Githu order meant to avoid clash with ICC
Attorney-General Githu Muigai’s directive that top security agencies should investigate the intimidation of post-election violence witnesses follows a string of complaints from the International Criminal Court.
ICC chief prosecutor, Luis Moreno-Ocampo, has on a number of occasions expressed concern over the safety of his key witnesses despite insisting that they were all out of the country.
His most recent complaints was at a press conference in New York, where he also warned that he would seek prosecution of those interfering with witnesses.
“We are concerned about protection of witnesses in Kenya. There are individuals trying to expose the identity of people.
“We will investigate them and we will put them in jail. We will do that,” Mr Moreno-Ocampo added.
Prof Muigai has now warned those interfering with the ICC process by intimidating witnesses of severe consequences. (READ: AG orders probe on Ocampo witnesses' claims)
In what appears as a move to avoid a clash with the ICC as the government has committed to cooperate with The Hague court, the AG said that all issues will be investigated by top security agencies and the Witness Protection Agency.
“Without prejudice to the ongoing investigations, I wish to caution that any person guilty of interfering in any way with the process of the cases before the ICC is liable and shall face the full force of the law,” said the AG.
The ICC judges have already warned the Kenya suspects — Deputy Prime Minister Uhuru Kenyatta, former head of civil service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua Sang — of sanctions if they are found to be intimidating witnesses.
The ICC prosecutor’s warning two weeks ago followed a dramatic press conference by a Ugandan anti-ICC activist David Matsanga, who accused him of using testimony from a witness who had allegedly recanted his statement in 2009.
Mr Matsanga released videos and statements purported to have been received from one of Mr Moreno-Ocampo’s witnesses in the cases against Deputy Prime Minister Uhuru Kenyatta and former head of civil service Francis Muthaura.
The video and statement, which have been uploaded on the Internet, show the said witness saying that he did not wish to continue cooperating with the ICC and wanted to withdraw his statement against Mr Kenyatta and Mr Muthaura.
The man, whose passport and ID show that he was born in 1966, has taken up the code “Witness Four,” whom the defence argued was the main pillar in the prosecution case.
