Photo/FILE ICC prosecutor Moreno Ocampo admitted that his
investigations into the roles played by Mr Kosgey and Mr Ali
were short in substance.
International Criminal Court prosecutor Luis Moreno-Ocampo will investigate afresh the killings of civilians by police during the post-election violence.
Although Mr Moreno-Ocampo on Tuesday said he would not appeal the rejection of evidence against Tinderet MP Henry Kosgey and Postmaster General Hussein Ali, he said his team would focus more on Kisumu and Kibera slums in Nairobi to reassess possible complicity by the police in the violence.
Speaking a day after the Pre-Trial Chamber issued its ruling, the ICC prosecutor admitted that his investigations into the roles played by Mr Kosgey and Mr Ali were short in substance, but promised to dig out more details with a view to seeking a new confirmation of charges.
“The decision to release the two was based on factual analysis. What we need to do now is more research. The police were providing free zones for the Mungiki, that is why we thought Mr Ali was involved. That is why we are going back to check on Kibera and Kisumu,” he said.
The team, he added, would also look into possible evidence that could link Mr Kosgey to the organisation that perpetrated the chaos in Rift Valley.
The prosecutor had presented a single witness against Mr Kosgey, but his testimony was thrown out by the Pre-Trial Chamber on grounds of being insufficient.
Mr Moreno-Ocampo expressed his delight at the confirmation of charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret MP William Ruto, Head of Civil Service Francis Muthaura and Kass FM Radio presenter Joshua arap Sang, adding that it would take up to a year before the Trial Chamber was constituted. (READ: How court reached decision to charge four)
He explained that this was because the suspects had already said they would be challenging the Pre-Trial Chamber decision and the appeals would delay the speedy conclusion of the cases.
“The prosecution is preparing for trial but if the judges accept the appeal, this will delay the beginning of the trial. This further delay may be frustrating for victims but this is the legal process and we have to respect it.”
The prosecutor said that he might consider consolidating the two cases but that it would be up to the Trial Chamber judges to rule on that.
The prosecutor said that Monday’s ruling was “critically important in many dimensions” because it did not only establish individual responsibility for the post-electoral violence but was also a precursor to a peaceful Kenya.