ICC to set trial dates for Kenyans this week

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Two of the Ocampo Six suspects William Ruto (left) and Joshua arap Sang during prayers held for them at Kipchoge Keino Stadium in Kapsabet Town on March 11, 2011. The International Criminal Court will this week set the date for trials of four Kenyans accused of organising the post-election violence. Photo/FILE 

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Sunday, July 8  2012 at  23:30

IN SUMMARY

• Trial Chamber V will make decision before court takes its annual summer judicial recess

The International Criminal Court will this week set the date for trials of four Kenyans accused of organising the post-election violence.

Trial Chamber V will make the decision before Friday when the court takes its annual summer judicial recess.

The prosecution and three of the accused — Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto and radio presenter Joshua arap Sang — are in agreement that the trial should start after March next year. This is just after Kenya holds its next elections.

The fourth accused, former head of public service Francis Muthaura, has indicated that he wants his trial as early as October this year. However, with the prosecution saying that it cannot be ready to start its case until after March, the judges are likely to set a 2013 date.

At the same time, the trial judges have ordered the prosecution to provide the defence teams with an updated document containing the charges (DCC), which reflects the facts confirmed by Pre-Trial Chamber II, by August 6. The document will then be filed with the chamber by August 21.

“The Chamber directs the prosecution to provide the defence with a draft updated DCC by 6 August 2012. Thereafter, both parties are to liaise with a view to resolving any areas of disagreement as to whether the draft updated DCC properly reflects the Confirmation Decision,” the judges said on Friday.

They further said an updated post-confirmation DCC would assist in providing the defence with a readily accessible statement of the facts underlying each charge. They have asked the prosecution to clearly indicate the material facts and circumstances underlying the charges as confirmed.

“In this connection, the prosecution should have particular regard for the entitlement of the accused to be informed of the facts and circumstances in terms of times and locations and also, as far as possible, the precise numbers and identities of the victims and the means employed to commit the crimes,” the judges said.