International Criminal Court prosecutors have accused six political and business figures, among them Finance Minister Uhuru Kenyatta, of involvement in the violence that killed more than 1,200 people.
The Kenyan government has objected to the ICC proceedings, requesting judges declare the cases inadmissible. It says the adoption of a new constitution and other reforms have made it possible to conduct its own prosecutions.
“We do think that it’s important to try the non-high profile suspects because hundreds, if not thousands, of people carried out violence at the time. I think that’s quite possible to do. For the non-high profile suspects, it’s doable,” outgoing Ambassador Michael Ranneberger told reporters.
“I am not going to say exactly what the mechanism will be, but as long as you have an independent judiciary. Whereas it would not be credible to do it with the high profile suspects. It would be too sensitive.”
Ranneberger, who finishes his posting to Kenya at the end of April, has long been vocal about the need for reform and empowering young people to help prevent a repeat of the violence in the next election.
The U.N. Security Council has shelved Kenya’s request to defer the proceedings. The ICC is still to decide whether Kenya, rather than it, has jurisdiction to try the cases, but the judicial proceedings in The Hague will continue.
Ranneberger reiterated U.S. opposition to deferring the cases, saying Kenyans needed to get a sense of accountability.
“No Kenyan has ever seen a senior official in this country stand before a really credible judicial tribunal and be held accountable for anything — violence, corruption, anything. And that’s important,” he said.
Ranneberger urged Kenya to speed up the implementation of the new charter and to establish a credible judiciary, reform the police and set up a proper electoral body.
“It doesn’t mean we are going to end the culture of impunity, obviously not. It doesn’t ensure that you will not have violence or trouble in 2012 by no means, but gives you a better chance at avoiding trouble,” he said.
The suspects, who also include suspended ministers Henry Kosgey and William Ruto, appeared before the court this month to face allegations of orchestrating the bloodshed.
The court will confirm in September if the six have any cases to answer. All have said they are innocent.