Justice Philip Waki has defended the ICC process but also called for creation of a local tribunal to try other suspects.
Justice Waki, who chaired the commission of inquiry into the post-election violence, termed the International Criminal Court process as the only “insurance” for the victims in the event that the government fails to try the suspected masterminds.
The Court of Appeal judge used a meeting on domestic accountability for crimes on Wednesday to press the case for the establishment of a local tribunal to try other suspected perpetrators of the post-poll chaos, saying the ICC could only prosecute those who bear the greatest responsibility.
Those facing charges at the court are Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, public service boss Francis Muthaura, former police commissioner Hussein Ali and radio presenter Joshua Sang.
On Wednesday, Justice Waki said it was important that the country sets up a mechanism to try perpetrators and deliver justice to the victims.
The judge’s position that the Penal Code cannot offer sufficient systems to prosecute or defend suspects is likely to ruffle feathers in the government, which insists that it has launched its own investigations with a view to prosecuting the “Ocampo Six” in Kenya.
“Should there be any questions about the genuineness of this investigation, the commissioner is ready to appear before the Pre-Trial Chamber to confirm and explain the investigative work that is presently being undertaken,” says a government document.
According to the document, the Kenyan Criminal Investigations Department is seeking the location of potential witnesses for interviews.