In the complaint to the AG, ICC raised concern over the hacking of email accounts of a person of interest to the Office of the Prosecutor.
The protection of witnesses of the 2007/2008 post-poll upheavals remains key to ICC if its chances of nailing the accused are to remain high.
The complaints came only moments after AG asked witnesses and victims of the 2007 and 2008 post-election violence to come forward and testify in the local trials of lesser offenders.
Prof Muigai assured them of safety during investigations. "Dealing with post-election violence investigations and prosecutions has been a challenge. Most witnesses and victims are not willing to come forward to testify," the AG had said.
Isolating instances
In the Lubanga case, credibility of witnesses formed the nucleus around which the case revolved with ICC judges isolating these instances and ordering further investigations.
The same could apply in the case where Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and radio presenter Joshua arap Sang are accused of crimes against humanity by the Court. Indeed, the four have on several occasions poked holes on Ocampoâs witnesses claiming they were not credible and that they were coached. They claim the ICC prosecutor is basing his case on coached witnesses, with fabricated evidence of events that never happened.
Representatives of the defendants have also criticised the prosecutor for refusing to reveal his sources.
In the Lubanga case, six witnesses were found to be fake and unreliable. The court ordered some of the victims who testified and whose evidence was deemed unreliable investigated by the office of the prosecutor.
The court also held highly the requirement for high integrity of witnesses and accuracy of evidence.
On the Kenyan cases, by raising the red flag early enough, Ocampo appears to be keen to seal any gap in his case against the four Kenyans.
"The Office of the Prosecutor of the ICC has drawn attention to the AG of Kenya to the following complaints: hacking of email accounts of a person of interest to the Office of The Prosecutor, intimidation of Office of The Prosecutor witnesses," Prof Muigai said in a statement.
