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ICC Prosecutor to Seek Authorization for Kenya Probe (Update1)

By Eric Ombok

Nov. 5 (Bloomberg) -- The International Criminal Court’s Chief Prosecutor, Luis Moreno-Ocampo, said he will seek authorization from the court’s judges next month to begin a probe into post-election violence in Kenya.

“I consider the crimes in Kenya to be crimes against humanity,” Moreno-Ocampo told reporters today in the Kenyan capital, Nairobi. He spoke after holding talks with Kenyan President Mwai Kibaki and Prime Minister Raila Odinga.

“I informed them that in December I will request to the judges of the International Criminal Court to open an investigation,” Moreno-Ocampo said.

The ICC began a preliminary investigation last year into violence that took place in Kenya after disputed presidential elections in December 2007. The conflict left 1,500 people dead and forced 300,000 to flee their homes. Lawmakers in the East African nation in July rejected a proposal to establish a domestic tribunal to try key suspects in the fighting.

The ICC said in September it intends to take over the cases of the main orchestrators of the violence.

Odinga said today Kenya’s government will cooperate with Moreno-Ocampo, while Kibaki said the country remains committed to setting up a special court to prosecute suspects.

“The government remains fully committed to discharge its primary responsibility in accordance with the Rome Statute to establish a local judicial mechanism to deal with the perpetrators of the post-election violence,” Kibaki said.

Western Pressure

The ICC probe into the conflict is taking place as the U.S. and other Western donors step up pressure on Kenya’s coalition partners to implement judicial, police and constitutional policy changes promised in a power-sharing accord they agreed on last year. A central element of that agreement was the creation of a domestic tribunal to investigate the violence.

In September, the U.S. sent letters to 15 prominent Kenyans, including two Cabinet ministers, four lawmakers and two top civil servants, urging them to speed up reforms and oppose violence or face possible sanctions including travel bans.

Yesterday, Kenyan Attorney General Amos Wako said the U.S. government revoked his visa after accusing him of obstructing reforms.

Last month, U.S. Secretary of State for African Affairs Johnnie Carson said Kenya risks a repeat crisis when elections are held in 2012 unless reforms, including the establishment of a system to punish perpetrators of the post-election violence, are implemented.

To contact the reporter on this story: Eric Ombok in Nairobi at eombok@bloomberg.net.

Last Updated: November 5, 2009 06:26 EST

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