Kenya urged to boost witnesses’ security ahead of ICC verdict

The government has been urged to strengthen its witness protection programme and urgently prosecute lesser perpetrators of the 2008 post-election violence as the country gears up for The Hague ruling on the Ocampo Six.

The Africa Crisis Group, an international lobby, has warned that the ruling, expected in less than 10 days, will see fresh political alliances emerge and stir animosities just a few months to the next election.

As the Belgium-based group called on the government to prepare for the International Criminal Court (ICC) verdict, which could be announced either next Monday or Thursday, it urged the international community to help ensure Kenya did not see a reversal of the gains it had achieved so far.

“The ICC is expected to announce in January (this month) wheth­er it has confirmed charges against each of the six suspects and will proceed to trials. The court’s rulings will introduce an additional — possibly crucial — factor into an already pivotal election,” said the lobby in a statement.

It was concerned about reports that anxiety had started building in the country ahead of the announcement and called for adequate security measures to ensure peace and stability was not interrupted in the 2008 chaos hotspots.

More important are the victims and the witnesses who are likely to face the brunt of the suspects, whether the charges against the Ocampo Six are dropped or not.

“If the court, as is expected, confirms charges for both cases on the same day, this could be a crucial step to help defuse a rise in ethnic tensions. There are real fears that if charges are dropped for suspects of one ethnic group and confirmed for those of another, ethnic tensions could increase sharply, regardless of the legal merits.”

Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey, Head of Public Service Francis Muthaura, Postmaster-General Hussein Ali and journalist Joshua Sang are anxiously waiting for the verdict by the ICC Pre-Trial Chamber presided over by judge Ekaterina Trendafilova.

The six were dragged to The Hague by ICC prosecutor Luis Moreno-Ocampo to face charges of crimes against humanity stemming from the 2008 post-election violence.

Mr Moreno-Ocampo believes they bear the greatest responsibility for the violence in which 1,133 people were killed and more than 650,000 displaced from their homes.

On Tuesday, the lobby group asked the government to strengthen its witness protection programme by giving it more funds to ensure the safety of witnesses and victims.

“The government needs to review the credibility of and increase funding for the Witness Protection Agency. Since it was launched, the agency has done very little,” it said.

The group also urged the government to quickly direct the Director of Public Prosecutions, Mr Keriako Tobiko, to investigate and prosecute low-level perpetrators of violence to deter recurrence of the chaos.

“This will send a clear message to would-be perpetrators of political violence that impunity will no longer be tolerated in Kenyan politics,” the statement says.

It further adds: “The ICC’s decisions will con­tinue to play a pivotal role in Kenya’s political process, especially in the crucial 2012 election.”