“The pot of evidence than has been used in the Kenyan cases is the same for the six suspects who were there initially and there has not been any addition so if three of the six were acquitted on basis of not enough implicating evidence then the other three also need to be acquitted,” explained Mohamed.
She was speaking during an interview on the British Broadcasting Corporation’s HARDtalk show, Mohammed alleged that the names contained in the Waki list was not credible.
“The envelope handed over to Kofi Annan by the Waki Commission had many names of suspects but they picked and chose only a few out of the many names. They picked three from each side of the parties and if this is not politicizing then I don’t know what is,” said Mohamed.
The cabinet Secretary further added with the inception of the new Constitution and judicial reforms, Kenya is capable of trying the perpetrators of the Post Election Violence.
Mohamed accused the International Criminal Court of applying double standards in the handling of the cases.
“The Rome Statute is impartial, its objective and we signed into it because we believed in what’s enshrined in it but we do not like the way the goalposts are suddenly shifting to suit the court and that is the problem we have with it. We have a new Constitution and a stronger Judiciary that can make credible rulings into the cases,” she explained.
She further accused the ICC of targeting Africa yet nations there have maintained good relationships and always cooperated with the court.
She says that the decision by Kenya to pull out of the Rome Statute is independent and democratic adding that the backing from the African Union is not a way to free the accused persons.
“We have been making prior requests to the court on matters regarding the cases with no response and only when African countries unite to address the court do we get responses,” added Mohamed.
She however explained that she is worried about the pullout by Kenya as it may dent the relationships that Kenya has with the Netherlands and other countries in the Rome Statute.
Mohamed assured the world that Kenya has turned over a new leaf and tribal divides are a thing of the past saying that the March 4 polls were a show that the people are united and they voted for change rather than on the basis of tribe.
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