Ocampo writes to Mutula over witness threats

By Antony Gitonga and Peter Opiyo

International Criminal Court prosecutor, Luis Moreno-Ocampo has expressed concern at reports that key witnesses of the post-election violence are being threatened.

Consequently, he has written to the Government seeking to know what steps it had taken to protect the witnesses.

In the letter, Moreno-Ocampo asked the Government to protect the witnesses.

"I wish to draw your attention to the fact that my office is aware of a growing number of reports suggesting that individuals who previously contributed to the enquiries by Kenya National Human Rights Commission and Waki Commission are perceived as the potential ICC witnesses and had been threatened and intimidated," reads part of the letter dated January 22.

It adds: "As we discussed before our meeting of 3rd of July 2009 in The Hague, following which the Kenyan authority transmitted to my office a report on the operalisation of the witness protection programme, the primary responsibility to protect persons at risk lies first and foremost with Kenyan authority."

He called on the Government to share with his office the information on the threats.

On the expected trial, Ocampo exuded confidence the pre-trial chamber would render a decision soon.

"In the meantime, in accordance article 15(2) of the Statute (Roman), my office keeps collecting supporting information," it continued.

Work continues

He announced that the pre-trial chamber had ordered for the collection of views from the witnesses through the newly formed ‘victims participation and preparation section’.

Justice Minister Mutula Kilonzo on Monday confirmed to The Standard that he had received Ocampo’s letter and would respond accordingly.

"Yes, I have received the letter and I would download it from the Internet to look at it keenly," Mutula told us on the sidelines of the constitutional talks in Naivasha.

Even as he wrote to the Government on the protection of witnesses, Moreno-Ocampo is collecting information from the ICC’s seat in The Hague, Netherlands.

"I can take statements here in the seat of the court. I am inviting witnesses to take testimony here. We are continuing the collection of evidence from here in The Hague," he told The Standard last week.

Mutula said the Government had proposed amendments to the Witness Protection Act to make it effective in protecting witnesses and would present them in Parliament as soon as it reconvenes.