ICC team to start taking evidence

By Standard Team

Preparation for the International Criminal Court to take evidence from PCs and PPOs has been finalised.

Following the appointment of Justice Kalpana Rawal to support the process of evidence taking, the ball now moves to Attorney General Amos Wako who is supposed to gazette the rules and regulations for the exercise.

As per the ICC rules, the statement of each witness shall be taken in writing on the oath or affirmation of that witness.

Chief Justice Evan Gicheru has appointed Lady Justice Rawal to take the statements of the security chiefs concerning post-election violence in accordance with the International Crimes Act.

ICC investigators had requested a face-to-face meeting with security chiefs who were in office prior and during the violence.

But the officers declined and hired private lawyers and said they would only be interviewed in the presence of an officer with the status of a judge or Registrar of the High Court, as the Rome Statute recommends.

Best choice

Some of the State officers expected to make statements have welcomed Justice Kalpana Rawal’s appointment, saying she is the best choice.

It is not clear when the sittings would begin but consultations among the relevant parties are ongoing.

Some of the officials who have been summoned by the ICC team and who talked to The Standard said Justice Rawal was the best choice.

"She is the best choice for some of us and there is a general perception she would be impartial. You know this thing is so sensitive," said one of the officials.

Justice Rawal, who has served in the High Court since June 2, 2000, said she was ready to serve Kenyans in her new role.

She told The Standard: "I am grateful to God, appointing authorities and Kenyans for this appointment. I will serve Kenyans to my level best."

Speaking in her Chambers at the High Court in Nairobi, the soft-spoken judge said she was waiting for operational details to move.

ICC Chief Prosecutor Luis Moreno-Ocampo had requested the Government to facilitate the interview with PCs and PPOs of Nyanza, Nairobi, Central, Coast, and Rift Valley provinces who served between December 2007 and March 2008.

Sources familiar with the developments in the investigations said the ICC team has been meeting different people at different locations.

"No one knows who they have met, but we are informed they are holding serious sessions with people in Nairobi," said a source.

Change rooms

The movement of the detectives is discrete and some officials said they sometimes change their hotel rooms for security reasons.

Lawyers representing the summoned officials are Evans Monari, Ken Ogeto, and Gershom Otachi. The fourth lawyer representing PCs is Ahmednasir Abdullahi.

The ICC team leader, Dirk Freimann, flew back to The Hague, but another team is expected on Tuesday to back up those already here.

—Reporting by Ben Agina, Cyrus Ombati and Evelyn Kwamboka