LSK roots for crimes-against-humanity court

Lawyers want a division established within the High Court to exclusively deal with crimes against humanity.

Law Society of Kenya (LSK) President Isaac Okero said it was unfortunate that the country had no alternative mechanism to deal with perpetrators of political violence.

Mr Okero said the country must set up a mechanism to protect citizens from clashes sparked by elections and to prevent recurrence of the chaos that was witnessed after the disputed presidential elections in 2007.

He said the country has a responsibility to establish and maintain institutions that deliver substantial justice.

"The establishment of a functioning and independent High Court Division dealing with crimes against humanity is a step that would give despairing Kenyans hope," he added.

Okero termed the alleged tampering of witnesses and political interference in the International Criminal Court (ICC) cases a blow to justice.

He said individuals responsible for tampering with the cases should be punished to avoid the recurrence of political violence.

"We are soon entering the General Election season with perpetrators of post-election violence eight years ago still at large. Historical injustices remain unresolved," he said.

The LSK boss said a majority of the 2007-08 victims were still struggling with trauma after the Government failed to compensate them. He added that some internally displaced persons were not given adequate monetary compensation.

In reference to the termination of Deputy President William Ruto and journalist Joshua Sang's cases, he moved to clarify that it was not an acquittal since ICC Chief Prosecutor Fatou Bensouda is free to reopen the case. "No finding of guilt or innocence was made. The court declared the proceedings a mistrial following troubling incidences of witness interference and intolerable political meddling," he explained.

He said the vacation of the charges was without prejudice to their presumption of innocence or the prosecutor's right to re-prosecute the case at a later date. He said the reasons given by the ICC judges for terminating the proceedings raise more questions than answers.

"Is not the pronouncement of a mistrial and the basis thereof an indictment of the State's commitment to the rule of law?" Okero asked.

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