Uhuru, Muthaura and Ali before ICC judges

Written By:Margaret Kalekye/agencies,    Posted: Fri, Apr 08, 2011

Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Former Police Commissioner, Hussein Ali Friday appeared before the ICC pre-trial chamber Judge, Ekaterina Trendafilova .
The trio  went to court at around 2.30PM with the court session officially  beginning at 3.30pm for intial identification and to be officially read the charges against them.
The court will hold a hearing on September 21 to confirm charges the Chief Prosecutor Luis Moreno-Ocampo intends to seek trial while the status conference on disclosure will be held on April 18 at 11.30am.
Presiding judge Ekaterina Trendafilova assured Mr Kenyatta's and Major General Ali's lawyers who demanded  full disclosure from the prosecution that Ocampo will be required to give an estimate of documents he intends to use, witnesses he will call and their statements during the confirmation hearing.
'Dangerous speeches'
She at the same time warned the suspects to avoid making any "dangerous speeches" that might incite violence as this could lead to their summonses being replaced with arrest warrants.
The judge had issued the same warning the previous day to suspended government ministers William Ruto and Henry Kosgey, and to radio executive Joshua Arap Sang, who appeared in court on charges including murder, forcible transfer and persecution.
Uhuru, Muthaura and Ali are facing charges of murder, deportation, persecutions and rape.

On Thursday, former Higher Education Minister William Ruto, former Minister for Industrialisation Henry Kosgey and radio executive Joshua Arap Sang appeared in court for the preliminary hearing.

All six are accused of crimes against humanity during the violence in which some 1,000 people died.

Some 500,000 people were driven from their homes, some of whom still remain in camps.

The court set a date of April 18 for a status hearing to establish an "adequate calendar of disclosure" before a confirmation of charges hearing on Sept. 1 after which judges need to decide whether the suspects should go to trial.

The Kenyan government has objected to the ICC proceedings, requesting judges to declare both cases inadmissible.

Kenya argues that adoption of the country's new constitution and other reforms have opened the way for it to conduct its own prosecutions for the post-election violence.

Tougher conditions

But even as the three prepare to appear before the pre- trial chamber judges, ICC Prosecutor Luis Moreno Ocampo sought to have tougher conditions imposed on them.

On Wednesday, Ocampo filed an application seeking stricter conditions including a gag order, declaration of wealth and listing their addresses with the registrar of the court. 

He also wants the court to order the suspects to deposit a bond commensurate with their wealth.

He further wants them to appear before the ICC every six months so that the court can verify if they have complied with the conditions set out.

In the application Ocampo is demanding that a warrant of arrest be issued against the suspects if they fail to meet the conditions or breach any of them.

The prosecutor argues that if the suspects remain free pending confirmation, adequate conditions should be imposed to guarantee that they continue to appear voluntarily and that they do not obstruct or endanger the investigation or the Court's proceedings.