By Wahome Thuku
Violence and killings in the Tana River Delta could give rise to charges of crimes against humanity at the International Criminal Court (ICC).
Lawyers and human rights bodies have already raised the red flag that those behind the murders and displacements could be indicted under the international law.
Consequently they want the Government and other human rights agencies and the media to embark on proper investigation, documentation and preservation of all the evidence for any subsequent trials.
Lawyer Mbuthi Gathenji, who represented victims of post-election violence before the Waki Commission, says the patterns of violence recorded in Tana River fitted well with the requirements of the Rome Statute, which established the ICC.
Organised raids
The sentiments were supported by Garsen MP Danson Mungatana, who said the threshold under the Rome Statute for crimes against humanity had been archived in Tana River.
Mr Gathenji, who runs the Centre for Justice for Victims of Crimes against Humanity (CJCH), said they had observed and analysed the ingredients of the killings in Tana River.
“The violence has been directed to unarmed civilians, including women and children. The attacks are characterised by killings, rape, destruction of property including habitations and livestock,” he said. The attackers are organised and target specific ethnic communities. They have proper intelligence on the areas of attack and are able to escape without arrest,” explained Gathenji.
Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Public Service Francis Muthaura and radio presenter Joshua Sang are facing trial for crimes against humanity at the ICC, arising from the 2007 election violence.
Charged
Last week, Galole MP Dhadho Godhana was charged in connection with the violence. The Cabinet also approved the formation of a commission to investigate the genesis of the chaos, a move opposed by some political leaders including Ruto.
If evidence of international crimes is gathered and Kenya fails to act, the office of the Prosecution of the ICC may ask the court to authorise it to step in, as happened with the cases already at The Hague.
Gathenji said failure by government agencies to protect the lives of the people in the circumstances could face same consequences under the International Law.
The CJCH called on the Chief Justice to lay proper ground for the establishment of the appropriate division of the High Court to deal with the matter as a crime under the International Law.
