Cooperation of ICC suspects to determine trial date

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Updated 6 hrs 44 mins ago

By Felix Olick and Athman Amran

International Criminal Court Prosecutor Luis Moreno-Ocampo has said the start date of trial of Kenyan cases will depend on cooperation from the Government and the accused persons.

Moreno-Ocampo also wants the date of the trials facing Eldoret North MP William Ruto and radio journalist Joshua arap Sang’ to be pegged on the court’s ability to protect witnesses.

In his submission to the three Trial Chamber V judges handling the Kenyan cases, the prosecutor argued that the Chamber should set the date of the trial with the issues in mind.

“The start date of the trial is dependent in the court’s ability to protect witnesses, pursuant to Article 68 of the Statute, as well as cooperation with the court’s processes by the accused and the Government of Kenya,” said Moreno-Ocampo.

He estimates that presentation of the prosecution’s case will take at least 12 months.

“Based on the assumption that the Chamber sits continuously, without any significant interruptions, the Prosecution estimates that the presentation of its case will take approximately 12 months,” he said.

He revealed that the prosecution has collected additional material and was in the process of reviewing them for purposes of disclosure.

The prosecutor reiterated his fears over the security situation in Kenya, arguing that it presents a challenge to his office in fulfilling its duty to protect witnesses and victims.

Interference

However, he said the prosecution shall disclose all witness related materials to the defence teams in advance for sufficient preparation.

Moreno-Ocampo reminded the three Judges, Kuniko Ozaki, Christine Wyngaert and Chile Eboe that it had brought several instances of witness interference in the Kenyan case to the attention of the Pre-Trial Chambers.

Meanwhile, Deputy Prime Minister Uhuru Kenyatta and former Head of Public Service Francis Muthaura want their trial to be held in Kenya or Arusha, Tanzania, instead of the ICC in The Hague.

The two argued that trial outside Kenya would disrupt their lives, stress them and would also be uneconomical.

They further argued that according to the Rome Statute the court can sit elsewhere whenever it considers desirable to do so.

“The defence requests the trial to be held in Kenya for reasons of judicial economy and to ensure the judicial process takes place within the territory affected,” Uhuru’s defence counsel Steven Kay QC and Gillian Higgins, submitted their observations on the Agenda of Status Conference to be held on June 12.