ICC still probing Kosgey, Ali cases

International Criminal Court Prosecutor Luis Moreno - Ocampo has indicated that his office is researching on additional evidence in the cases against Henry Kosgey and Hussein Ali.

Mr Moreno-Ocampo will however not appeal against the ruling of the pre-trial Judges that exonerated the duo.

In a press briefing at the Hague on Tuesday, the Prosecutor said his team will visit Kisumu and Kibera to reassess possible complicity by the Police to the violence.

"We will keep investigating Kosgey and the activities of the police as well as crimes allegedly committed in Kibera and Kisumu. We will not appeal the decision," he said.

The prosecutor had presented a single witness against Mr Kosgey, but whose testimony the pre-trial judges threw out as insufficient.

Mr Moreno-Ocampo said his team is preparing for the trial of Deputy Prime Minister Uhuru Kenyatta, Head of Civil Francis Muthaura, Eldoret North MP William Ruto and journalist Joshua arap Sang whose charges were confirmed.

The suspects have since stated that they will appeal against the confirmations.

"Some of the accused have stated that they will appeal the decision. President Kibaki said Kenyan legal teams are studying the ruling. This is a legal right for the accused. The prosecution is preparing for trial but if the judges accept the appeal, this will delay the beginning of the trial. This further delay may be frustrating for victims but this is the legal process and we have to respect it," said Mr Moreno-Ocampo.

The Prosecutor also refrained from being drawn into debate on the presidential candidature Mr Kenyatta and Mr Ruto.

"It is in the hands of Kenyans themselves to solve the problems in Kenya. Kenya must decide on the candidates for the upcoming election and seize the opportunity to discuss the way forward and invest in the future," he said.