Clerics resist transfer of PEV witnesses abroad


Published on 17/11/2009

By Dedan Okanga

Clerics and lobbyists in the North Rift are opposed to the transferring of witnesses in post-election violence prosecutions to foreign countries.

Led by Anglican Church of Kenya (ACK) Bishop Stephen Kewasis and Centre Against Torture Director David Koros, the groups separately faulted the intention as punitive.

They were reacting to the Witness Protection Act, which allows for the changing of identities, and/or location of witnesses that may come under threat.

Kewasis, on Monday challenged the Government to seek alternative ways of protecting the key witnesses.

"The Government should guarantee security of its people within the country without the discomfort of shifting their residence to other countries," he said.

Koros said transferring victims would subject them to psychological torture and cultural alienation.

Death threats

"The victims end up with a sense of guilt that they have wronged society and live a life of misery and frustration for long," he said.

Attorney General Amos Wako, while attending the finalising of the East African Protocol in Tanzania recently said the Act is scheduled for amendment.

The amendment, he said, would create an independent witness agency away from the Attorney General’s office, with sufficient powers and resources to discharge its mandate.

In its current form, the Act provides protection against harassment or intimidation of persons giving evidence on crimes of fraud and human rights violations.

But the lobbyists and clerics argued that only civic education would help the country on the merits of tolerating witnesses.

"It would be cheaper to invest resources in educating the society on the importance of respecting witnesses," said Koros.

There have been reports that witnesses in the North Rift have fled the region after receiving death threats.

Kenya and South Africa are the only countries on the continent with legislation on protection of witnesses.

 

 

Read all about: PEV post election violence The Hague ICC chief prosecutor Luis Moreno Ocampo

 

 

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