Nairobi — An appellate judge has expressed concern over the possibility of perpetrators of post election violence suppressing evidence by threatening witnesses.

Court of Appeal judge Justice Philip Waki whose concern was also confirmed by the government however lamented that Parliament is yet to enact dependable legislation for protection that would see witnesses assured of their safety.

In his closing remarks at the International Commission of Jurists (ICJ) 50th anniversary conference at the Mombasa Continental Resort, Mr Justice Waki told participants that even a competent judiciary in resource poor post conflict nation would be pressed to provide the required protection of witnesses.

"It therefore goes without say that without witnesses coming forward, the evidential burden cannot be discharged," he said.

On Wednesday, Justice and Constitutional minister Mutula Kilonzo expressed similar sentiments saying that ethnic cocoons had 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. This was in reference to witnesses of post election violence perpetrators.

The evidence of these threats was contained in bundles of correspondence in his office from the said victims, and 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.

At the same time, Mr Justice Waki lamented that impunity which was deeply rooted particularly in the African society was a major hindrance to the peaceful co-existence between national communities and constituted a major obstacle to the evolution of democracy.

"One speaker said that the word 'impunity' was an overused word these days. If it has become notorious, it must be because of the conditions that allow for its continued use around us," he said.

He also said that impunity had allowed many leaders with blood on their hands and the tormentors of their peoples to remain as unavoidable partners in achieving peace with consequent trivialization of serious violations of human rights and serious breaches of International Humanitarian Law.

He therefore noted that the emergence of international justice as a forum of last resort serves both as a push for the trial of perpetrators and also as a catalyst of reforms.

"All States value their sovereignty and the integrity of their institutions and international justice interventions evoke urgency on the part of the State and serve to lift the veil of what would be masked attempts and false starts at justice," he said.