, NAIROBI, Kenya, Mar 14 – International Criminal Court Prosecutor Luis Moreno Ocampo is concerned that the secretary to the Cabinet Francis Muthaura is still in office overseeing national security matters, even after summons were issued against him over the 2008 post-election violence.
Addressing journalists via a video-link on Monday, Mr Ocampo said he would write to the Kenyan government this week seeking assurance that Mr Muthaura who chairs the National Security Advisory Committee does not have any influence over the police.
The Prosecutor said he fears that Mr Muthaura could influence his work when he embarks on taking testimonies and seeking witness protection in the ongoing investigation surrounding the post election violence.
"We want to be sure that should Mr Muthaura remain in power, he has no power on the police service," he said.
As the head of the National Security Advisory Committee, Mr Muthaura\’s role includes monitoring and advising the Cabinet Security Committee and the President, constantly reviewing threats to security, designing and preparing a national security plan and contingency strategy.
As the head of the civil service, he is also tasked with giving guidance and directions to provincial and district security and intelligence committees in dealing with security matters.
Mr Ocampo said: "We want to be sure the police will not be protecting his interests."
"Before we disclose to the Kenyan police about witnesses in Kenyan, we should be sure the Mr Muthaura is not on top of the police," he added.
Mr Muthaura was named by the Prosecutor in his list of six suspects on the basis that he ordered the police to protect Mungiki militias in retaliatory attacks against supporters of the Orange Democratic Movement.
Mr Muthaura has been accused alongside Deputy Prime Minister Uhuru Kenyatta of using the dreaded Mungiki gangs to unleash mayhem in Naivasha and Nakuru. Former Police Commissioner Hussein Ali is accused of agreeing to let the youths cause mayhem.
Others named by the Prosecutor and now summoned to present themselves at the Hague-based court include suspended Ministers Henry Kosgey and William Ruto and journalist Joshua arap Sang who are accused of planning and instigating violence in the Rift Valley against PNU supporters
The Prosecutor on Monday said that he had sufficient evidence against the six which he will produce when they appear before the court on April 7.
"We do not go to court without evidence. There are more witnesses we will produce," he said.
He said he was pleased that the six suspects had indicated that they will be honouring the summons.
Mr Ocampo has in the meantime said the ongoing bid to seek deferral of the cases at the United Nations Security Council shall not affect his work.
"The debate is a valid political debate. They can go there and ask the Security Council to act. This is not a problem with me," he said
The Council is expected to meet a government delegation for an informal meeting to discuss the deferral bid on Wednesday. Kenya\’s Permanent Representative to the United Nations Macharia Kamau will lead the delegation to the talks.
The meeting follows a series of diplomatic engagements held by Vice President Kalonzo Musyoka with the Council President and council members in New York and Washington.
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