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Denzel Musumba

Denzel Musumba


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Three post-election violence suspects have been invited to The Hague to present evidence. International Criminal Court prosecutor Luis Moreno-Ocampo has given the suspects until month-end to absolve themselves of blame that they committed crimes against humanity. Head of Public Service Francis Muthaura, suspended Industrialisation minister Henry Kosgey and Postmaster-General Hussein Ali had received the invitation letters, sources close to the investigations told the Nation on Tuesday. Others listed are Deputy Prime Minister Uhuru Kenyatta, radio journalist Joshua Sang and Eldoret MP William Ruto who travelled to The Hague last year “to set the record straight.” “We would like to offer you an opportunity to meet with our representatives at The Hague to provide relevant information in regard to the investigations,” says a letter. The invitation is seen as a response to the desire to comply with ICC investigation procedures. Questions have been raised on whether the prosecutor may have violated the Rome Statute by not talking to the suspects before making his application for summons to appear. Article 54 of the Rome Statute mandates the prosecutor to investigate both exonerating and incriminating evidence. “You can only obtain exonerating evidence by speaking to the suspects which the prosecutor didn’t do as anticipated in the Statute,” said a lawyer close to Mr Kosgey. “The prosecutor may be sealing gaps in his evidence to comply with the ICC procedure and block possible avenues for the defence.”