Thursday, March 28, 2024
At a press briefing Friday, civil society groups said the ICC case– into post-election violence– was heading towards failure because of missing and intimidated witnesses and lack of cooperation from the government.
Stella Ndirangu of the International Commission of Jurists Kenya told reporters that “several witnesses have died, others have disappeared and still others have recounted their testimonies”.
The case now hinged on records and cooperation from the government, because “the eye witness testimony and evidence that had been secured has definitely been eroded by all the interferences and all the disappearances of witnesses” said Ndirangu.
Ndirangu added it was unrealistic to expect President Kenyatta or his government would cooperate: “you don’t expect him to incriminate himself by providing the records”.
The case would show “what happens when a state refuses to cooperate and that state is the situational state”, said Ndirangu.
Kenyatta has made it clear he was appearing as a private citizen by temporarily stepping down as President.
Abdul Noormohamed of the Open Society Initiative for East Africa told reporters there was still no justice for the victims after seven years. Noormohamed said the ICC case had done little to change this, because “nobody spoke for the victims who died”. “We need justice. The ICC is the only place where those victims can see something happen.” he added.
Although there were 4,000 files of sexually violated women, none were considered good enough for prosecution, he pointed out.
Noormohamed said, “There is no intention in the country to prosecute, instead we are trying to destroy the only thing that has focused on the justice and that is the Rome Statute.”
Kenya is pursuing an amendment to the statute but Haron Ndubi of Kenyans for Peace Truth with Justice said the proposed amendment did not align with Kenya’s own constitution.
After Kenya’s disputed 2007 Presidential election, 1,100 people were killed and more than 350,000 people were displaced in post-election violence, according toa report from Kenyans for Peace with Truth and Justice.