6,000 could be charged over Kenya poll chaos

Some 6,000 people could be taken to court for crimes committed during the post-election violence if a court to try them is established in Kenya.

Police have been reconstructing case files opened at the time in anticipation that a local tribunal or a division of the High Court would eventually be formed to handle the offences.

Police spokesman Eric Kiraithe said among the crimes being investigated are murder, rape and arson.

“We’ve a lot of evidence and it has always been updated. The cases have been pending because the prosecutions are supposed be done by a special tribunal, as recommended in the Waki report,” he said.

Since January, there has been increased police activity in areas that were worst affected by the violence, with the aim of reviving cases that otherwise had become cold.

Detectives are reconstructing files that were originally opened at individual police stations.

It’s part of Government efforts aimed at convincing the international community that Kenya has made significant strides in pursuing justice, warranting no intervention by the International Criminal Court.

The revamped pile of evidence comprises profiles of 6,000 people suspected to have participated in various crimes including murder, rape and arson.

Video clips, photographs and written statements form part of the evidence.

A team of detectives from Nairobi is leading the investigations that were suddenly reactivated in December, at a time ICC prosecutor Luis Moreno-Ocampo named key suspects to face prosecution at the Hague. (READ: Ocampo names Kenya chaos suspects)

The suspects have been summoned to the Court on April 7, following a successful application by the prosecutor with the government on the other hand seeking United Nations’ support to have their cases deferred.

At the same time, the government is preparing to challenge the “admissibility of the cases as well as the jurisdiction of the court (ICC),” in taking up the Kenyan case.

Deputy Prime Minister Uhuru Kenyatta, MPs William Ruto and Henry Kosgey, Civil Service boss Francis Muthaura, former Police Commissioner Hussein Ali and radio presenter Joshua Sang have been identified by the ICC as the persons who may bear criminal responsibility for atrocities committed during the election violence.

The Nation learnt there has been increased police activity in the Rift Valley, Nyanza and Nairobi provinces, where most offences were committed.

When the police team started visiting the provinces, detectives on the ground were ordered to look for more witnesses to support the cases.

They were asked to visit hospitals and mortuaries and compare their records with what is contained in police reports.

Lawyer Paul Muite said there is no confidence in the police to conduct investigations.

“The belated efforts (by the police) are not convincing that there is political will to investigate and prosecute. No serious person can have confidence the police can carry out thorough investigations,” he said.