THE HAGUE, Jan 24 – International Criminal Court (ICC) Prosecutor Luis Moreno Ocampo on Tuesday said he will not appeal the decision by the Pre-Trial Chamber to reject charges against Henry Kosgey and Hussein Ali.
Ocampo, who was reacting to Monday’s decision that saw four other suspects committed to stand trial for crimes against humanity, said appeals would delay the speedy conclusion of the cases.
“We will keep investigating Kosgey and the activities of the police as well as crimes allegedly committed in Kibera and Kisumu. We will not appeal the decision,” Ocampo said at his press briefing in The Hague.
On the issue of William Ruto and Uhuru Kenyatta’s quest to seek the presidency, Ocampo said it was up to Kenyans to decide their fate.
“I have no mandate on the national issue,” he said. “It is in the hands of Kenyans themselves to solve the problems in Kenya. Kenya must decide on the candidates for the upcoming election and seize the opportunity to discuss the way forward and invest in the future.”
The prosecutor also said an appeal by Kenyatta, Ruto, Francis Muthaura and Joshua arap Sang would delay the trial process.
“The appeal process will delay trial, some people will be disappointed but we respect their right to appeal,” the prosecutor said.
He also allayed fears that the accused may be detained saying as long as they comply with the judges’ conditions, they will enjoy their liberty.
“The judges confirmed the conditions and suspects would be free even during the trial,” he said.
At the same time, Ocampo reiterated that delicate steps had been taken to ensure the safety of prosecution witnesses, none of whom was still resident in Kenya.
“We don’t have witnesses in Kenya but there are victims,” he said.
The ICC Pre-Trial Chamber on Monday confirmed charges of crimes against humanity for Uhuru Kenyatta, Francis Muthaura, William Ruto and Joshua arap Sang.
The three-judge bench however dropped charges against Kosgey and Ali after it found the prosecution’s evidence insufficient to go to trial. The prosecutor praised Kenya’s co-operation with the court, saying it was showing the world “a new standard how to handle conflict differently.”
The charges related to the violence related to the 2007 presidential elections in which more than 1,300 people were killed and 500,000 displaced.