The death of the CID boss, Karanja Gatiba, came as a shock to many people who knew the quiet man who was hardly in the limelight. His death came at a time when his presence was needed the most as he was one of the key witnesses expected to meet the visiting ICC Prosecutor, Louis Moreno Ocampo over the violence that erupted after the 2007 general election. Kenyans maybe all excited that Ocampo is finally in the country but there are several possible snags that could derail the process. The most serious is the lack of domestic law enforcement and criminal justice capacity (and political will) to support the ICC investigation. A related challenge is the protection of witnesses, many of who are clearly at risk. And despite notable recent policy improvements, Kenya 's witness protection capacity remains limited, and politically infiltrated. This is a serious concern as no prosecution is possible without witnesses willing to tell their stories.
To date, no one has been sentenced for the killing of any of the 1000-plus people who died during the violence. The Court's decision to authorise the investigation has been eagerly awaited for the last two years by the whole world. It has also been welcomed by victims and friends of justice, including the former UN Secretary General, Kofi Annan who in late 2008 handed the Prosecutor a list of persons considered to be most responsible for the crimes committed during the post-election violence. Ocampo is in the country visiting the most hit areas as well as meeting some of the victims. He has promised to leave no stone unturned even though he won't make the names of the key suspects public yet.
This is a bold step in the history of Kenya as well as that of the Court. It is the first time that the ICC Prosecutor has used his powers under Article 15 of the Rome Statute, which allow him to decide independently to launch an investigation in respect of international crimes under the Court's jurisdiction. Previous investigations have been initiated only at the specific request of a State Party to the Court, or pursuant to authorisation granted by the UN Security Council. Mr. Ocampo seems confident. He is said to have more than enough evidence, most of which was gathered at the time of the violence by human rights workers, diplomats, private security officials and NGOs. If he decides to bring charges, Kenya will become the fifth situation before the ICC.
Let us pray and believe that God will guide our lovely country and justice will prevail. Remember to visit OUR BLOG
