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Thursday, 6 June 2013

Victims in ICC Kenyan cases pull out of prosecution process--Bensuda is finished

The International Criminal Court cases facing President Uhuru Kenyatta, his deputy William Ruto and journalist Joshua Sang sustained another blow yesterday after 93 victims pulled out of the process. 


The victims said they had realised that the Office of the ICC Prosecutor was not serving their interests. The victims have addressed their letter to the ICC Victims and Witnesses office, through lawyer Wilfred Nderitu.


The victims, in a letter written to the court, said they had never met court investigators, adding their then lawyer Sureta Chana never took their accounts seriously.

 They said, despite many of them insisting they believed the violence was initially spontaneous but was hijacked by politicians for their gains, this view was not given credence by the prosecutor.


The victims said, despite having preferred lawyer Njenga Mwangi to represent them, the court instead appointed Sureta Chana and thereafter Nderitu. They took issue with the prosecutor’s approach to source for witnesses among them. 

The victims said they believed that either the witnesses were their attackers or people coached to give false evidence.


If they (witnesses) were genuine, they would have hinted to us what was in store against us just before violence broke out,” read the letter. They said their lawyers had failed to guarantee individual compensation if the case succeeded. 

Adverse comments by the prosecution, they said, had made reconciliation impossible on the ground. After expressing their lack of trust in the ICC, the victims have filed a case in the High Court seeking compensation from the government and say they, therefore, they do not wish to have two judicial processes.



“The responsibility to protect life and property was a government responsibility and we do not, therefore, have any claim against any of the accused persons,” they stated. 

They also asked Non Governmental Organisations who advocate for the victims to familiarise themselves with issues on the ground before they comment on their behalf. The victims expressed their stand under the aegis of Amani Peace Building and Welfare Organisation.

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