The ICC is making final touches on its evidence against five individuals, according to informed sources.

The ICC investigators have been in Kenya for more than two months and after interrogating the two witnesses found they had tangible evidence which qualified them for protection. The two had also testified before the Waki Commission and the Kenya National Commission on Human Rights.

The ICC Chief Prosecutor Luis Moreno Ocampo has promised by December that he will have a tight case against the suspects and it appears that investigations are now in the final stages.

The two witnesses flown out on Friday are from the North Rift region and they were accompanied by six members of their families. The two witnesses travelled separately and did not meet at Jomo Kenyatta International Airport although they were there at the same time.

"It's true that I am going out but I do not know where I am heading to. It's in connection with the poll violence," said one witness two hours before he left Kenya.

Crucial evidence

The second witness also confirmed that he was on the way to the airport. The two are middle-aged and are said to have recorded crucial evidence concerning the poll violence.

Six more witnesses are lined up to be flown out and their travel papers are being processed for them, the Star has learned.

It has been widely rumoured that former Administration Police College Commandant Oku Kaunya could also be a key ICC witness. He left Kenya, allegedly with the help of the US Embassy, in April. The AP used their college for training officers assisting in the December 2007 election.

The ICC investigators have interviewed most of the key witnesses who appeared before the Waki Commission.

They focused their probe on three areas involving five suspects. The probe includes the Kiambaa Church arson in Eldoret, revenge killings in Naivasha and police shootings in Eldoret, Kisumu and Nairobi.

The investigators made several secret visits to the Rift Valley and Nairobi to quiz people with evidence on what happened including new witnesses who had not testified before the Waki Commission and who are not known to government.

Sources indicated that the ICC had narrowed its probe to four top politicians and a senior police officer who issued orders to his juniors during the poll violence. The four politicians include two ministers in the government, one serving MP and a former MP.
A member of civil society involved in protecting the witnesses confirmed the duo's departure last Friday.

"None of us knows where the witnesses were taken to but I can confirm that they went out," said the official. The ICC took the opportunity to conduct further investigations while Kenyans were distracted by the referendum concluded last week.

The ICC detectives interrogated at least 30 people who witnessed the post-election violence or were aware of its planning. Most of them left their homes a month ago after receiving threats soon after being questioned by the ICC.

"I am still in hiding because l am really scared. The four foreigners who interrogated me said they were from the ICC and promised to get in touch which they have yet to do," one witness said from a safe house in Nairobi.

Prosecutor Ocampo has promised to complete investigations by October.

He will then present his evidence to the pre-trial chamber and request the court to issue warrants of arrest for the key suspects.

In March Ocampo told the pre-trial chamber of 20 people whom he said held the most responsibility for the post-election violence.

Ocampo said the list he had received from Kofi Annan contained nearly 20 names but he was unlikely to prosecute all of them. He said his intention was to prosecute five or six people who had the greatest responsibility and use them to set an example for the future.

In November 2009, Ocampo sought authorization from the ICC pre-trial chamber to investigate the violence in which more than 1,000 people were killed and over 300,000 forced to leave their homes. He indicated that the suspects included senior leaders from both PNU and ODM.