Kenya police bosses skip Ocampo session

Demands by police and other security chiefs threatens to delay investigations into the post-election violence.

They want assurances that information given to the International Criminal Court will not be used against them.

The security officials fear that the special court may prosecute them because it is relying on reports by the Waki Commission and the Kenyan National Commission on Human Rights which mentioned them adversely.

The security chiefs said they had instructed their lawyers to first get assurances that they will not be prosecuted.

“The ICC said the security chiefs will participate in the process as witnesses but if the court will rely on the Waki report and others then the officials fear that they may be turned into potential suspects,” said a source.

The officers also argue that only the International Criminal Court judges can offer such assurances, an indication that the matter could head to The Hague.

Lawyers retained by security chiefs who met Lady Justice Kalpana Rawal and member of the International Criminal Court team on Wednesday declined to comment on the issue saying that they were under oath of secrecy.

However, one lawyer Evans Monari said they will again meet Lady Justice Rawal on Thursday to decide when their clients will start giving evidence.

The security chiefs expected to give evidence before the judge are those who served in Rift Valley, Nyanza, Western, Nairobi and Coast provinces during the violence.

The security chiefs feared their bosses were trying to sacrifice them.

Post-election violence

Last month, the International Criminal Court through the head of its International Cooperation section, Amady Ba wrote to the cabinet subcommittee on post election violence assuring that it will not prosecute the security chiefs.

“In accordance with the Office of the Prosecutor’s policy to focus its investigations and prosecutions on those who bear the greatest responsibility, the office is not intending to prosecute these police officers but those that allegedly gave orders to the police to commit crimes,” the letter addressed to the sub committee’s chair, Internal Security Minister George Saitoti.

At a meeting with Justice Rawal this week, the lawyers representing the security chiefs are said to have demanded to be given the questions the ICC detectives intend to ask their clients.