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Special Report: As ICC names suspect Kenyan leaders, records reveal talk of more ethnic cleansing

The International Criminal Court (ICC) is expected Wednesday to accuse up to six Kenyan leaders of orchestrating the ethnic violence that killed some 1,200 people after Kenya's Dec. 27, 2007 elections.

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“Let me remind you, and in the process also remind the ICC, that the Waki Commission was not sure whether there was enough evidence to meet the threshold required by the ICC or whether the evidence it had collected and which was part of the Waki report was enough,” Mr. Wako said last week.

Ruto told reporters during Ocampo’s recent visit that he believes the prosecutor is “still relying on the bribed witnesses to make a case against some Kenyans, which to me will in the end amount to fraud.”

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Ruto’s lawyer indicated last week that six witnesses now living in hiding in Tanzania would like to retract their statements they had given earlier to the Waki Commission.

“The six witnesses in Tanzania have been in constant touch and they are willing to come home," Charles Koech, Ruto’s lawyer, told the Associated Press. "They are apprehensive about their communities' reaction for giving information."

Even Prime Minister Odinga, a target of the Friends of Ruto’s wrath, has indicated that his patience with the ICC prosecutor was "running thin.”

Yet, human rights activists and political leaders say that the long ties between Ruto and those who perpetrated the violence in 2007 provide sufficient evidence to warrant a full investigation.

Martha Karua, Kenya’s former justice minister and an outspoken Member of Parliament, says that those who encouraged violence in 2007 should be brought to justice.

“The only way to stop the cycle of violence is to charge the perpetrators,” says Mrs. Karua, who served as a member of President Kibaki’s mediation team in early 2008, which created the current coalition government. “The cycle of violence started during Moi’s time, but even then it was not at this unprecedented level. The only way to stop it is to uphold the rule of law.”

While the Friends of Ruto threaten to make the Rift Valley “ungovernable” if Ruto is arrested, Ms. Karua says, “the greatest danger is doing nothing about the perpetrators. If we had stopped the violence in 2002 (in a similar bout of post-election violence) we wouldn’t be having this violence today.”

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