Kenya: DCI Denies Revisiting 2007/08 PEV Cases, Says Investigating Fresh Threats

Armed youths at the height of the post-election violence in 2008 (file photo).
24 November 2020

Nairobi — The Directorate of Criminal Investigations (DCI) on Tuesday denied it was revisiting the 2007/2008 Post Election Violence cases, after news statements were recorded from more than a hundred victims Monday.

Director of Criminal Investigations George Kinoti said the directorate is only acting on reports of new threats, following complaints of fear and apprehension by a section of Kenyans, who feel their life and property is under imminent threat.

The DCI boss said all complaints in regard to the atrocities committed then will be probed, in a bid to ensure justice is delivered to those still in search of it.

Kinoti explained that cases which he said were conclusively executed in a court of law will not be re-opened since that would amount to double jeopardy.

"If, in case of investigations, we find that a particular case was determined by the courts, we do not re-open such a case. This is because nobody can be subjected to double jeopardy as defined in our country's constitution," the DCI said.

"Instead, we advise the complainant to use alternative justice mechanisms allowed by law, like civil remedy, to address their concerns."

The violence claimed 1,200 lives while more than 600,000 people were internally displaced.

Kinoti committed to continue adopting a proactive mechanism ahead of 2022 General Elections, to ensure the dark events of 2007 are not repeated.

"I therefore wish to caution members of the public against being misled by those taking my statements out of context alluding that the DCI is revisiting PEV cases," he said in a statement.

Politicians mostly those aligned to Deputy President William Ruto had dismissed Kinoti's announcement for fresh instigations on Monday , terming the move ill-timed and a recipe of chaos.

Ruto also remarked on the matter on Tuesday terming an attempt to revive PEV cases as evil.

"The provocative incitement to ethnic/division intended by the resurrection of Post-Election Violence is an evil attempt to resuscitated the tribe project destroyed by the hustler movements' realization that poverty and unemployment, deliberately bred by poor leadership is our problem not our tribes," the DP tweeted.

Six individuals, including President Uhuru Kenyatta and his Deputy William Ruto were indicted by the International Criminal Court (ICC) for various roles in 2010, but cases were dropped by 2016 for lack of evidence.

Kenyatta's and Ruto's cases were dropped in December 2014 and April 2016 respectively.

The two had been charged alongside then-Police Commissioner Mohamed Ali, Head of Public Service Francis Muthaura, former Minister Henry Kosgey and Radio Presenter Joshua Arap Sang.

Locally, several suspects were arrested and charged but there has been no update on the progress of their cases that were largely stagnant for lack of evidence or witnesses to testify.

Kenya's political temperatures have been rising as the country prepares for the 2022 presidential election, a high stake vote in which leaders are angling to succeed incumbent President Kenyatta who is on his second and final term after re-election in 2017.

The political temperatures have been fueled by the Building Bridges Initiative (BBI) spearheaded by President Kenyatta and ODM leader Raila Odinga and which will culminate to a national referendum to amend the Constitution.

The Deputy President is pushing for consensus-building before proposed changes are subjected to a national referendum.

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