The AG warned those interfering with the ICC process by intimidating witnesses of severe consequences.
Full force
"Without prejudice to the ongoing investigations, I wish to caution that any person guilty of interfering in any way with the process of the cases before the ICC or meddling in the local investigations relating to the 2007/2008 PEV cases, is liable and shall face the full force of the law," said the AG.
Whatever forms a criminal offence under the Rome Statute, the law establishing the ICC, is punishable under the Kenyan law, meaning anyone intimidating witnesses could be tried in either forum.
Intimidation of witnesses could make them give contradictory statements making them unreliable. According to the Internal Crimes Act, witnesses who give contradictory statements could go to jail for a period of two years.
Those who intimidate witnesses are liable to a jail term of five years, according to the Act.
Muigai said he had instructed Commissioner of Police Mathew Iteere, the Director of Criminal Investigation Department Ndegwa Muhoro and the Director of National Social Security Intelligence Services Michael Gichangi to conduct investigations on the matter raised by the Office of the Prosecutor.
"On the issue of intimidation of witnesses, I have directed the Commissioner of Police, the Director of CID, the Director of NSIS and the Director of Witness Protection Agency to exhaustively investigate the matter and report back to me immediately," said the AG.
The hacking of email accounts points to a scheme to snoop into communications from ICC agents who could be conducting crucial research to the court regarding the Kenyan case. The AG said he has instructed security agencies to investigate the matter as well.
"With regard to the hacking of email accounts, I have directed the Commissioner of Police, Director of CID and the Director of NSIS to immediately and thoroughly investigate the allegations and report back to me forthwith," said the AG.
The AG said he has also communicated with the Director of Public Prosecutions Keriako Tobiko on the need to include ICC complaints in the matters concerning the 2007/2008 post-election violence currently under review in his office.
