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Kenya must help ICC to find key violence witness

The International Criminal Court (ICC) has some pending business in Kenya that must be cleared in the interest of justice. This is the matter in which more than 1,000 lives were lost, hundreds of thousands of people displaced and property destroyed.

It is surprising that the government is dragging its feet, hence, delaying justice. Kenya has shown a surprising reluctance to co-operate with the ICC to enable a key witness to testify in a case against lawyer Paul Gicheru, which opens on February 15. He is accused of subverting justice by bribing witnesses.

Mr Gicheru was reportedly acting for Deputy President William Ruto in a case of crimes against humanity before, during and after the contested 2007 elections that collapsed in The Hague-based court.

Kenya is dilly-dallying on a request by the ICC to help in tracing the “missing” hostile witness. Interestingly, he was cooperating with prosecutors but suddenly turned around. If there was a willingness to help, it is unlikely that he would be at large amid an efficient investigative and policing system.

The ICC has asked Kenya to help make the witness attend court. However, Solicitor-General Kennedy Ogeto’s response lacks the urgency one would expect. It’s long on bureaucracy when one would have expected a swift reaction to get the witness, who is definitely somewhere in Kenya, to go and testify. Though the witness is not among those allegedly bribed by lawyer Gicheru, his testimony is considered to be vital.

Time is running out for the prosecution of this case. It is not clear why Kenya is dilly-dallying on this crucial matter. The failure to enable justice to be done and seen to be done is quite disappointing. The authorities must co-operate with the ICC to help to bring this matter to its logical conclusion.

This is the appropriate punishment for anyone who may have played any role in the devastating crimes against humanity committed in the 2007/2008 post-election violence.