Nairobi — Parliament has been accused of encouraging impunity in the country by failing to push through legislative reforms required to establish institutions and mechanisms needed to address violations of human rights.

Justice and Constitutional Affairs minister Mutula Kilonzo said that failure to implement laws such as the one intended to protect witnesses was undermining the rule of law in the country.

Ethnic cocoons have provided a shield for suspected perpetrators of gross human violations, where victims are being threatened with dire consequences should they cooperate with institutions dealing with impunity, he said in reference to witnesses of post election violence perpetrators.

"The evidence of these threats is contained in bundles of correspondence in my office from the said victims," he said.

The minister who was addressing participants at the International Commission of Jurists (ICJ) conference being held at the Mombasa Continental Resort said that as a result of these threats there was a likelihood that there may not be credible evidence, should the country proceed with the criminal justice approach.

For that reason, Mr Kilonzo called upon the office of the Attorney General to speed up the implementation process of the Witness Protection Law, which has already been passed but not amended.

"The law on protecting witnesses should be brought before Parliament so that perpetrators can be tried without fear by the witnesses. It is being implemented but it is inadequate," he said.

The minister lamented that he was not satisfied that the Law as it is, was enough to give security to the witnesses and the assurance that they could provide evidence without fear of any form of harassment.

"They need to be assured that they stand up in court of law and testify against a minister or even a Prime Minister without being afraid," he said.

He said he would like to see the amendments passed before December, when the International Criminal Court (ICC) is expected to authorize investigations to commence.

He noted that the government, despite encountering numerous challenges, had come to great lengths ensuring that those involved in gross violation of human rights were dealt with without fear or favour.

"The government has pledged full cooperation with the ICC within the framework of the Rome Statute, and in addition it will set up a local judicial mechanism to deal with perpetrators of post-election violence.

At the same time, Mr Kilonzo said that the government, through his ministry, had subjected itself to the Universal Periodic Review (UPR), a mechanism for reviewing a country's compliance with its human rights obligations under the international instruments such as the United Nations declaration of human rights.

"It is a process which by 2011 will have reviewed the human rights records of all the UN member states," he noted.Concerning the constitutional review and the draft that was published on Tuesday, Mr Kilonzo urged Kenyans to vote for it, terming the contentious clauses, if any amendable.

"By failing to vote for the draft it means that you are encouraging the atrocities that happened last year. If for example MPs are opposed to the recall clause in the draft constitution they should call for its amendment," the minister said.