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Team to speed up election chaos cases

By Staff 09/02/2012 19:30:00

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Youths stand next to a burning barricade during the post-election violence in January 2008. A team of 17 has been formed to speed up investigations and prosecution of cases from the 2008 post-election violence. Photo/FILE

By OLIVER MATHENGE omathenge@ke.nationmedia.com and GEOFFREY RONO marukware@yahoo.com
Posted Thursday, February 9 2012 at 22:30

A team of 17 has been formed to speed up investigations and prosecution of cases from the 2008 post-election violence.

The task force, chaired by deputy public prosecutor Dorcas Oduor will review, re-evaluate and re-examine the status of investigations of 5,000 cases that were recorded by the police. (READ: IDPs join case against chaos suspects)

Drawn from different ministries, departments and government agencies, it will also look at the cases that have been concluded, with a view to re-opening them if there was fresh evidence.

The move by Public Prosecutions director Keriako Tobiko seeks to inject a fresh pace to the cases of those who killed, burnt homes, looted, raped and forcibly circumcised people during the post-election violence in 2007-2008.

Four days ago, Ms Oduor said the prosecutor’s office had been reviewing the cases and had sought help from government departments to speed them up.

“The government has given us the capacity to assist the department’s task force that has been constituted to accelerate these cases. Some are pending in court, others are being investigated and some are awaiting appeal,” she said.

The task force will also review any report, publication and judicial decisions on the post-poll chaos and decide if additional suspects should be investigated.

The task force members, who hold their first meeting on Friday, are drawn from the prosecutor’s office, Police, Ministry of Justice, the Attorney-General’s chambers and the Witness Protection agency.

In a letter to Justice Minister Mutula Kilonzo, Police Commissioner Mathew Iteere, CID director Ndegwa Muhoro and Witness Protection agency director Alice Ondiek, Mr Tobiko said that during Friday’s meeting, the team would discuss and approve its terms of reference, plan and work out a budget.

According to the draft terms of reference, the team will also guide the police on further investigations as well as recommend to the government how the cases can be disposed of quickly.

Less than 600 of the 6,081 cases have been concluded, four years on.

There are 400 cases under active investigations while probes to more than 5,000 cases have stalled. Of the concluded case, 258 have led to convictions, 50 are still pending, 138 have been withdrawn and 87 others have led to acquittal due to insufficient evidence.

Mr Tobiko says that investigations have been complicated by victims who abandoned their cases and chose to pursue “reconciliation and forgiveness”.

International Criminal Court judges ruled last month that two cases on crimes against humanity against four Kenyans will go to trial over the violence. These are Deputy Prime Minister Uhuru Kenyatta, former head of Public Service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua Sang.

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