Francis Muthaura's lawyer at the International Criminal Court yesterday put up a spirited fight to force Chief Prosecutor Luis Moreno Ocampo to disclose the evidence he will rely on.
Karim Ahmad Khan said Ocampo should have handed over all the evidence he had gathered before seeking the summons for his client to appear at the ICC.
Ocampo confirmed Khan’s fears when he conceded that he had issues undertaking full disclosure before a decision is made on the admissibility challenge filed by the Kenya government.He said he will be filing his concerns on the matter.“The filing of the inadmissibility challenge cannot be used to impede timely disclosure. We want a clear commitment of the prosecutor today because I do not want to come later after ten days to ask what I am asking today,” Khan protested.
The ICC Pre-Trial Presiding Judge Ekaterina Trendafilova said she was "a little surprised” that the prosecutor was trying to circumvent the traditions of the court and reminded him of her previous guidance that the decision on inadmissibility does not deter him in any way to disclose what evidence he has so far.
The court set September 21 as the date when the process of confirming the charges for will begin for Muthaura, Uhuru Kenyatta, Hussein Ali. The date was announced by the three-judge bench through Ekaterina moments after identifying the three who face five counts of crimes against humanity each. The other judges handling the Kenya case are Hans-Peter Kaul and Tarfusser Cuno.
Ekaterina said the date was decided on the basis of the respect for international standards, the number of suspects, the fact that there are two cases running concurrently and the need for adequate time for both sides to prepare for the hearing.
A status conference was set up for April 18 during which both the defence and prosecution will meet for full disclosure purposes. That day Ocampo is expected to lay on the table estimates of the evidence he has against the three.
The defence lawyers for Uhuru, Ali and Muthaura had no problem with the September 21 hearing but insisted on full disclosure as soon as possible to enable them prepare their defence “Your Honour, disclosure to the defense is very important and we hope the disclosure regime will inform us promptly. At this point we have not received anything," the defence lawyer said.
During April 18 the status conference, Ocampo is supposed to provide estimates of the overall amount of documents he intends to use for confirmation of hearing purposes, the number of witnesses and witness statements he intends to use and protection measures for witnesses and victims.
Ocampo on Thursday said that a case filed by Kenya challenging the admissibility of the cases may complicate the issue of disclosure. He was speaking when William Ruto, Henry Kosgey and Joshua arap Sang made their initial appearance.
Judge Ekaterina yesterday repeated the warning that warrants of arrest could be issued if the suspects make speeches that could return Kenya to violence.
Uhuru stirred excitement in the court galleries when he confidently stretched his introduction to say he was an MP and a minister courtesy of the people of Gatundu and President Kibaki respectively.
The Deputy PM was introducing what he does for his living shortly after introducing himself in name, where he was born and his age. He was about to state his profession when the judge prodded him on.“I am currently the MP courtesy of the people of Gatundu South and Finance minister and Deputy Prime Minister courtesy of the duly elected President of the Republic of Kenya,” he said.
Uhuru who sat sandwiched between his two British lawyers Steven Kay and Benjamin Joyes would later pull a first one on the prosecutor when he told the judge that although he was informed of the charges against him, he first learnt of them through “some press release.”
He would later shake his head in disapproval when a court officer read the charges against him and which include murder, forcible transfer of persons, rape, persecution and other inhumane acts.
Uhuru's wife, brothers, sisters, cousins and uncle sat on the galleries with the Deputy PM smiling at them once the glass window separating the two was lowered for the session to begin.
Muthaura’s lawyer who starred in yesterday’s proceedings did not miss an opportunity to reassure the court that his client was not about to violate any of the conditions imposed on him by the court.
This was moments after the judge reminded the trio of the earlier warning that the court was aware of moves to reignite fresh violence in the country through “dangerous speeches". Muthaura forgot to say his birth date but was reminded. Ali was asked to speak louder while he introduced himself.
After the court proceedings, Uhuru was first hugged by his wife and there followed rounds of hugs from MPs who had waited for him outside the court.The MPs, who included fellow suspect William Ruto, converged at the front of the court to sing Kenya's liberation songs, in praise and honour of the Kapenguria Six. Jomo Kenyatta was the leader of the Kapenguria Six.They also sang the National Anthem.
Uhuru said he remained as innocent as he was before the appearance and had no intention of committing any crime. “We will be vindicated in time. We know and the world knows that we did not commit any crime as alleged by the prosecutions,” he said in outside the court.
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