Victims frustrated by Bensouda’s trial remarks

By FELIX OLICK

“Shortly after she recovered the severed head of her husband in Naivasha in January 2008, Celestine wrapped it in a shawl and carried it away for a dignified burial. She does not know where the rest of his body is.

When asked for her reaction to the Prosecutor’s December 19 last year’s announcement that she did not have sufficient evidence to proceed to trial against the accused, Celestine said:

“Please tell our lawyer to tell us the whole truth so that we can cry our last tears on knowing that there will be no justice anywhere in the world.”

recanted statement

These were the words of Legal Representative of Victims Fergal Gaynor as he pleaded with ICC Judges to allow Prosecutor Fatou Bensouda to gather more evidence against President Uhuru Kenyatta.

In his response to Bensouda’s request for a three-month adjournment of the trial date, the Irish lawyer narrated to the bench the victim’s frustration following the December 19 announcement.

“What have we done to make the Prosecutor mess with us like this? If there’s not enough evidence against the suspects, then who did it? They have forgotten the suffering that we faced during the post-election violence. They do not care for us. We are crying for justice,” Mr Gaynor quoted victims as saying.

Late last year, Ms Bensouda asked the Trial Chamber to adjourn Uhuru’s case that was slated to kick off on February 5 and admitted that she lacked adequate evidence against the President.

This was after one star witness recanted his statement and the other withdrew his testimony.

But in his submission, the Victims Counsel raised several questions which he wants the prosecution to address even as he emphasised that the case should not be terminated.

 “Has the Prosecutor sought and been provided with full and unhindered access to all records of telephone, email and radio communications relating to all relevant persons intercepted?” he posed.