Recent Court Documents in the 2 ICC Kenya Cases 18 January 2012

Subsequent to the Decisions by the Trial Chamber on the Modified Charges, the Prosecutor in the Ruto/Sang case and the Kenyatta Muthaura case has amended the Documents Containing Charges to bring them in line with the court’s rulings.

On the 9 January deadline for disclosure, the Prosecutor in the same case submitted the materials that she intends to rely on to the Defence. These include a list of witnesses, a summary of the main facts that each witness will testify about, a list of the Prosecutor’s trial evidence and the Prosecution pre-trial brief. The Prosecutor estimates that she will require 826 hours of trial time (assuming at least 6 hours per court-day, that makes it about 138 trial days). Along with the submission, the Prosecution has further complained about lack of cooperation from the Kenya government in availing access to potential evidence; there also appears to be a lack of cooperation from certain media houses who have video and other audio-visual evidence in their possession but have not been willing (yet) to hand it over to the Prosecution.

The Prosecutor has made a similar final submission of materials in the Kenyatta/Muthaura case, where she estimates she will need 572 hours of trial time (about 95 trial days) to make her case. Here too, she complains of lack of access to evidence through non-cooperation. If her requests for cooperation (as well as various applications to the court seeking to enforce cooperation) are successful, it’s possible that the list of evidence in both cases will grow. The Prosecutor separately submitted potentially exculpatory evidence to the defence.

The Ruto/Sang Defence seek to appeal the Trial Chamber’s Decision on Witness Preparation. They are particularly worried that the Trial Chamber may allow contact  between the witness and the party calling the witness up to 24 hours prior to testimony. They also object to the requirement that both Prosecution and Defence must avail witness statements prior to witness preparation sessions and that witness preparation sessions should be recorded.

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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

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