Uhuru, Muthaura want ICC to delay trial

By Beatrice Obwocha

Jubilee presidential candidate Uhuru Kenyatta and former Head of Civil Service Francis Muthaura wants the International Criminal Court (ICC) to delay trial of their case set to start in April.

The two suspects said they needed more time to prepare for the case as the prosecution had introduced new evidence.

Uhuru through his lawyers said they needed more time to prepare for the case as the prosecution had abandoned a crucial witness and Uhuru was now facing a different case from the one he faced during confirmation of charges.

Uhuru’s lawyer Steve Kay told Trial Chamber V that there has not been proper disclosure of evidence and witnesses by the prosecution.

Kay said they wanted more time to go through evidence by prosecution witnesses alleging that there were people who were ‘supplying the prosecution with witnesses’.

He added that a number of people who made allegations against his client were not at the places where the events are alleged to have taken place.

Former Head of Civil Service Francis Muthaura who is charged alongside Uhuru said the April date was not viable due to non disclosure of evidence by the prosecution.

Muthaura’s lawyer Karim Khan said about 68 percent of the prosecution case is new.

“The defence needs adequate time to challenge evidence by the prosecution,” he said.

The lawyer representing the victims however opposed the delay of the trial saying his clients were impatient as the post election violence happened five years ago.

The lawyer said the victims want a speedy trial and conclusion of the case.

The case is before Trial Chamber V. The presiding judge is Kuniko Ozaki. The other judges are Christine Van den Wyngaert and Chile Eboe Osuji.

At the same time President Judge Ozaki said they have requested the ICC presidency to constitute two separate chambers to hear the two Kenyan cases simultaneously.

“The Chamber mindful of rights of accused, considers interest of all parties, victims and justice for cases to proceed as soon as possible. The most efficient way to proceed is to constitute two separate chambers to hear the cases,” said Judge Ozaki.

She however noted that the Court was faced with logistic constraints including availability of court rooms because there are other cases going on.

The judge said they have to share the available court room for the two cases.

Judge Ozaki announced that the Trial Chamber will conduct the hearing of the cases at the same time and allocated four hours a day for each case.

Uhuru was not present at The Hague and participated in the proceedings via video link.

His lawyer Kay was however at the ICC.