Uhuru, Muthaura want ICC case heard afresh

Dr. Job

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Uhuru, Muthaura want ICC case heard afresh





By JOHN NJAGI jnjagi@ke.nationmedia.com ( email the author)

Posted Tuesday, February 5 2013 at 22:20
In Summary

  • Defence team argues evidence by witness not part of what prosecution will use

Deputy Prime Minister Uhuru Kenyatta and former Public Service boss Francis Muthaura want their cases at the ICC referred to the pre-trial chamber after the prosecution withdrew evidence of a key witness.

In a written submission, Mr Kenyatta's lawyers Steven Kay QC and Gillian Higgins said the evidence given by prosecution witness 4 was not part of what it would rely on during the trial period despite it linking Mr Kenyatta to Mungiki activities.

The prosecution withdrew the evidence after the witness admitted that he lied in his testimonies claiming that he attended two meetings at State House Nairobi and at a private members club, where the alleged atrocities were planned.

OTP4 (office of the prosecutor witness 4) is alleged to have lied to the pre-trial chamber that he attended meetings with Mr Kenyatta, Mr Muthaura, President Kibaki and Mungiki representatives at State House on November 26, 2007, when the revenge attacks were planned.

The lawyers noted that during the confirmation of charges hearing, the court heard that the said witness, as a representative of the Mungiki, attended the meeting at State House, and that the pre-trial chamber had relied on the evidence of OTP4 to establish the presence of Mr Kenyatta at the meeting and his links to the Mungiki.

His evidence was also used to establish the link at that time with Mr Maina Njenga, the alleged leader of the Mungiki, and the creation of a relationship to enable the Mungiki to support the Party of National Unity in the 2007 elections.

The lawyers said that at the time of the confirmation hearings, the pre-trial chamber was in possession of statements by the witness that alleged he was an eyewitness at the State House meeting, and that Mr Kenyatta's presence at the meeting was found by the chamber to have been established by the evidence.

Confirmation hearings

The letter to the prosecutor's office at the International Criminal Court in The Hague, says the pre-trial chamber used the witness statements at the confirmation hearings despite it being challenged by the defence teams.

The defence lawyers have also asked the ICC judges to stop the planned trials in April following the new developments.

Uhuru, Muthaura want ICC case heard afresh - CAMPAIGN NEWS - elections.nation.co.ke
 
This thing gets interesting as the witnesses reject the cases being heard in Arusha. They claim, rightly so, that their security will be compromised. The biggest winners right now are the English lawyers representing the accused who are making millions of Ksh with these are appeals that are obviously going nowhere to say the least. The cases will be heard at the Hague and shall we proceed please.


Witnesses reject ICC move to Arusha



Tuesday, February 5, 2013 - 00:00 -- BY STAR TEAM

ICC witnesses have rejected a proposal to move the Kenyan ICC trials to Tanzania. The witnesses said they would not be willing to testify in Arusha for fears about their safety.

"We have learnt of the plan with surprise and we will not support it because it obviously puts our security at risk," said a witness who rang the Star yesterday from a European capital.

The trials of Deputy Prime Minister Uhuru Kenyatta, former Eldoret North MP William Ruto, former Civil Service chief Francis Muthaura and broadcaster Joshua Arap Sang are due to start on April 10 and 11. They are charged with crimes against humanity arising out of the post-election violence in 2007/8.

Last year the witnesses rejected a plan to relocate them to African countries after the trials are over and said they need to stay in Europe to ensure their safety.

There will be 80 witnesses at the two trials. The identities off those under ICC protection will only be disclosed to the defence on February 11 and those not under protection will be disclosed on March 13.

Last week the ICC asked Tanzania, Kenya and the International Criminal Tribunal for Rwanda to make submissions on whether the Kenyan cases can be heard in Arusha.

The trial chamber led by Judge Kuniko Ozaki also wants the ICTR to advise whether the facilities in Arusha for the Rwanda genocide trials would be suitable for the ICC.

ICC Chief Prosecutor Fatou Bensouda, legal representatives for the victims, and the ICC registry have also been asked for their opinions.

The ICTR is now winding up its work. It has four trial chambers in Arusha with support infrastructure of detention cells and offices. Since it started, the tribunal indicted 92 persons of whom three are still at large.

It has finished 50 trials. There are 32 individuals currently serving prison sentences, 13 who have finished their sentences, and three who died in prison.
Last year Uhuru and Muthaura asked the court to consider moving their case to Arusha but the judges told them to apply to the ICC President.

Ruto and Sang also applied to ICC presidency on the possibility of having the venue of the cases changed. Attorney General Githu Muigai also wrote to the ICC requesting to have the cases heard locally.

Yesterday the witnesses said they had not been consulted but had decided that it would be very unsafe for them to agree to the plan.

"We are told the prosecutor will seek our opinion on the matter but we already know that such a plan is not workable at all because it will expose us to many dangers", said the witnesses.

"Even before they ask us about our opinion we will communicate to them so that we know the actual position early enough", said the witnesses.

Defense teams have argues that the trials at The Hague would take the suspects away from their homes, friends and family, and their work and other vocations.

"We too have concerns particularly on our security because we believe this for us is a big sacrifice", said another witness. Bensouda has already complained about threats against the witnesses and she will file her opinion on the matter.

Uhuru and Ruto are running for President and Deputy President in the March 4 election and may still apply to have the cases deferred, espcially in case they win the polls.

Witnesses reject ICC move to Arusha | The Star
 
Dr. Job said:
......The cases will be heard at the Hague and shall we proceed please.

Witnesses reject ICC move to Arusha | The Star
Click to expand...

