Saturday, September 15, 2012

Uhuru loses bid to hide ICC file



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DEPUTY Prime Minister Uhuru Kenyatta has lost a bid seeking to stop the public from accessing a document filed at the International Criminal Court last month. Judges Kuniko Ozaki, Christine Van den Wyngaert and Chile Eboe-Osuji yesterday said Uhuru's lawyers Steven Kay and Gillian Higgins did not offer sufficient justification for the gag request.
 The document called Annex D was filed on August 24 and comprised a chart identifying issues in dispute between Uhuru and ICC Chief Prosecutor Fatou Bensouda.  A redacted version of the document was posted on the court's website but was temporarily pulled down following an “urgent e-mail request” by Uhuru's lawyers. Uhuru wanted the document reclassified from public to confidential.
 “The chamber is of the view that there is no basis for this classification as the documents do not appear to disclose any confidential or sensitive material. Accordingly, the chamber determines that these documents should be reclassified as public documents, subject to any limited redactions the parties may request,” the judges ruled.
Uhuru had argued that the posting of the document online was “inappropriate” because there was no notification given and no approval was sought from both parties. He said the document contained detailed submissions that might work against him.

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