ICC DENIED CRUCIAL EVIDENCE by the govt. of kenya

ICC detectives denied access to crucial evidence, says Bensouda

Attempts by the International Criminal Court to firm up its crimes against humanity cases involving four Kenyans have been frustrated by the government, it has emerged.

Sources said ICC investigators had been denied information on the assets of the suspects and medical and police records on victims of the crimes.

Four Kenyans — deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Public Service head Francis Muthaura and radio journalist Joshua arap Sang have been indicted by The Hague-based court over the 2007 election chaos.

Some 1,133 Kenyans were killed and nearly 600,000 displaced from their homes during the chaos sparked by disputed presidential election results.

On Tuesday, ICC prosecutor Fatou Bensouda held a series of meetings with government officials, including President Kibaki and Prime Minister Raila Odinga, during which she expressed concern at the frustrations her investigators were being subjected to.

Sources said Ms Bensouda complained that the government was yet to give her team access to wealth records of the four suspects, and medical and police records of the victims.

The records are held by hospitals and police stations in the areas hard hit by the violence.

It is understood that the Harambee House meeting, also attended by members of the Cabinet sub-committee handling The Hague affairs, resolved to help in acquiring the information.

The committee members include Internal Security Minister Katoo ole Metito, Foreign Affairs Minister Sam Ongeri, Fisheries Minister Amason Kingi, Lands Minister James Orengo, Justice Minister Eugene Wamalwa and Attorney-General Githu Muigai.

Ministers Metito, Ongeri and Wamalwa are allies of Mr Kenyatta.

This week, Mr Wamalwa accompanied Mr Kenyatta on a visit to Tanzania to lobby for the ICC suspect to be allowed to contest the presidency. (READ: Kikwete urges Kenyans to unite ahead of polls)

Acting Head of Public Service Francis Kimemia, permanent secretaries Mohamed Isahakia (Office of the PM) and Mutea Iringo (Internal Security) also attended Tuesday’s meeting.

Ministers at the meeting but who sought anonymity said Ms Bensouda said the information she was seeking was crucial to the prosecution’s preparations for the trials set to start on April 10 and April 11 for the two cases.

The trial proceedings for Mr Ruto and Mr Sang will start on April 10 while those of Mr Kenyatta and Mr Muthaura commence on April 11.

Sources in the Cabinet sub-committee meeting said Ms Bensouda said her team was racing against time to acquire the information.

Information about the wealth and assets of the suspects will help the prosecutor to prove whether some of the suspects, especially Mr Kenyatta and Mr Ruto financed the killer gangs during the chaos.

Sources said Ms Bensouda sought permission for her investigators to visit hospitals and health centres in Naivasha, Nakuru, Eldoret, and Kisumu to access records of people who were treated for rape, torture and forced circumcision to tighten her evidence on charges of rape, torture and inhumane acts.