively. Two top-notch crime investigators are involved in the latest probe in which the ICC is seeking to further strengthen the evidence it has for the poll violence cases. “I was interviewed by some foreigners who indicated that they are from the ICC and I told them what I know about the violence and how it happened,” said one of the victims who suffered injuries during the violence in Nakuru.
The team also took more photographs of the violence hots pots including the Kiambaa KAG Church where more than 30 people were burned alive during the chaos. The ICC presidency constituted Trial Chamber V and assigned jJudges Christine Van den Wyngaert (Belgium), Kuniko Ozaki (Japan) and Chile Eboe-Osuji (Nigeria) to handle the Kenyan cases.
Outgoing chief prosecutor Ocampo has indicated that he will not oppose an application to have the cases put on hold until after the general election in which Uhuru and Ruto have declared their interest to run for presidency.
The Star has learnt that the reason Ocampo will not oppose any delay of the hearings is that the ICC prosecution wants to use the extra time to tighten its case against the four by sieving through fresh evidence and possibly getting additional witnesses. Ocampo is confident that the four will lose the jurisdiction challenge they have filed.
Incoming Prosecutor Fatou Bensouda is reportedly already keenly handling the Kenyan situation which she will take up fully as Ocampo’s tenure ends. A human rights activist in Naivasha said the ICC lawyers this time around wants to deal with people who may have further crucial evidence. “They have been here for three days and went round talking to victims and visiting some areas,” said the rights activist.
In the case Ocampo accuses the four of having a network that planned and executed the violence. Yesterday sources indicated that some of the ICC witnesses and their families who are abroad have been relocated to safer locations after Ocampo complained of about their safety. They have been placed under further tight security and their children enrolled for education at schools mostly in Europe.
Source: The Star
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