KNCHR: Kenya Should Act Expeditiously

Kenya Post Election Violence

The Kenya National Commission on Human Rights (KNCHR) has voiced its concern over delay in initiating investigations on post-election violence in Kenya. More than 1,200 Kenyans lost their lives, some 600,000 people were displaced, and millions of dollars’ worth of property was destroyed following a disputed general election in December 2007. In a statement, KNCHR says pursuant to its discussions with the International Criminal Court (ICC), it is apparent that there is a critical need to have the process proceeds expeditiously.

In December Ocampo went before the ICC pre-trial chamber to seek permission to start formal investigations into the post-election violence in early 2008. The ruling is due this week. The human rights organ has reiterated the desire on its part that the Pre-Trial Chambers makes a decision on the request by the Office of the Prosecutor seeking authorization to initiate investigations in Kenya as soon as possible.

According to commission’s vice chairman Omar Hassan, this will allow the prosecutor commence investigations without any further delay. “There is anxiety with respect to the intervention of the ICC and it is the desire of most Kenyans that this matter is dispensed with expeditiously and preferably before the next general election,” the statement read in part. Kenya will hold its next general election in 2012. Omar says it is therefore incumbent that the Pre-Trial Chambers makes a determination with urgency. A number of victims have also sought our assistance towards making their representations to the Pre-Trial Chambers. There’s an increased worry of those sending evidence to the ICC.

Omar says the Pre-Trial Chambers must take note of the increasing instances of threats and intimidation of witnesses. “The commencement of investigations by the Prosecutor serves as an avenue to provide for witness protection through the ICC,” he adds. Kenya has no organ to protect whistleblowers. In the interim, Omar says, the Attorney General and the Ministry of Internal Security must assure and provide the witnesses with the necessary support that guarantees their safety and security. For the last one week, scores of people, potential-key witnesses, have reported cases of harassment and threats allegedly from violence perpetrators who face indictment at the International Criminal Court.

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