All set for PCs and police to give evidence

Top security officials will give evidence in secret concerning the post-election violence, according to rules to be gazetted on Friday by Internal Security minister George Saitoti.

They will speak in open session only if Lady Justice Kalpana Rawal, appointed to supervise the evidence taking by the International Criminal Court, is convinced that such public statements do not compromise the security of the nation or that of the witness.

The draft rules, seen by the Nation, were approved by the Cabinet committee which is dealing with the ICC.

An audio and video recording of all evidence will be made, the rules say.

Justice minister Mutula Kilonzo said on Tuesday that the rules had been approved and were being cleaned up for gazetting. Asked if the approval of the rules means that ICC investigators were about to begin questioning provincial police bosses and provincial commissioners who served in violence-hit areas, he replied: “Yes, indeed. That was the main job today.”

The rules, formally known as the International Crimes (Procedures for Obtaining Evidence) 2010, allow witnesses to decline to give evidence if they feel it might incriminate them.

Under the rules, Lady Justice Rawal will issue summonses to the witnesses and give them a summary of what they will be asked to testify on. Once summoned, a witness will have 15 days within which to give evidence.

Witnesses write to court

If the court taking the evidence requires any documents, it will have the power to summon any person in possession of such documents to produce them.

Witnesses are allowed to write to court and indicate at any stage of the proceedings that they are not able to answer a question sufficiently for lack of enough particulars.

And during the evidence taking, Lady Justice Rawal will be assisted in her duties by a secretary who will be an advocate with more than two years’ experience.

ICC prosecutor Luis Moreno-Ocampo plans to use the statements of the government officials to prepare his application for arrest warrants against six individuals he accuses of masterminding the violence.

On Tuesday, the Nation learnt that a team of ICC analysts was preparing their report ready for submission to the prosecutor before the end of the week. The analysts completed their mission by visiting various hotspots in the Eldoret, including Kiambaa and Burnt Forest.

Lady Justice Rawal was appointed by Chief Justice Evan Gicheru on October 5 to take charge of the recording of the evidence.

The appointment came after the Attorney-General made a written request to the Chief Justice.