Victims of the 2007 post-election violence want the International Criminal Court to order fresh investigations against President Uhuru Kenyatta.
Through their lawyer Fergal Gaynor, the victims have complained to the court’s Pre-Trial Chamber that the prosecution failed to take appropriate measures to ensure effective investigations and prosecution of Mr Kenyatta, former police boss Major-General Hussein Ali and former Civil Service head Francis Muthaura.
In a submission made on Monday, the victims also want the prosecution, led by Ms Fatou Bensouda, to be ordered to provide details concerning its investigative strategy in the case.
“By ceasing the investigation and prosecution of the accused following his election as Head of State and Head of Government of a strategically important country, which supports western security objectives in an unstable region, others might form the misperception that the prosecution’s inaction has been influenced by powerful states.
“It is in the interest of the prosecution and the court as a whole for the Chamber transparently to review the decision to ensure that this is not the case,” said Mr Gaynor.
Cases against the three collapsed before reaching trial stage.
Ms Bensouda blamed the collapse on the Jubilee administration's non-cooperation and witness interference by the accused.
The violence that roiled the county after the 2007 General Election claimed 1,133 lives and uprooted over 650,000 people from their homes.