Bensouda: ICC to 'explore other options' if Kenya fails to cooperate

International Criminal Court Prosecutor Fatou Bensouda arrives at the Serena Hotel, Nairobi October 25, 2012 for a news conference. She said May 15, 2013 that the ICC will "explore other options" if Kenya fails to fully cooperate on the post-election violence cases. FILE 

By CAROLINE WAFULA cwafula@ke.nationmedia.com
Posted  Friday, May 17   2013 at  09:08

Prosecutor Fatou Bensouda said Wednesday the International Criminal Court will "explore other options" if Kenya fails to fully cooperate on the post-election violence cases.

Ms Bensouda, who spoke in Geneva, Switzerland after giving a lecture to students at the University of Geneva, said ICC maintains expectations that Kenya will cooperate with the prosecution on the cases facing President Uhuru Kenyatta, his deputy William Ruto and former radio presenter Joshua arap Sang.

“We have been very clear since this started that we want full cooperation,” she said.

Ms Bensouda said the ICC judges will consider other options in case Kenya fails to cooperate.

“That is a matter the Chamber will look into and explore other options,” she said.

“I have been very clear all the time about this matter. I have stated that what we want is the full and unwavering cooperation of the Kenyan Government.

"In the event that this doesn’t happen, we will have no option but to bring the matter to the attention of the Chamber for direction,” she said in an interview with Kenyan journalists in Geneva.

Earlier, in her lecture to the Geneva University students, she said the Kenyan situation will be treated like any other case of international crime.

“It is all about seeking justice,” she said.

On Tuesday, Human Rights Officer at the World Organisation Against Torture Andrea Meraz said witness protection is key in ensuring justice.

At the Committee Against Torture session at the Office of the High Commissioner for Human Rights, the Kenyan delegation responded to questions on measures put in place to protect witnesses locally.

Rhodah Ongoma from the Office of the Director of Public Prosecutions said the Witness Protection Agency is up and running and that it has a large number of witnesses protected under the program.

She said agency is supported by the Treasury and is at liberty to seek additional funding from other sources.

Ms Ongoma said staff have been trained and sensitised on human rights requirements in the protection of witnesses.