Update: Instruction of Experts in the 2 Cases

The Prosecutor in the Kenyatta/Muthaura case submitted the 3rd report on expert witnesses. She noted that the two sides were unable to agree on Lars Bromley (CV here) as a joint expert on satellite imagery so he will be called as a Prosecution expert.  In addition, the Prosecutor is discussing with the defence the possibility of a joint expert- Dr. Peter Sommer- to examine email correspondence of various witnesses. The Prosecutor and Defence still need to agree on an expert to examine other electronic correspondence (such as Call Data from mobile phones and SMS messages). The Prosecutor was unable to find anyone willing to testify in this case as a Sexual and Gender-Based Violence expert.

With regard to the proposed experts in the Ruto/Sang case, the Defence is still concerned about the potential language barrier in regard to the Prosecutor’s suggested Socio-Political expert Herve Maupeu. The proposed expert wants to testify in French; the defence teams do not contain French speakers. This may undermine their ability to adequately follow the expert’s testimony (even if there is translation) as well as to effectively examine him. It may also make it difficult to investigate his background if much of his writings and prior works are also in French.

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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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