ICC suspects summoned to The Hague

By Standard Reporter

Nairobi, Kenya: The National Alliance presidential candidate Uhuru Kenyatta and his running mate William Ruto have been ordered by the International Criminal Court to participate in a status conference at The Hague on February 14.

The two must either appear in person or participate via video link to discuss the summonses to appear issued by the Pre-Trial Chamber II that indicted them over their alleged roles in the 2008 post-election violence.

In a statement released last evening, the ICC Trial Chamber V judges said that in accordance with Rule 132(2) of the court's Rules of Procedure and Evidence, the conference "will also address any practical, financial and/or legal matters related to the attendance of the accused at trial, including the modalities of the accused's stay on the territory of the Host State during the trial."

Ruto is accused in the first Kenyan case of being criminally responsible as an indirect co-perpetrator for the crimes against humanity of murder deportation or forcible transfer of population and persecution (article 7(l)(h)). His co-accused is radio journalist Joshua Sang who also faces the same charges. Their trial begins on April 10.

Uhuru is accused in the second Kenyan case alongside former head of the Civl Service Francis Muthaura of being an indirect co-perpetrator for the crimes against humanity of murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts.

Their trial is set to begin on April 11.Both Uhuru and Ruto have been seeking to have the trials moved to East Africa.

Standard Digital News - Kenya : ICC suspects summoned to The Hague
 
At best the only thing i can see ahead is a mammoth welcoming crowd from jkia to Nairobi on their return from Hague, what goes around comes around.
 
Those that sign MOUs to get votes have searched for any other options but failed to achieve deals. it is getting tighter and tighter as all options are waning. Just as expected, the debate to bring change to be 'believed' by the people of kenya has narrowed down to a specific clauses of the ICC rome statutes. it shows people unsure of their campaign efforts and on the path to retirement.
 
Ruto wants ICC trial deferred for him to build strong defence


By Felix Olick
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[TD] Ruto has asked his Visa conditions, which restrict movement in The Netherlands, modified. [PHOTO: FILE/STANDARD][/TD]
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KENYA: Jubilee alliance running mate William Ruto has requested postponement of his trial at The Hague to give his defence more time.

The request comes even as it emerged the scope of the cases is likely to be broadened.

In his observations ahead of the pre-trial status conference on February 14, Ruto asked judges to provide his defence team with more time to prepare. He argued that due to late disclosure of prosecution materials by International Criminal Court Prosecutor (ICC) Fatou Bensouda, his defence team faces arduous task of putting up a watertight case on April 10.

 Restriction extended

"It is submitted that such extensive late disclosure, which is still continuing, was anticipated by neither the defence team nor the Chamber. In those circumstances, the defence invites the Chamber to consider providing it with more time to prepare its case," his lawyer David Hooper said on Wednesday.

Ruto and journalist Joshua arap Sang also want their Visa conditions, which restrict their movement in Netherlands to The Hague modified.

They want the restriction extended to 60km from the current 30km radius, citing the expected lengthy trials.

"Mr Sang, through Trial Chamber, would like the Registry to liaise with the host State to modify his usual Visa conditions, which restrict his movements within The Netherlands to The Hague. The defence submits that when the trial begins, and Mr Sang is expected to remain in the country for an extended period of time, this restriction would be unduly burdensome," Sang's lawyer Katwa Kigen argued.

Key witness

On Tuesday, Jubilee presidential flag bearer Uhuru Kenyatta also asked the Chamber to change the day set for his trial.

The Deputy Prime Minister said his case should be referred back to the Pre-Trial Chamber for reconsideration after the prosecution dropped evidence of a key witness.

In his submission, he argued the prosecution used evidence presented by witness number four, whose testimony was allegedly dropped.

During the Pre-Trial stage, the judges held that witness number four was present as a Mungiki representative in State House meeting attended by Uhuru, President Kibaki, among others, to plan retaliatory attacks against perceived ODM supporters in Nakuru and Naivasha.

Uhuru goes on trial alongside former Head of Civil Service Francis Muthaura on April 11.

Incidentally, Independent Electoral and Boundaries Commission (IEBC) also set April 11 as the run-off date if the presidential contest is not squared in the first round.

Recent opinion polls have predicted a tough political duel between Uhuru and Prime Minister Raila Odinga, likely to spill into second leg.

According to transition timelines unveiled by Assumption of the Office of President Committee last week, the fourth president will be sworn-in on March 26, probably if the trials against the two suspects are on at The Hague.

But in yet another submission to the three-judge bench headed by Presiding Judge Kuniko Ozaki from Japan, it emerged the scope of the cases against the four Kenyans could be broader and would even involve happenings during the 2005 Constitutional referendum.

Bensouda intends to call at least 14 witnesses to testify on the 2005 referendum period against Sang.

In his submission, Sang lamented about the volume of this evidence, which he insisted pre-dates the scope of the charges.

"This significantly broadens the background of the allegations against the accused and places an onerous investigative burden on the defence very close to the start of trial," Kigen argued.

Documentary evidence

On January 9, Bensouda disclosed to the defence voluminous incriminatory evidence the prosecution intends to rely on to nail the suspects.

The prosecutor submitted a list containing 1,529 items in the Ruto-Sang case, with the first part containing 1,115 witness statements and related material, while the second part contain 414 documentary evidence including audio/video material.

In the second case against Uhuru and Muthaura, the prosecutor submitted a list containing 945 items with witness statements constituting 604 items while other documentary evidence including audio/video material comprises 341 items.

Standard Digital News - Kenya : Ruto wants ICC trial deferred for him to build strong defence
 
Mara hii wamesahau nyodo zao za don't be vague say Hague siyo? Boy go face the music.
 
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