Nairobi — A poll chaos victim has written to the pre-trial chamber asking it to block two Americans seeking to have prosecutor Luis Moreno-Ocampo's application to launch investigations dismissed.

Citing the Kiambaa church massacre case, the victim, through the International Criminal Court lawyer Nicholas Kaufman, told a three-judge bench handling the Kenyan case that they had no confidence in the local judicial system.

In his application, dated January 20, the victim says the local system failed him and other Kiambaa church victims as evidenced by the outcome of a criminal trial in the High Court in Nakuru.

He was referring to the decision by judge D.K. Maraga to acquit all the four people accused of orchestrating the attack on the church.

In the application, the victim wants the pre-trial chamber to reject the application by professors Max Hilaire and William A. Cohn to be recognised as friends of the court for the purpose of Mr Moreno-Ocampo's application.

Represented

"Such divergent views and submissions could prejudice the rights and interests of the victims of the situation in the Republic of Kenya - in particular the herein represented victim of the Kiambaa (Eldoret) church massacre," reads the application by Mr Kaufman.

Mr Kaufman adds: "The application for leave, contrary to its purported intent, is not neutral but seeks to persuade the pre-trial chamber why an investigation should not be opened."

The application argues that the professors do not have the mandate to ask to be allowed to be enjoined in the process.

At the same time, an agency whose staff will enjoy privileges of police officers is to be set up to protect witnesses who will testify against key architects of the violence.

A Cabinet committee concluded discussions on the Witness Protection (Amendment) Bill of 2009, marking a big step towards guaranteeing security to witnesses and victims who have received threats from the main players in the chaos.

The Bill, still in draft form, proposes radical changes to the Witness Protection Unit, including a total overhaul of the current staff seconded to it. It will be taken before the Cabinet for approval Thursday.