FORMER Radio Presenter Joshua Sang has lost a bid to block ICC prosecutor Fatou Bensouda from using socio-political experts at his crimes against humanity trial.
Trial Chamber V(a) judges on Wednesday said that they will rule on the admissibility of Prof Herve Maupeu's expert report after he testifies and is questioned.
"Any determination as to which parts of the expert report can be considered by the Chamber and for what purposes, will be significantly clarified after Maupeu testifies and all objections to his testimony have been made and ruled upon," the judges ruled.
Bensouda will call the French socio-political scientist as a witness to help the trial judges understand the relationship between militia and leaders from the Kalenjin community in the past.
Sang and Deputy President William Ruto have been accused of using and financing militia to commit crimes such as murder and eviction of people during the 2007-08 post-election violence.
Bensoud will have three expert witnesses.
The other two are American satellite imagery expert Lars Bromley and post-traumatic stress disorder expert Elisabeth Kaiser.
However, the judges agreed with Sang that the expert report should not give opinions on whether he is guilty or not.
They said the report should meet the same admissibility criteria as any other kind of evidence.
"This Chamber will examine the admissibility of evidence by assessing its relevance, determining what it proves and weighing this proof against its potentially prejudicial effect," the judges said.
Sang said the issues Maupeu bases his opinions on are not technical. He said they are not beyond the chamber's "comprehension".
However, Bensouda told the judges that although Maupeu will not be testifying on technical matters, he has knowledge, experience and training as a researcher in social sciences.
"He has the potential to assist the Chamber understand the background and context of the post-election violence in Kenya," Bensouda said.
The judges said an understanding of domestic political dynamics is useful to the case.
"The Chamber considers the Kenyan political situation before and during the violence complex enough to warrant an expert testimony regarding it," the judges said.
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