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ICC prosecution witnesses already out of Kenya

Updated Wednesday, June 1st 2011 at 00:00 GMT +3

By Evelyn Kwamboka

All crucial International Criminal Court (ICC) witnesses expected to testify against the six post-election violence suspects have been relocated out of Kenya.

Visiting ICC’s Head of the Jurisdiction, Complementarity and Co-operation Division Phakiso Mochochoko said only Government witnesses were still in the country.

"We are not seeking co-operation from the Government to protect ICC witnesses and do not intend to call it to protect our own witnesses," he said.

The official is in the country on a fact-finding mission. Mochochoko said the Government had indicated it is carrying out its own investigations into the post election violence, adding that the State must have adequate protection measures in place for the witnesses to testify in their own courts.

He said this, moments after holding a closed-door meeting with top Government officials at Harambee House in Nairobi.

The official told The Standard in an exclusive interview that he met with members of the Cabinet Sub-Committee on ICC members; Security Minister George Saitoti, Justice Minister Mutula Kilonzo, Amason Kingi, Permanent Secretary Francis Kimemia and National Security Intelligence Service director Michael Gichangi.

Government unco-operative

The prosecutor’s office feels the Government has not been co-operative as required since Eldoret North MP William Ruto, Finance Minister Uhuru Kenyatta, Tinderet MP Henry Kosgey, Head of Civil Service Francis Muthaura, Postmaster General Hussein Ali and radio presenter Joshua Sang were named as suspects.

"After the announcement, we saw various attempts to try and stop the process from going on," he said.

On Monday, ICC’s Pre-Trial Chamber II dismissed an application by the Government seeking referral of the cases back to Kenya and ruled that the cases were admissible.

After the meeting with the sub-committee members, Mochochoko said he had been assured of co-operation by the Government.

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