ICC to notify parties, Kenya on Uhuru case

The International Criminal Court (ICC) will notify parties on the date for the conclusion of a status conference on President Uhuru Kenyatta’s trial after hearing submissions.

Presiding Judge Kunoki Ozaki directed Kenyatta’s defence and the legal representatives of victims to file their submissions on February 17 and thereafter, formal announcement will be made after consultations between bench, bar and the Kenyan government.

“We will notify all parties and the Kenyan government on the time and venue of our next hearing,” said Judge Ozaki.

During the status conference, the prosecution office requested for an indefinite postponement of the case until a time when Kenya would comply with the court, noting that the State was frustrating further investigation into the case facing the President by making it difficult to access his financial documents.

“Mr Kenyatta is believed to have used his financial capability to give money direct to the perpetrators,” said the prosecution in its submission.

READ: Bensouda asks judges not to drop Uhuru charges

President Kenyatta and his deputy William Ruto, alongside radio presenter Joshua Sang, are facing trials at The Hague-based court on charges of crimes against humanity following the 2007 post-election violence.

However, the defence team led by lead counsel Stephen Kay said the prosecution’s case has collapsed because of its own failures.

“The Kenyan government has maintained consistently since 2012 that requests made by the OTP should come through the court. However, the prosecution ignored that and instead engaged the government directly,” said Mr Kay.

Mr Kay told the court that Kenya has been explaining the procedure that has to be followed but the prosecution has always ignored the directive.

Attorney General Githu Muigai had earlier said that such information is private and can only be released with the individual’s consent and through a court order.

Mr Ozaki asked whether the required information would be enough to sustain the prosecution’s case to which the OTP office said it was unsure given it is not privy to the financial details.

“Even if we get the evidence of President Kenyatta’s financial records, we are not sure it can be crucial evidence towards this case,” the office said. Fergal Gaynor, who represents the victims, says his party wants the case to continue.

“If you terminate the case you send a message that State non-cooperation is a strategy,” said Mr Gaynor in his submission, noting that lack of post-election violence in 2013 was a proof of ICC deterrence effect.